Abusive Debt Collectors

safe guards the consumer rights

Tips to Handle Abusive Collection Calls from Creditors

debt collecting callsDoes your heart skip a beat when the phone starts ringing? The harassing phone calls does not make a situation better but only leads to worsen it. The Federal law and state law both are there to protect and safe guard the consumers from the evil practice of the creditor. Lagging behind debt doesn’t mean that you have to bear the nonsense harassing calls from the creditors.
It is not that difficult to handle the abusive debt collectors if you know few tips how to deal with them. In order to fend off the abusive debt collectors the following things should be kept in mind.

Implementation of FDCP A:
The Federal Trade Commission (FTC) is a regulatory body which has implemented Fair Debt Collection Practice Act (FDCPA).This law is enforced to safe guard the consumer’s right against the creditor harassment. The consumers who are coming across the threatening calls and abusive letters can lodge a complaint against the creditor or collection companies. The harassed debtors can visit the FTC’s office or Attorney General’s office to file a complaint against these rogue money lenders. You can lodge an Online at www.ftc.gov if you don’t have time to visit the FTC’s office. On the violation of FDCP Act by the creditor, the debtor can even sue him.

Make the creditor know that you are aware of the FDCPA
The creditor should be aware that you know about the Federal law and state law that safe guards the consumer rights.
-By Section 806(1) the creditor is not allowed to terrorize of imprisoning the debtor if he fails to repay him on time.
-By Section 806(5) the creditor is not allowed to contact the debtor before 8am and after 8pm.
-If the debtor asks the creditor to stop contacting him then he has to cease the communication.

Try to record the telephonic conversation with the creditor
When the creditor calls you and starts harassing you try to know the name of the caller. Then inform him that the telephonic conversation is being recorded and you are going to produce it in front of the FTC’s office. It would act as evidence that he has violated the FDCP Act and now you can threaten the creditor of taking him to court.

Negotiate with the creditor
Try to negotiate with the creditor regarding the outstanding balance if he gets a fine hint that there is a possibility of getting back his money then he might not harass you to that extent. But prior to the payment ask him to give a receipt stating full and final payment accepted.

Take an attorney’s advice
Attorney can provide you with right information regarding the laws and how to deal with the creditors. If you are thinking of going for a debt settlement company then beware of it as many companies prove to be a fraud. So hiring a debt attorney can assure you that you won’t be cheated. After you come under the guidance of an attorney then the creditor has to talk to him before calling you up. A letter from the lawyer to the creditor to ask him to cease the communication, hold more credence as he holds a degree of law.

Take help of the police:
If the creditor or the collection companies comes down to physical violence or you find them involving in any forgery then don’t hesitate to take the assistance of the cops. Always keep some evidence or document to prove your point. The creditor might be prosecuted for a criminal offence under the Criminal Code if you provide with authentic proof.

The best policy the debtor can employ is that he should pay off the debt within the time frame. It is a fact that dealing with a creditor can be one of the most strenuous experiences. Constant harassment from the debt collector can take you to the edge. On the humanitarian ground a person should not be harassed to such an extent where he has no other option left than committing suicide. So the laws have structured in such a way that the debtor can survive in peace even after neck deep in debt.

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