debt collectors

[stoneybroke]

When you make a reasonable request, debt collectors should be prepared
to give you account information and copies of contracts (if the debt
collector is acting on behalf of a creditor, they may refer your request to the
creditor). For home loans (except for investment properties), personal loans
and credit card debts, you have a specific right to this information by law.
If you are disputing a debt, a debt collector should stop collection activity
until any reasonable request for information has been met, and the debt
has been confirmed. Also, a default listing on your credit report should not
be made during this period.
Creditors have the right to start legal proceedings to recover money – in other words, they can sue you for a debt. If they do, these legal proceedings will be civil rather than criminal, and will have nothing to do with the police or the possibility of jail
they must obey laws that are designed to protect you from misconduct. Under these laws, a debt collector must not:
XXuse physical force or coercion (forcing or compelling you to do something)
XXharass or hassle you to an unreasonable extent
XXmislead or deceive you (or try to do so)
XXtake unfair advantage of any vulnerability, disability or other similar circumstance affecting you (this is known as ‘unconscionable conduct’).
These laws also apply to a debt collector’s conduct towards your spouse, partner, family member or other person connected with you.
Other laws also apply to debt collection
Extreme conduct – force, trespass, intimidation
If you are confronted by extreme conduct, report it to the police
immediately.
Debt collectors must not:
XX use or threaten force of any kind towards you, any member of your family
or any other person connected with you
XX damage or threaten to damage your property
XX block access to your property, or block your way
XX enter your property when you have refused permission, or fail to leave
when you ask them to.
Unreasonable conduct – harassment, verbal abuse,
overbearing manner
Debt collectors must not:
XX shout at you or abuse you, use obscene or racist language or make
personal or demeaning comments (you might also want to report this
conduct to the police)
XX contact you more frequently than necessary or at unreasonable times –
for example, it is unacceptable to keep phoning you without a break or
to contact you late at night or at other unreasonable times as a way of
demoralising or exhausting you (see ‘When, where and why can you be
contacted about a debt?’ on page 8)
XX make other persistent contact or unreasonable disturbances.
22
Debt collectors must not:
XX threaten or harass your spouse, partner, family member or any
other person connected with you
XX make any unauthorised contact with a child under the age of
18 years
XX talk about your situation to other people (including family
members, neighbours or co-workers) unless you have agreed
to the contact – such actions may also breach privacy laws
(see page 30)
XX engage in conduct that draws people’s attention to your situation
(e.g. send open letters to a shared post-box, leave messages
that others may listen to, make their identity or purpose known
to people you work with – again, such actions may also breach
privacy laws)
Debt collectors must not:
XX Make false statements about the amount you owe, or the status of your
debt – for example:
XX say you owe a debt when you do not
XX say the amount you owe is greater than it is
XX say that you have no choice but to pay a debt if you have a valid
defence against payment, unless there has been a court judgment
(see ‘Disputing a debt’ on page 13)
XX say that your spouse or partner must pay your debt when they have
no legal liability to do so (see ‘Are you responsible for someone
else’s debt?’ on page 5)
XX say that there has been a court judgment if this is not true
Make false statements about what will happen if the debt is not paid, or
what they intend to do – for example:
XX say that unpaid debts are a criminal offence involving the police or
possibly jail (being in debt is not a crime)
XX say that your children can be taken away from you (this is completely
false)
XX say that you will be made bankrupt immediately, even though there
has been no court judgment or bankruptcy proceedings started
XX say that your goods (e.g. your car) will be seized and sold
immediately, even though there is no mortgage over the goods and
no court judgment (if there is a mortgage over the goods, generally
you must be given notice and 30 days to pay first)
XX say that your wages will be garnished (taken), even though a court
order to allow this has not been obtained
XX say that your credit rating will be damaged, if that is not true
(privacy laws limit the type of information that a credit reporting
agency can hold on file, how long it can be on file, and who can
access the information).
Debt collectors must not use misleading or
deceptive conduct – for example:
XX send letters demanding payment that are designed
to look like court documents
XX pretend to be (or pretend to act for) a solicitor, court or
government body
Debt collectors must not:
XXtake unfair advantage of you if you are specially disadvantaged because of illness, disability, age, illiteracy or other circumstance
XXtake unfair advantage of you if you are ignorant of the law, the debt recovery process, or the consequences of not paying a debt
As a guide, if contact is necessary, it should be limited (unless you request or agree otherwise) to:
XXa maximum of 3 phone calls or letters per week (or 10 per month)
XXphone contact only between the hours of 7:30 am–9:00 pm on weekdays and 9:00 am–9:00 pm on weekends
XXface-to-face contact only between the hours of 9:00 am–9:00 pm on weekdays and weekends
XXno contact on national public holidays

[stoneybroke]

If a collection agency buys your debt, how do they prove you you them the money?

Without my SSN or signature, how could they prove in court I owe them anything? And when they call, what do I ask them to send me to prove I owe them and not the creditor?


Additional Details

I thought no one could give or sell your SSN number, without that, how does a collector prove the debt?


Best Answer - Chosen by Asker

<ring ring> "Hello, Mr. Yahoo Person"

"I represent the Yank-n-Pull Collection agency. You owe me money so please send my your payment today. "

"Huh? No, I don't have any actual proof that you owe me. No, the creditor didn't send me any proof or signed contracts. But he seems like an honest person, and....."

<Click> "Hello...?"

If they don't have a signed contract, final bill, copy of the final collection letter, or assignment of debt showing they have the right to collect it.....you don't even have to waste your time with them.

Do what Sarge says and send them a letter demanding that the validate the debt. Be sure to dispute this with the credit bureau also

Under the FDCPA there are rules they must follow: They are to notify you in writing of certain information regarding the debt within 5 days if they did not provide the proper information in the initial contact.
This is the regulation under the following 15 U.S.C. § 1792 et seq.
15 U.S.C. § 1692g. Validation of debts
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice
containing--
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt
collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy
of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

When they call inform them of your rights as listed aboove (give them the reference). This will let them know you know your rights and are willing to fight back.


Hope this answers your question

Source(s):

http://www.access.gpo.gov/uscode/title15…




All Info Is passed on to them to try and collect. Sometimes they will setttle for a lessor payoff amount. If you refure to pay, they keep hassling, calling, threating to take you to court.bottomline is they can;t get what you don;t have..but it goes in your credit report, making it hard to get credit..

companies hire collection agencies to collect the money for them because they do not have the time to keep calling you. Some buy the debt but then they still have the trail of where the debt came from. So if you owe the debt they will have records.

Send them a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting
written validation of this alleged debt

Read up on the Fair Debt Collection Practices Act and understand your rights:



Source(s):

http://en.wikipedia.org/wiki/Fair_Debt_C…

[Osmanli]

Thank you, this will be of great help to us all