Talking to Bill Collectors

The Secret to Stopping the Madness of Collection Calls

© Harvey Z. Warren

Jun 21, 2008
What do you do when a collection agent calls you 50 times a day? You call them back.

Lawyers will tell you to call the Attorney General. Consumer Advocates will have you call the Federal Trade Commission. Your friends will tell you to change your phone number. Logic and common decency would suggest that you just call them back and tell the truth. If the collector is abusive and threatening then, yes, you need to call those agencies. Some links on exactly how to do that are provided at the end of this article. But, first, you should try returning the call to the collection agent or collection attorney.

Collection horror stories are reported daily in the news. One recounts a sadistic collection agent who would gleefully put a pin in a map whenever someone he was pursuing actually committed suicide. Those kinds of urban legends drive ordinarily reasonable and rational good people to extreme evasive actions when they fall behind on their bills.

Understanding the Collection Process

Collectors view the collection process in several important steps. The first step is to contact the person who owes the money. If the collection agency can't find you then they can't collect the money. You may be thinking, right, that's the good news. Unfortunately, the collection agency usually has 90 to 180 days to find you. If they have your number and ring it three times a day, that's a lot of ringing in the course of six months. If you were at the agency making calls that were either unreturned or blocked, your frustration would soon turn to anger, too. If you hang up or try to evade the collector, they will be compelled to call in the lawyers. That is what court is for; to make you do the things you should have done in the first place. Why not just go with the flow?

Give the collection agency the facts they want with polite and respectful conversation. Think about how many rude and evasive people bark at bill collectors all day long. Wouldn't it be nice for them to finally talk to someone reasonable? You bet it would.

Again, there are some really bad people in the collection business who do their share of nasty barking. Hope for the best and make that call back.

A Simple Script for Handling Bill Collectors

Take a deep breath, exhale, and say, "Hello. This is (insert your name). You have been calling me about my (name of account). I am sorry I haven't called you sooner, but to tell the truth, I don't know what to tell you. I am having a really hard time now. I want to do what I can, I just can't do much right now because (the reason). If you need to contact me, please feel free, but I would prefer to call you back next on (insert date) after I have had some time to talk to all of my creditors and make a plan. "

That will usually turn a harsh demand into a businesslike discussion. If they continue to be rough with you say, "I know my rights under the FDCPA. I want to talk to you, but without all the threats." If that doesn't work, here are some links for services that will force the collector to follow the rules.

If the Nice Way Doesn't Work

The Fair Debt Collections Practices Act (FDCPA) protects consumers from harassing collection calls. This is the complaint form.

The secret to stopping the collection calls? Do not hide - respond.


The copyright of the article Talking to Bill Collectors in Personal Debt Management is owned by Harvey Z. Warren. Permission to republish Talking to Bill Collectors in print or online must be granted by the author in writing.


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Comments
Sep 16, 2008 10:34 AM
Guest :
I believe that Harvey meant well by his posting. However, it would seem that he did not do his "due diligence" in investigating the consumers' rights under the FDCPA.

The truth of the matter is that most consumers falsely assume that a "collection agency" is somehow actually working directly for the creditor, and therefore are obligated to work with the person hounding them. This is nearly always incorrect.

When a creditor cannot collect from a consumer within 90 days, most of them "sell the debt" off for pennies on the dollar to a collection firm. The collection firm relies on intimidation and the consumer's ignorance of the law and industry to "persuade" them to pay them, usually under the false assumption that the consumer is "doing the right thing" and paying their debt to whom it is owed. What they DO NOT tell the consumer is that the consumer is NOT paying the creditor at all. They are only paying the collection agency. The creditor has already "written off" the debt and will NOT see a penny of any monies paid to the collection agency.

Food for thought: Why would anyone "knowingly" pay money to someone that they did not owe, nor have any contractural obligation to pay?

Outside collection agencies (meaning: not inside the creditor institution) fall under the Telephone Solicitations Act and wise consumers may treat them as they would most telemarketers. When they call you, tell them that you did not request contact with them, have not done business with them, and for them not to call you anymore. Never agree to pay or not to pay. Refuse to discuss the account! NEVER VERIFY ANY INFORMATION WITH THEM OVER THE PHONE.

Important: send them a certified letter instructing them for a VALIDATION of the account (contractural proof that you owe them any money) and tell them to cease and desist contacting you immediately via telephone. Once they receive the letter, they are required by law to stop contacting you, except via snail mail.

DO NOT CALL THEM! This enables them under the Telephone Solicitations Act to continue calling you.

Know your rights!
Don't put up with the abuse!
Stop being afraid of the phone ringing!

Eric Wade
http://www.billcollectorsecrets.com



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