Debt collectors are getting desperate and dirty

NEW YORK (CNNMoney.com) -- Debt collectors are getting desperate and dirty.

Harassing phone calls, abusive language and physical violence are becoming a bigger part of business as debt collectors struggle to round up money from people who don't have it.

"The American consumer is really hurting and collectors are having to fight harder to get money," said Robert Andrews, a senior analyst specializing in the debt industry at research firm IBISWorld.

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The No. 1 complaint is repeated calls, and it is not uncommon for collectors to bombard consumers with back-to-back calls for days, weeks, months and even years.

When debt collectors finally get someone on the other end of the phone, they are more likely to use nastier language. Complaints of debt collectors using obscene or abusive language spiked 35% last year.

A 55-year old New York woman, who asked to remain anonymous, said a collection agent called her home repeatedly, personally attacking her and her husband. When she refused to answer the phone, the collector called her estranged sister, an ex-boyfriend and her husband's ex-wife's mother.

"This guy was out of his mind and he kept calling and calling, telling me 'you better talk to me, you deadbeat,'" she said. "He was very threatening and the whole thing was just really unsettling -- it made you wonder who was going to show up at your door."

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http://money.cnn.com/2010/07/09/news/economy/debt_collection_harassment/index.htm?hpt=T2

Nobody cared because, as with student loans, credit cards, bank fees...

the answer from the upper 40% was always be responsible or get a better job.

And once again, now that it's happening to them, it's a "desperate and dirty" problem.

The really sleazy debt collectors are the ones not covered by FDCPA. Why inhouse collections are exempt from it is beyond me.

My son has them on his ass, he had a debt that he paid,a payday loan that went to court. To make a long story short he won that case and even got $1500 out of them.

Sooo..they sold the debt to “portfolio recovery”, which is listed on the stock exchange and the calls come like clock work, twice a day.

prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

Know your rights, outlined here:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

If your rights have been violated:
The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. Watch a new video, How to File a Complaint, at ftc.gov/video to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

It doesn't take a lot to turn the tables on them. Most of the time they will lead off with the crap about recording for training purposes B.S. Lately I've just started by saying "I do not authorize you to record me". Of course they have no way of turning it off so they really don't know what to do at that point - I guess they don't cover that issue in harassment training.

Remember to keep repeating

"are you still recording me?"

Well um. . .

"you know you are in violation of federal law? I demand that you comply with the law and stop recording"

Have as much fun with it as you want, but when you get bored tell them that they are now formally notified that they are never to call you with a recording device again. Sometimes works.

Also, don't forget to demand the name of the company and their mailing address - they must give this to you as required by law. Ask them to wait a sec while you get a pen and paper. Set the phone down for a few minutes. If they are still there when you come back ask again for the name and address. "Oh darn! This pen doesn't write. Please hold on again while I find one that works. . ." Have fun with it. You may need to get a little forceful yourself but don't loose your cool - just remain firm.

Had one that tried to ramble off the address very fast and continue. Had to ask if he is intentionally trying to violate Federal law. Ha Ha Ha. That was a fun one.

Also, if you are inclined demand to speak to a supervisor. Then start all over again. You can really waste a lot of their time if you put yourself into it.

http://demopedia.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7921993

They have been calling for THREE months,

Sucks. You may want to start messing with them. Tell them you are an unemployed phlebotomist and would like to set up a payment plan by sending in pints of your blood each month.

I actually handed over the phone to the producer of a late-night talk show, but unfortunately they determined California law made it impossible to do much since they couldn't record without consent. They were going to try to get the voice of Jasper in and everything.

Their now calling looking for a ridiculous name my girlfriend made up "Krista Panannapolis" not as fun as when their demanding a cartoon characters. Now we just say Krista can't come to the phone because she is busy engaging in some act of sodomy or bestiality.

that caused the locking of that thread?

I missed it.

the part about the "guido" thing...

I'm bookmarking this thread for that post. I was grinning by the end.

Well-played, sir. Very well-played.

:D

We've had this number for 4 and a half years now, and we started getting calls again about a month ago. It's a robo call which instructs to call back or dial 1 to talk to a representative. Lately, I've been hitting "1" and placing the phone down on the counter until I hear the alarm indicating the phone is off the hook. This week I turned the speaker phone on to hear what the collector had to say. Man, they are intimidating, they start with, "So Kimberly, you have the nerve to answer the phone, but you're too much of a coward to actually talk.." It went on like that, with never a word from me, for a few minutes before they gave up. It would take them a nanosecond to discover that "Kimberly" hasn't been assigned this number for years, so my mission is to waste as much of their time (money) now as I can, with minimal effort on my part.

and insist that the acknowledge that it is. "Do you understand that this number is for business purposes and I demand that you cease calling it?" They will not answer but instead ask for another number you can be reached at. Don't be deflected, stay on point and keep repeating "Do you understand that this number is for business purposes and I demand that you cease calling it?" Eventually they will slip up and acknowledge it. Then say "Thank you, have a nice day." and hang up.

They if they leave a message, don't even listen to it. Delete it. You can't be harrassed if you don't talk or listen to them. They're bottom feeders, who've found an outlet for their aggression. Don't give it to them. Let them waste their time and energy calling you, but you don't have to waste yours on them.

He now makes his living suing them for harassment. Anyone remember it?

Ah yes, here's the link.

http://www.dallasobserver.com/2010-01-21/news/better-off-deadbeat-craig-cunningham-has-a-simple-solution-for-getting-bill-collectors-off-his-back-he-sues-them/1
and here's another story

Texas Man Wins $1.5 Million from Debt Collector That Used Obscenities and Racial Slurs
June 15, 2010

Posted In: Fair Debt Collection Practices Act
By Howard | Nassiri, PC on June 15, 2010 9:03 AM | Permalink

Our Corona debt collection harassment lawyers wrote recently about a New Mexico man who is suing a debt collector for alleged threats to blow up his house. On the heels of that story came a June 1 article from ABC News about another egregious violation of the law and basic decency by a debt collector. Allen Jones of Lewisville, Texas sued Advanced Call Center Technologies for making multiple collections calls to him that used profanity, at least one racial slur and racially charged language. The debt in question was under $200, Jones said. After a trial in state court, a jury found that ACT had violated a state fair debt collections law and awarded Jones $1.5 million in damages. A lawyer for ACT said this was not the standard practice and that the two employees involved no longer work at the company.
http://www.californiabankruptcyattorneyblog.com/2010/06/texas-man-wins-15-million-from-debt-collector-that-used-obscenities-and-racial-slurs.html


IMO, the best way to hurt greedy right winged bastards, is to kick them in their wallets.

Call it the three strikes rule, if you will. After the first and second offenses (with corresponding lawsuits), they're on notice that any further violations of applicable law will result in their business license and corporate charter being torn up, followed by the business assets being confiscated and sold to the highest bidder to cover enforcement costs. Charges would then be filed against those who own and operate the business, as well as the callers, if these practices continue. A year in prison should be sufficient.

If we can do worse (property seizure and sale) to alleged drug offenders without a trial, we should have no problems using it against agencies that make people's lives miserable (who often don't actually owe a debt). Break them and instill fear, and this shit will never come back.

For a small percentage of the debt avoided I'll call your debt collection company thousands of times a day. I'll swear at them, be verbally abusive, show up at their head quarters and make vague threats against them, and file frivolous lawsuits. I'll find out where the workers live and call their personal numbers, show up at their houses at night, and harass their families. I'll set an auto dialer to keep their phone lines busy so they can't send out calls.

I've posted this before but it bears repeating on this thread. My wife divorced her first husband in 1980. They had a townhouse together, which she lived in for 1 year. They got a quickie, 2 page divorce, which essentially said "whatever you have is yours and what you don't have isn't". The ex had the townhouse. She signed a quit claim on it, and went on with life. The ex let the house go into foreclosure in 1988, was sued for the difference in 1992. We knew none of this. The company won a judgment against him and renewed the claim in 2002. Fast forward to this past May, and they decided since my wife was on the original mortgage (apparently the ex never took her off), she was fair game. The put a lien on our bank account to the tune of $56k, took what was in there (about 12k, which was tuition for our daughter's college and savings for our property taxes, plus regular checking). Since the ex has nothing in his name, he wasn't collectible, so they went after my wife. We hired an attorney, who couldn't believe this was happening. He contacted the attorney for the collector (Dyke O'Neal), and that attorney was flabbergasted at the situation, but could do nothing because his client wants to collect. They asked us to provide info on the ex that might help them collect, and then they'd take us off the judgment (without giving us back our money, of course). We did that, but we just heard from them and they said it wasn't enough info, but for a couple of thousand dollars more they'll take us off the judgment. We have no choice but to pay, and pursue the ex in family court. We did nothing wrong, this was not our debt, but they took our money anyway. Moral: make sure the divorce decree is iron clad, and make sure the ex follows through with what they're supposed to, because even THIRTY FUCKING YEARS LATER, it can bite you.
My real question is, given the above, what kind of nasty person at the collection agency would hear that story and say "Squeeze 'em for a few grand more"? I wish I believed in karma or hell...

Hire me to hassle the debt collectors. I'll go to the absolute limits of legality to screw them harder than they screwed you.

30 years and still on the hook for something like that..

I had a similar situation with a break-up - but I was the one who kept the house. Our 'separation agreement' (which was a page and a half quasi-legal document with the same type of message as the one in your ex's divorce - what's mine is mine and what's yours is yours)) also included a reference to my responsibility to refinance the mortgage in a reasonable time frame to get my ex's name off of it. You generally can't just get a name removed from it without a total refi. And if someone's name is still on the paperwork, then they are still partly responsible for it. A quit-claim is just for the deed to the property.

Don't agree with some of it, but the legal processes need to be followed.

These people don't have the right to harass you. Get a cheap recorder
that you can attach to your phone and record the calls and the nastiness.

Then, let them know that you have recorded them and that they are being
recorded--and tell them that you will sue them for intentional infliction
of distress and harassment.

Just because you owe someone money, does not give them the right to
treat you however they want.

Please check the laws in your own state regarding the recording of phone conversations:
http://www.rcfp.org/taping/states.html

I used to ask them the most disgusting bodily function and sexually detailed questions

I could imagine....Which, as you might surmise was really breathtaking.

I never found one I couldn't get to slam the phone down.

collector (the same one) callback twice.

and am waiting for the opportunity to use it.

Back in 2005 I was being harassed by a Zombie Debt collector...the lowest of the low...

They buy old/outdated debts for pennies on the dollar and then try to collect. OK I had severe financial problems back 20+ years ago, tried to clear them up, and mostly succeeded, except for one debt which was essentially written off by the company as a bad debt they never expected to collect. It was sold to one of those Zombie places who called in 2005 and started making my life miserable attempting to collect $5000 on a bill that:

1. Was originally less than half that amount ($1500 I think) and
2. Did not legally belong to them and
3. Was 20 years old

I contacted the Attorneys General of the two states involved and they took care of the matter. Never heard from them again, but have no assurance they won't sell it to someone else.

So I, and my whistle, wait.....

:evilgrin: