harassment by collector

[mvlibra69]

undefinedWhat is the name of your state? Texas

I purchased an item and have been paying monthly until August 2004. Since August I have made advance payments before due dates and I should be paid up to January 2005. However, the collector is harassing me and my family. They call everyday, every 30 minutes. Asking who my husband is and have repeatedly told them I don't have a husband and it is none of there business, who my children are, saying I'm past due on my account. I have faxed copies of my payments to them to show that I'm not past due and my account should be up to date. I have been charged late fees when I haven't made any late payments. I have sent cease and desist letters to the company. Each time they call I have asked them to give me the supervisor or managers name and their physical address and they refuse. When I start asking them questions reqarding this they become very vulgar and rude. Numerous times I have answered the phone and they made obscene jesters over the phone and I wrote a letter reporting the incident to them asking them not to call my home or office again. It is getting so out of hand that my children are afraid to answer the phone. I'm afraid because we get these vulgar and obscene jester. What can I do to stop them from harassing me and my family? How can I get them to stop demanding money when I don't owe any late fees? Help is greatly appreciated.

 

[bigun]

What sort of company are you doing business with? Does the contract specify monthly payments?

 

[mvlibra69]

It is a computer company like Dell and Gateway. The contract states monthly payments.

 

[bigun]

Then, pay them monthly. Looks like they may have just taken the payment you intended to be used to satisfy the minimum through Jan. and applied it to reducing the priniple balance but, you're still liable for a monthly minimum.

 

[texmedic]

Tape recorder? If it is legal in your state, I would seriously consider it...send copies to anyone that will listen.

 

[djohnson]

Tape recorder? If it is legal in your state, I would seriously consider it...send copies to anyone that will listen.

This wouldn't matter if they are within their rights to collect. Some terms state that extra payments go to principle. A first party collector though, is entitled to more collection efforts. There is nothing that governs them.

 

[badapple40]

If they refuse to give you a supervisor over the phone, write to their corporate headquarters and their statutory agent. I'd look both up for you, but you didn't give me enough information to do that.

 

[djohnson]

If they refuse to give you a supervisor over the phone, write to their corporate headquarters and their statutory agent. I'd look both up for you, but you didn't give me enough information to do that.

And how is this going to help if she signed a contract that states they can do what they are doing. I think the key here is figure out why they think it is late, read your contract. Follow it. Talking to a supervisor, or even the president of the company isn't going to do a bit of good until you know where you stand.

 

[Valentine141]

harrassment by collector

If your contract states monthly payments, then you must make payments every month. Sending extra payments only go towards the principle balance, but does not excuse you from making a payment during the following month. If you have sent extra payments and have skipped some months because of it, you have violated your agreement. This is true for most industries -- including credit card, auto payments, mortgage payments, etc. As far as the collectors' behavior on the phone and the company's failure to honor the cease and desist request, you should file a complaint with the SEC and the local governing board of your state. Filing those complaints helped me to get a persistent collector to stop calling me -- and I didn't even have to change my telephone number!