What is the name of your state?This board has been a great source of information for me. I thought I would share how I was able to keep from being hounded by creditors.
By doing a few simple things I was able to almost eliminate creditor and collection agency phone calls.
When I realized that I was in financial trouble I had an additional phone line installed in my home. My original phone number was unlisted. My new phone number I wanted listed because I wanted creditors to be able to find that number. I only used the new phone line for internet access, I never even had a phone hooked up on that line.
I also opened up a post office box in a neighboring town. This post office box has only been used for creditors.
I sent letters to all of my creditors that gave them my new phone number and address.
Please keep in mind that I did all of this about 2 months before I quit paying on the credit cards. I made sure that every bill was coming to the new address before I quit paying.
I received very few creditor phone calls at my unlisted number. I used caller ID to screen my calls. All of the bills and letters from my creditors were sent to the post office box.
About six months after I stopped paying on the credit cards the accounts were charged off and collection companies began contacting me. As soon as they sent me their collection letter I sent each of them the following letter certified mail with return receipt requested:
-----------------------------------------------
My name and address
Their name and addressd
Date:
CRRR #
Re: Acct #
To Whom It May Concern:
Please be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all phone calls to me, my relatives, my employer, my friends, and my neighbors.
If you need to contact me, I am hereby requesting that you do so only through the mail at:
(my post office box address).
This letter is being sent to you in response to your attached letter.
This is not a refusal to pay, but a notice that your claim is disputed.
Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.
Your legal staff will agree that compliance with this request is required under the laws of (my state) and Federal Statutes.
In addition to the questionnaire below, please attach copies of:
Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.
Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
I require compliance with the terms and conditions of this letter within 30 days or a complete withdrawal, in writing, of any claim.
In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .
I also hereby reserve my right to take private civil action against you to recover damages.
Sincerely,
my name
.................................................................
Debt Validation Form
Questionnaire to be returned :
Account #: ____________________
Original Creditor's Name:______________________________
Name of Debtor:___________________________
Address of Debtor:________________________
Balance of Account:____________________________
Date you acquired this debt:_____________________________
This Debt was: assigned ___purchased___
Please indicated any credit bureaus to which
you have reported on this account:
Experian ______
Equifax ______
TransUnion _____
-----------------------------------------------------
After sending the above letter I only had one collection agency still try to call me. I immediately sent them a second letter telling them they were breaking the law with copies of the first letter (including a copy of the return receipt).
Only two collection agencies bothered validating the debt. Most of them just turned over the account to another collection agency.
About ten months after I quit paying I was sued by one of the collection agencies (this collection agency is located in my state). I answered their complaint to avoid a default judgment. I was then notified about a court date. The court date was scheduled for about three months after I was notified of the date. This allowed plenty of time for me to file bankruptcy.
I filed bankruptcy a little over one year after I quit paying on the bills. I was able to use the above strategy to avoid creditor harrassment.
By doing a few simple things I was able to almost eliminate creditor and collection agency phone calls.
When I realized that I was in financial trouble I had an additional phone line installed in my home. My original phone number was unlisted. My new phone number I wanted listed because I wanted creditors to be able to find that number. I only used the new phone line for internet access, I never even had a phone hooked up on that line.
I also opened up a post office box in a neighboring town. This post office box has only been used for creditors.
I sent letters to all of my creditors that gave them my new phone number and address.
Please keep in mind that I did all of this about 2 months before I quit paying on the credit cards. I made sure that every bill was coming to the new address before I quit paying.
I received very few creditor phone calls at my unlisted number. I used caller ID to screen my calls. All of the bills and letters from my creditors were sent to the post office box.
About six months after I stopped paying on the credit cards the accounts were charged off and collection companies began contacting me. As soon as they sent me their collection letter I sent each of them the following letter certified mail with return receipt requested:
-----------------------------------------------
My name and address
Their name and addressd
Date:
CRRR #
Re: Acct #
To Whom It May Concern:
Please be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all phone calls to me, my relatives, my employer, my friends, and my neighbors.
If you need to contact me, I am hereby requesting that you do so only through the mail at:
(my post office box address).
This letter is being sent to you in response to your attached letter.
This is not a refusal to pay, but a notice that your claim is disputed.
Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.
Your legal staff will agree that compliance with this request is required under the laws of (my state) and Federal Statutes.
In addition to the questionnaire below, please attach copies of:
Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.
Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
I require compliance with the terms and conditions of this letter within 30 days or a complete withdrawal, in writing, of any claim.
In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .
I also hereby reserve my right to take private civil action against you to recover damages.
Sincerely,
my name
.................................................................
Debt Validation Form
Questionnaire to be returned :
Account #: ____________________
Original Creditor's Name:______________________________
Name of Debtor:___________________________
Address of Debtor:________________________
Balance of Account:____________________________
Date you acquired this debt:_____________________________
This Debt was: assigned ___purchased___
Please indicated any credit bureaus to which
you have reported on this account:
Experian ______
Equifax ______
TransUnion _____
-----------------------------------------------------
After sending the above letter I only had one collection agency still try to call me. I immediately sent them a second letter telling them they were breaking the law with copies of the first letter (including a copy of the return receipt).
Only two collection agencies bothered validating the debt. Most of them just turned over the account to another collection agency.
About ten months after I quit paying I was sued by one of the collection agencies (this collection agency is located in my state). I answered their complaint to avoid a default judgment. I was then notified about a court date. The court date was scheduled for about three months after I was notified of the date. This allowed plenty of time for me to file bankruptcy.
I filed bankruptcy a little over one year after I quit paying on the bills. I was able to use the above strategy to avoid creditor harrassment.