How To Handle Debt Collectors
You have an upper hand when it comes to dealing with debt collectors
. If you know how to tackle debt collectors you definitely can walk away with the best deal from debt collection harassment.
The Fair Debt Collection Practices Act (FDCPA) is a federal statute enforced by the Federal Trade Commission (FTC) to regulate debt collection practices. The FDCPA does not cover original creditors in this regard.
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FDCPA came into being to prohibit the unfair practices adopted by the third party debt collectors. These debt collectors are over zealous to collect debts, sometimes more than debts, and hence resort to tactics that would scare you to pay. However, as a consumer you are protected against these mean tactics by the FDCPA.
The Act bars debt collectors from harassing you using abusive language or calling you repeatedly and demanding money. These are violations of the Act. Debt collectors should not contact you after a cease and desist letter from you. They should stop all collection activity until they validate the debt if you have requested for it. Debt collectors should disclose their identity and should not feign to be someone else during the calls.
In the event of calls from debt collectors, you must stay calm and composed while speaking to them. Instead of giving your personal information out, try to get as much information as possible from debt collectors.
In District of Columbia and thirty five states of the United States of America, recording of phone conversation is allowed without the knowledge of debt collectors. The other fifteen states require caller's permission to record the conversation. If the caller continues to speak even after your informing of the recording, it can be taken as a permission to record. You may save all voice mails to have an edge over debt collectors.
Keep all communication on record. You should file all collection letters and day and time of each call including all details you could collect during those calls. Keep a copy of all the letters you send to the debt collectors.
If the debt is validated by debt collectors, it would be better to negotiate repaying it. Whatever you and debt collectors agree about the payment, send this to the debt collectors via certified mail which should ensure you receive a receipt once the letter is delivered. Payment by check is safe. You may state on the back of the check that the check was in full payment of the debt.
Debt collectors try to take advantage of your situation, so you too should take advantage of their calls. Negotiate the payment plans at the end of the month because the collectors' commission is calculated at the end of each month. To get maximum commission for any particular month, a collector will come down in the payment amount. Also, this is the best time to make the collector clear any negative information placed on your credit report. Insist on getting a paid in full account listing which is more important than paid in settlement. Do not pay until you have a written confirmation of the above.
by: Thomas_Robinson
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