Posts Tagged credit card debt collection

Beat Credit Card Debt By Losing The Guilt Associated With It

Every day more consumers fall behind on their credit card debt payments and leave themselves open to being threatened by credit card debt collectors. Some people simply cannot afford to pay their growing minimum-monthly credit-card debt payment(s), as a result they begin to feel hopeless and guilty.

Some who go through this, however, realize that they do not need to feel guilty and submit to debt collectors.

They understand they can use a proven legal strategy to make the debt collector prove the debt is owed. Denying and disputing an unsecured credit debt with a debt collector, not the original creditor, works, according to Credit Card Debt Survival Guide. This strategy forces the other side to prove their case.

Credit card debt collectors must, according to the Fair Debt Collection Practices Act:

1] Unless the consumer disputes the validity of the debt, the debt will be assumed to be valid by the debt collector and

2) Says that the consumer must dispute the debt, in writing, within thirty days of dispute.

The Fair Debt Collection Practices Act also allows consumers to write to the credit card debt collector stating that they refuse to pay the debt, or that they would like the debt collector to stop all communication regarding the debt.

If a consumer follows this advice and refuses to admit to the credit card debt, by disputing it and denying it, and then writes to the credit card debt collector asking them to cease communications regarding the debt, that may cause the debt collector to decide to collect from other easier-to-deal-with consumers. For them to proceed with the task of recovering this debt, they will need to prove the debt exists by getting copies of original documents from the credit card company and sending them on to the consumer.

With an unsecured, unsigned credit card debt, a debt collector has to get the consumer to admit to owing the debt. Effectively they need an admission of “guilt”. The initial exchanges between consumer and the credit card debt collector set the tone of all communications between them. If a consumer denies and disputes the alleged debt, and also forbids further communications, often the collector will look for an easier target.

Matt Highlander researched and wrote the Credit Card Debt Survival Guide for consumers seeking to educate themselves about credit card debt relief.

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A Phone Call from a Credit Card Debt Collector? . . . You Do Not Need to Take It.

Telephone calls have no legal weight since there is no record of what was said on a call. Knowing this, credit card debt collectors will say threatening things on the phone and get away with telling their lies. That is why consumer debt collectors choose to use the phone over mail. Debt collectors lose their power when communications are reduced to writing.

What matters in court are the written communications, or the lack of them, between a consumer and a credit card debt collector. Mail sent certified return receipt requested further helps the consumer put the debt collector on the defensive.

There is a saying in online consumer forums, 100 percent of debt collectors tell lies 100 percent of the time. Here are some examples of those lies.

1. They claim you are the target of a lawsuit in your local court and that you’ll get your summons any day.

2. They threaten to have you arrested. (Debts are civil, not criminal.)

3. Debt collectors will threaten to have you arrested. No one can be arrested for a civil matter.

4. They will tell you may have your wages reduced to pay your debt, and you will get a negative listing on your credit report.

5. They might even threaten you with having your bank account seized.

Each of these lies is a violation of the Fair Debt Collection Practices Act.

Credit card debt collectors use the phone attempting to get personal details such as your bank account number, Social Security number, and work number, as well as getting you to confirm your credit card number and admit to the debt in question. The Credit Card Debt Survival Guide advises that you should never share any personal information with people on the telephone, as they could be anyone, and that you should always dispute and deny the debt to which they are referring and hang up the phone.

Curiosity should be the only reason for taking one of these calls. If a credit card debt collector calls out of the cold, let them tell you what debt they are calling about, then tell them you have received no written notice from them about the debt and hang up.

The Fair Debt Collection Practices Act allows the consumer to instruct the debt collector in writing to stop all collection calls. After that each call is a violation of the law, and subject to a $1000 penalty. Consumers should keep logs of the phone calls and contact a consumer rights attorney, who may agree to sue the credit card debt collector over these violations on a contingency fee basis.

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