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No one wants to deal with debt collectors. Even the most professional and courteous debt collector in the world is trying to get you to give them money, which is rarely much fun.
Debt collectors are governed by rules and regulations designed to keep consumers from being harassed or treated unfairly by those attempting to collect debts. Unfortunately, while most collectors follow these rules there are many who do not.
According to the Federal Trade Commission, the debt collection industry generates more formal complaints to the FTC each year than any other industry. Those complaints include reports of harassment, verbal threats, demands for larger payments than allowed by law, refusal to verify disputed debts and more.
Now the federal government is becoming more directly involved in resolving complaints and reducing incidents of rule-breaking and that should be a very good thing for consumers.
You can now submit your complaints about any type of consumer debt collection – credit cards, medical bills, student loans, etc. – to the Consumer Financial Protection Bureau (CFPB). The CFPB will forward your complaint to the offending collection agency, which will then have 15 days to respond with the steps they have taken or plan to take to address the complaint. The CFPB estimates that most complaints will be addressed, rectified and closed within 60 days.
The CFPB also released a bulletin outlining a few debt collection practices that may be considered illegal and should be reported if experienced by consumers. Those practices include
In addition to expediting the resolution to collection complaints, the CFPB has also created a series of “action letters” that consumers can use when corresponding with collection agencies.
The letters are designed to help consumers ask the right questions and properly exercise their existing rights regarding collection practices. There are five letters for use in the following scenarios:
Always remember that if the debt is legitimate the appropriate agency does have the right to try to collect, provided they follow the proper rules and guidelines.
Need more information on debt collection?
this has happened twice, a debt collector calls my office, hangs up when somone answers and a few hours later i get an alert that a new item has been added to my credit report. these were items whose statute of limitations had already expired
Is there a limit on time in which debt can be collected? A decade ago I got into debt,and worked with MMI to resolve all outstanding debt. Now, years later a debt collector is telling me I owe on credit card debt. I had no conact with either a debt collector or the original bank for many years. It seems to me this is a little late to be contacting me.
Does a collection agency add service charge on the amount owed to the invoice? I had a small hospital bill unpaid while I was on an overseas business trip. The collection agency keeps adding service charge on the monthly billing to me.
Hi Gwen! That's a great question. It actually depends on the way the collection agency acquired your debt, as to whether it's legal for them to charge you fees on top of the original amount owed. For example, a collection agency who is assigned the debt (a.k.a. hired to collect it) cannot add interest or fees because they don't own the debt. On the other hand, a firm who buys the debt IS allowed to add interest/fees. Don't be afraid to question them on it!
Can a hospital or doctors office send your balance to collections or take you to court as long as you are making monthly payments if they say the payment amount does not meet their requirements? in other words i.e. they may say you have to pay $40 a month but you can onl afford $20. You are making regular payments just not their amount.
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