Stop Bill Collectors!

I can personally account for the times when a telemarketer called me and used a fake name.  The guy could barely speak English and he told me that his name was Jeff.  Yeah, right.  Unfortunately, they have every right to do this.  Telemarketers can conceal their names or even refuse to give their identity to you in order to protect their company’s assets, namely from getting sued.
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If you have been keeping up with this blog, you have probably already read that debt collectors have a lot of federal regulations that they must adhere to.  One of them is the times in which they can call you, either at home or at work.

According to the Fair Debt Collection Practices Act, or FDCPA, a debt collector can only call you between the hours of 8AM and 9PM, your local time.

That may seem simple enough, but wait, there’s more!  Did you know that you can actually tell a debt collector when and where they can call you?  Amazing, isn’t it?

According to federal law, a debt collector may not call you at your place of employment if you tell them that they are not allowed to do so.  You can tell them at any time and they must adhere to your request.  If they don’t, you are within the full legal limits to drag their collecting butts to court!

Also, just because a debt collector can call you between a certain time period does not mean that they can call you at any time  you deem as inconvenient. All you have to do is tell a debt collector that the times they are calling you are highly inconvenient and that if they must call you, you prefer them to call within a certain block of time so that you may answer.

Here’s the best part.  Tell them that the only convenient time for you is at a time that is within the legal limits but also while you will be at work (without telling them you will be at work, of course).  You can actually manipulate the law into working for you by dictating to the creditor exactly when and where they can call you.  Good news is that it is all legal!

The term psychology has come up several times in previous posts, but in reality, psychology is what it’s all about.  You need to use your thinking power in order to fool and manipulate the collection agencies into doing exactly what you want them to do and not the other way around.  The nicest element about all of these laws is that it deals out great power with regards to the debtor.

A famous man once said “with great power comes great responsibility.”  You have the great power that has been given to you by the federal government.  Given that power, you now have a great responsibility to make the collection agencies work for you.

You’re unable to pay even the minimum balance on your bill due to unemployment, or other reason beyond your control. What’s next? A lot of people email me, asking “what happens if I simply do not pay my bill?” A few things could happen.

1. Your credit score may be severely impacted
2. You might be sued by your credit card company
3. A credit collection agency may take over your overdue balance

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Well, not exactly a body double, though that would be fun.  What we are talking about here is actually an alias.  There is nothing wrong or illegal about creating an email address under a false name or providing a phone number that does not belong to you.  Furthermore, nothing is stopping you from providing a false address either.  All in all, you can actually create a “second you” to provide to collection companies in order to fool them about your whereabouts and who you really are.

I would put money on the notion that hardly anyone calls their collection agency and updates them with their personal information.  In fact, that is quite the opposite of what basically everyone would want to do.  But what if you could do this without having to worry?

Shock your debt collector the next time they call by informing them that you have a few changes that you need to make to your personal information.  Inform them that your phone number has changed, as well as your address, email, and place of employment.

Tell them that within the next few days, the address and phone number they currently have will be occupied by a new resident and that you want to update them with your new information so that they have an easier time reaching you.  Not only will you get an audible gasp, but you will probably have one confused collector on the other end of that phone!

Confusing people, especially debt collectors, can be a tricky business.  In fact, most debt collectors are trained to spot inaccuracies in what their debtor is telling them.  So in order to combat this, you need to really be on the ball.

Mind your speaking habits and make sure to avoid verbal pauses such as “um” and “uh.”  Again, you need to be clear and concise when lying to a debt collector.  Make sure you have your false information written down in case they ask you to read it back to them.

Another way to go about this would be to inform your collection agency that your name has changed due to other legal reasons.  Not only would they have all of the false information, but they would also have a false name as well.  This is especially useful because it further complicates their databases that they have on you, making it harder to track you down once they realized their mistake.

There are too many people in debt today that have no idea what to do if a debt collector starts harassing them.  Furthermore, these same people would have no clue on how to go about reporting them to the authorities.  But, it’s not their fault.  Honestly, debt collectors can throw phrases at you that will make you think that the law is not on your side.  In reality, you have most of the weight where debt collection law is concerned.

If you suspect that a debt collector or agency is violating the law or being coercive or deceptive with you, then you need to report them to the proper authorities immediately.  In this case, you would report them to the Federal Trade Commission, for FTC for short.

The FTC operates a page on their website (www.ftc.gov) that is dedicated to reporting creditors who are harassing or deceiving you.  But, you simply cannot get off the phone with a harassing debt collector and report them.  You need to get some more information before you proceed with your claim.

Here are a few tips to help extract the necessary information out of the debt collector or agency:

1. Always have a pen and paper ready when a debt collector calls.  As the phone is ringing, jot down the date, time, and phone number on your caller ID.
2. Get the name and physical location of the debt collection agency that is calling you.
3. Get the name and/or operator ID number of the collector that is calling you.
4. Inform the debt collector that their practices are unfair and/or illegal and that you will be reporting them.

Now, you need to work this information into the conversation lightly.  If a debt collector is aware that he or she is doing something illegal and they suspect you are trying to gather information about them, they will most likely hang up or refuse to give you the information.

What you need to do is play along with them.  Gradually work the elements above into the conversation but do it passively.  Your goal is to obtain as much information as possible without the debt collector catching onto what you are doing.

You can still file a claim with the FTC if you don’t have any of the information above, however, the less information you have the longer it will take the FTC to take proper legal action.

Once you have all of your information jotted down, head to the FTC’s website and file a claim.  Usually, the FTC will give you a phone call or send you an email with the status of your complaint.  If you have not heard from them in a while, you can call their toll-free hotline at 1-877-382-4357.

Ah, nothing like the good ole’ switch-a-roo to stop bill collector calls! I mentioned in a previous article that the best way to stop creditors is to get a prepaid cell phone (read this article to find out why prepaid cell phones will stop bill collector calls dead). This method, the good ole’ switch-a-roo, will cost you only a few bucks a month (isn’t that worth it for peace and quiet?).
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As someone in debt, you have more legal rights than you could possibly imagine.  In fact, debt collectors are extremely limited in how they can contact you.  They are also greatly restricted on how they can get money out of you as well. Did you know that debt collectors can’t contact you at work, if you tell them that you aren’t allowed phone calls at work? That’s just one right you have: there are many more.
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The Cease and Desist letter, otherwise known as the C&D, is quite possibly the most powerful tool available in your arsenal of tactics against debt collectors.  It is one of the most simple ideas yet, it throws a collector in a heap of legal bondage that guarantees they will never contact you again.
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Sometimes, you just have to get a little humorous with your debt collectors. A little laughter is good for the mind, body, and soul every once in a while, especially if you’re feeling overwhelmed by phone calls. If you’ve followed my advice to send a cease and desist letter, relief from harassing debt collectors is likely a few days away. In the meantime, why not have a little fun to lighten your mood?
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The Fair Debt Collection Practices Act covers your rights as a consumer in debt.  However, this is not your only weapon in your anti bill collector arsenal. Debt collectors can only come after you for a set time period, until your debt expires.  It sounds too good to be true, but it isn’t.
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