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Debt Destroy

LAW Questions


rebelmel Rep Points: 1,650
Posted on April 6, 2009 at 11:32 am
So I think I am being harassed by a bill collector. They told me that if I didnt pay them within 3 months they would submit my file as refusal to pay and call my friends and family and work in order to track me down. He said they would call me every other day, too. I told the bill collector that I never signed up for the gas service, but I did end up using it. I told him that I had a really tough situation that I was facing (I explained it in detail - not earning enough, being a victim of a home invasion in which the robbers held me at gun point, home forclosure..) and I was originally told that I could collect financial aid. He told me that I couldn't do that anymore, and that if I do not pay him he will say that I refused payment. I tried negotiating with this company and I told them if I can get financial aide I will work out a payment plan, but I do not want to start paying and never get financial aide because I never signed up for the service to begin with. He rudely hung up on me. I want to speak with a lawyer about this matter, and see what advice can be offered to me, but I do not have the money to pay for a lawyer. What does one do in this situation?

inai Rep Points: 955
Posted on April 6, 2009 at 12:10 pm
You are in a tough situation. Since you said you did not sign any documents, on what basis did they see you are owing the company.  There must be some   documents that you have signed up to prove that  you are at default..  Let them take the legal action against you and you are at the position to negotiate with the judge on your monthly payment and show your real income and your other financial commitments.  In our country we have a department they call legal beareu , where you can seek their service at a minimal cost. I am not sure whether you have it in your country.   .

frogpatch Rep Points: 45
Posted on April 6, 2009 at 1:02 pm
I am a little confused by the international posting but I am assuming that you are in the United States. If you are you need to send the following to the debt collector. A validation demand letter under the Fair Debt Collection Practices act requiring them to prove that the debt is yours and how they determined the amount they say you owe. A cease communication letter telling them they are not to call you or anyone else regading this and you will not hesitat to file a suit under the above act if they continue. They are to communicate by US Mail only. Please read my article on hub pages www.tinyurl.com/dccalls called When the Debt Collector Calls.

bluebird Rep Points: 490
Posted on April 6, 2009 at 1:20 pm
As some suggested, I would send them by certified mail, a debt validation request. In addition to that I would send them another letter (certified mail) requesting they do not call you at your place of work/business. A refusal to pay is a common threatening tactic. They're just looking for leverage against you. If they do contact a neighbor, friend, coworker etc, I would send a cease and desist letter, specifically warning them not to continue violating the FDCPA by contacting third parties for the purpose of collecting a debt.These letters (certified mail return receipt) can be used in court as evidence of them violating statutes of the FDCPA, and as such, you may be able to sue them for $1000 per violation. Taking them to court after you establish the above paper trail, may be one way you could repay them. Why not make a few bucks in the process?You could also send them a settlement offer (certified mail return receipt) outlining a payment schedule as a way to pay them back. Going to court  would be the last resortfor them and the most expensive one..