How much is harassment?

[saundra1984]

What is the name of your state? NC
My boyfriend was recently out of work for 3 months due to surgery. After the first month out of work, he was unable to pay his credit card bill, I know when he pays and how much because I'm the one who puts his check in the envelope and mails it. Almost immediately his credit card company started calling, he told them why he couldn't pay and when he expected to return to work and being paying again. A few weeks later we began getting phone calls from a collections agency, but not on his phone, on mine. Our phones look the same and he probably called the collection agency from my phone and of course they have caller ID. So after a couple of days of them calling 2-3 times a day, they started yelling at me when I answered. Of course, I stopped answering and they started leaving rude messages on my voicemail. I got them to stop by filing a report with the BBB. Now, after the first couple of days of them calling me, they found out his phone number (I didn't give it to them) and started calling him. He just keeps his phone off now because they call so much. Its been nearly 2 months of daily calls. They start calling at 7am and keep calling until 10:30 or 11:00pm. A call pretty much every hour until about 6pm then it's a call at least every half hour. I googled the company, Allied Interest, and there are a lot of complaints about them being overly harassing and yelling and cussing. I filed a complaint on my boyfriends behalf with the FDCPA over a month ago, when the calls first started on his phone, and they still haven't stopped. I tried the BBB but they couldn't do anything because it wasn't a wrong number this time.
This is really ridiculous considering his credit card only had a $300.00 limit. His last statement that he paid said he had used about $280.00, he paid $50.00 so only owed $230.00. The last statement he received, this was with 2 missed payments, was close to $2,000.00 with no charges after the last payment. He called the credit card company to ask about the extra charges and refused to tell him until he made a payment of at least $500.00. The statement just listed them as "misc". He is back at work now but it will be another month before he can make the minimum payment they are asking for. Who can I talk to to get these people to stop? We obviously can't afford a lawyer.

[debtcollector`]

You don't need a lawyer. You need to pay the bill.

As for the rest of your post -- it has been address at length on this forum. Use the search feature.

DC

[TiredOfAbuse]

This is really ridiculous considering his credit card only had a $300.00 limit. His last statement that he paid said he had used about $280.00, he paid $50.00 so only owed $230.00. The last statement he received, this was with 2 missed payments, was close to $2,000.00 with no charges after the last payment. He called the credit card company to ask about the extra charges and refused to tell him until he made a payment of at least $500.00. The statement just listed them as "misc". He is back at work now but it will be another month before he can make the minimum payment they are asking for. Who can I talk to to get these people to stop? We obviously can't afford a lawyer.

Collection agencies can be really heartless, but it should be realized that it is their job to collect money on late debt from consumers. Unfortunately quite a few do this without regard for the law. I won't mention morality because that has nothing to do with their business - it is just that after all, business. They are mean, and they really do not care about your or your situation. They care about their end of month bonuses and their bottom line.

A lot of people that post here consider a "contact" when you actually answer the phone. On the other hand, I have read case law where it's the opinion of the court that causing the phone to ring in excess is considered harassement.

First, write the Lender/Original creditor a letter asking them to Investigate the account based on the total amount of the balance being a bit outrageous. Note that they can charge for collections (a reasonable amount, though) and they can charge late fees (but nothing that would baloon your balance that high). Also tell them what the CA they have hired is doing, and ask them if they would have a word with the agency.

Second, write a letter to your states Attorney General. Explain the complete situation and omit nothing - include how you feel and even both sides of the conversations you and your BF have had with the Original Creditor and Collections Agency. Include copies of your letters and any other documented communication you have had.

Third, think about composing a cease and desist letter to send to the collections agency. When doing that, put it in the letter that you consider their constant calling harassment and that you wish all communication to stop. Let them know you are not ignorning the debt, but that you will deal only with the Original Creditor or a reasonable Collections Agency.

The reason I say think about it is because a lot CA's see Cease and Desist letters as an automatic reason to advise the Lender to sue. It doesn't always happen, but it can.

Next check your state and federal laws. Read up and make sure you document any perceived violation. If you document a lot then talk to an attorney. Most will give a free consultation.

In the mean time, keep in contact with the Original Creditor. In your shoes I would make payments up to what you had perceived the balance should be. I would do this until they have completed the Investigation and not pay a penny more.

As you can see by the advice you have received already - CA's do not get paid to be nice, they get paid to collect a debt using any means they can get away with. Why do they do it? I'd guess that 90% of the consumer population are too scared or embarrassed by their debt and just pay. The rest of us wisen up and check our rights. We fight back.

To get you started, copy and paste this link (since this website doesn't display links properly anymore) [url]http://www.lawhelp.org/NC/[/url]

Good luck, I'm sure I'll get slammed for my opinions and advice.

TiredOfAbuse

[JETX]

Originally Posted by saundra1984

Who can I talk to to get these people to stop?

Contrary to the incorrect post by 'tired'.... YOU can't do anything. You have NO standing in this matter between your boyfriend and HIS creditor.

[Chien]

When I first saw your post, it was my intention to abstain – to ignore it. But the thread grows and advice differs. I don’t think that you mean “Allied Interest”; I think that "Interest" should be "Interstate". Yes?

JETX is right. DC is right, when “you” is replaced with “boyfriend”. And TiredOfAbuse makes some conceptually valid points, although for boyfriend and not you.

I wish that I could defend every member of the ARM profession. I think that the vast majority is entitled to it, notwithstanding the allegations and complaints occasionally heard here. That said, Allied once did both commercial and retail collections (and still might). In the commercial context, I once received business from Allied. I declined to continue a business relationship. I have direct clients, who also placed “the small stuff” with agencies and used AI, ask me to recommend another resource. I have never had similar experiences with a CA. Read what you will into that.

I don’t know if your boyfriend’s balance could grow to the amount and in the time that you state, but it is not inconceivable to me. I also suspect that the CA is doing what the creditor wants, which is producing, and that sending a letter saying that he’ll only deal with the OC or a “reasonable CA” will get him sued without further ado.

I would suggest that your boyfriend not wait until he has accumulated the minimum $500. I would suggest that he begin sending what he can as frequently as he can via money order or cashier’s check, with a form letter saying that a further payment will be made in not less than X days [the next pay period]. If you wish to litigate, send a cease and desist. I don’t doubt that AI has clients and attorneys who will accommodate with suit, but regularly lowering the balance is a disincentive.

If it is your certain intention to sue for perceived FDCPA violations, start taking steps to prepare and then do it. It won’t be the first time for AI. If you’re ambivalent or can’t find/afford counsel, focus on getting the debt cleared. Anything less is spittin’ into the wind.