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They Told Me There Was Nothing I Could Do About My Very Bad Credit . . . I Proved Them Wrong . . . And I'll Show You Just How I Did It! |
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DEBT COLLECTION
A collection agency is in charge of debt collection. The words "collection agency" sends shivers down the spine of most people however once you know about them, you will not be scared at all. You have a lot of control over them, you just don't know that yet.
A collection agency is governed by the FDCPA mainly but also by the FCRA as well as your local laws. It is advised you read those. You should NEVER talk to any collection agency over the phone. Always do so in written form so you have proof of what was said. NEVER believe anything a collection agency says. After dealing with many of them, I now understand that most of those people are undereducated and do not follow the letter of the law.
STOPPING CALLS FROM A COLLECTION AGENCY
If you are like most people, you get calls from a collection agency at home and it is annoying. You can stop this by sending the collection agency a simple letter called a cease and desist letter. You will find a sample letter in our sample letter section. Your cease and desist letter will basically inform them that under the law, they are no longer allowed to communicate with you via any method at any time other than written form. If they call you again, they are now violating the law and you can sue them for damages if you choose to do so.
COLLECTION AGENCY - burden of proof
When it comes to debt collection, the burden of proof is on the collection agency, not you! If you send them a VOD (validation of debt) letter, they must cease reporting the item, collection on the item and so forth until they can prove it is yours--according to the law. A simple, yes it is your debt will not due. Additionally, a print out of statements is not valid either. The fact is, most collection agencies can not provide the proof you legally require and try to get around it. If the item recently went to the collection agency for debt collection, they may be working with the original creditor. If not, chances are they just bought the paper and can't validate the debt. They may try to send you computer generated printouts and other garbage, this proves nothing. Anyone can make a computer printed invoice. They try this in hopes you are not smart.
COLLECTION AGENCY - phone call
So you just picked up the phone and it is a collection agency trying to do some debt collection. What now? Follow these steps.
1. Ask what company it is with. If it is from a collection agency you send a C&D to, write down the date, time of call and the first & last name of the representative then proceed to step 3.
2. If it is a new collection agency, tell them to send you correspondence in written form.
3. Tell them any further calls will be considered harassment and say good bye.
That is it. Do not spend any time on the phone with them or let them speak. If you have any collection agency notices around your house, send them a C&D letter this instant via the CRRR method.
COLLECTION AGENCY - credit reporting
Sometimes you will get a collection agency that threatens to report the debt on your credit report. They must send you a written notice advising you of this FIRST. If they do not, they are violating the law. Additionally, they are not allowed to threaten you with bad credit in any way. Saying anything aside from the item will be reported which could impact your credit is outside of allowable conversation. This is why it is best to never talk on the phone. Anything written by them can be proven in a court of law.
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