Your Money with Dr Boyce: Dealing with Nasty Bill Collectors


One of the groups that was not bailed out during the recent financial crisis has been the American consumer.Congress took care of the firms on Wall Street, but they didn't take care of the millions of Americans forced to confront the realities of bankruptcy, foreclosure and uncomfortable confrontations with menacing bill collectors. It appears, sadly, that every man and woman must find their own way through this financial tragedy.

Bill Collectors really want their money, like the rest of us. Some of them seem to feel that it's O.K. to resort to flat out thuggish intimidation to get their money back. That might work on The Sopranos, but it shouldn't work in real life.

Part of the reason abusive bill collectors can have their way with the public is because many citizens do not know their rights. Bill collectors prey on the uninformed in a terrible way: They may threaten to have you arrested, harass your relatives, call all hours of the night, and engage in other types of atrocious behavior to get their money out of your hide.

One woman successfully sued a rogue bill collector after he called her repeatedly with threatening language. The woman, a senior citizen, was told by the man to "Stop with the sob stories and pay your god d*mn bill!"This kind of behavior is not acceptable, and bill collector harassment doesn't have to keep you up at night.

The Federal Trade Commission states that complaints against bill collectors are rising, reaching the highest level they've seen in the past 3 years. Most of the complaints focus on vulgar language, trying to collect more than the amount of the true debt, and extra fees, such as court costs.


Debt Collection Horror Stories

    Calling a Seven-Year-Old
    AOL User SOCCERUTD Says:
    "We had an unpaid bill because of a dispute in our retail business. Our sales rep doubled our order and then went on maternity leave, and [the company] said the only person who could fix it was her! A bill collector from Texas called over and over and I attempted to explain (the situation) to him ... The day before Thanksgiving he called and my daughter answered the phone -- she was 7 years old at the time. He said to her, 'Because of your daddy you are not going to be able to live in your house anymore and won't be able to have Thanksgiving there with your family, it is your Daddy's fault!'"

    Getty Images

    Calling the In-Laws
    AOL User Poolchick7 Says:
    "These people are the worst. When they couldn't reach us about a car payment that was 10 days past due, they called our daughter's in-laws and left a message with them to have us call them back about a personal matter. We are talking about calling people whom I only see twice a year, and they somehow made a connection between my daughter, her in-laws and us. I can't think this is even legal!"

    JupiterImages

    Two Calls a Day
    AOL User SBPFORD Says:
    "I have been receiving calls twice a day from a collection agency. I ask them to send me a statement or something to file on insurance (medical claim), (and) they refuse. This bill is three years old and, they said, never filed on insurance. They call every morning around 9:30 and every evening about 8:30, seven days a week."

    JupiterImages

    Spiral Effect
    AOL User RBettes941 Says:
    "Do the credit companies and retailers realize they have created a spiraling effect on peoples credit? I have always had a score in excess of 750, and always paid my bills on time. Recently, due to my wife working on graduate school ... our debt to credit lines increased. We were at about 45 after (her) completion of school, then American Express dissolved our $25,000 credit line, which we owed nothing on. This moved our percentage of credit to debt to about 60, and lowered our scores to less than 700. This caused other creditors to follow suit by lowering our credit lines, which then lowered our score again."

    JupiterImages

    Fake Debt Collectors
    AOL User A114Sieb011 Says:
    "I make six figures a year, my wife makes six figures a year, we owe no one a penny, yet I get daily calls from Palisades Collection saying to call them on a bad debt. I had, and the first thing on the recording is, 'Enter your social security number.' Yeah, right. I checked my credit report and there is no unusual activity. Palisades, quit calling you stalker."

    Getty Images

    No Way to Stop Them
    AOL User ICANGELS Says:
    "This company still calls my husband's work after receiving three written notices not to. Their representative also called our neighbors in her goal to embarrass us! They were calling my home up to eight times a day and hanging up on me, after I told them my husband wouldn't be home before 6:00 p.m. The problem? There's no way to stop them. They feel they are above the law and know there aren't any attorneys who will waste their time suing them."

    Forgetting Their Promise
    AOL User Gloqui5 Says:
    "I got a phone call today from a credit card I couldn't pay 15 year ago. Back then I let them know that I just could not pay my balance of $300. They informed me that they would have to do a charge off, and it would show on my credit. They did, and it showed for seven years. Now 15 years later, they start calling and they want $600 or it will back on my credit. Can they do that?"

    Fake Lawsuit
    AOL User Mnmkid221 Says:
    "A collection company used city official names and paperwork to look as if I was being taken to court. However, when I called, the court knew nothing of the paperwork or of any lawsuit against me. It seems that the collection agency wanted me to panic at the sight of the papers and call the phone number provided on the 'official-looking papers.' Then they could terrify me and demand payment."

    Getty Images

    Police Assistance
    AOL User Deeannafrancis Says:
    "I get a call that I am 49 days late with my payment, and it is now in collections. I told her I overlooked the December 15th bill, but I will pay it online right now. She loses it with me and screams at me that I can only pay her. I hang up, go online and make the $35.00 pmt. My phone rings again, I explain that I paid it online. After that, they put me on auto call for every 15 minutes for two days! The last phone call I got from them, I nicely asked her to hold, and I called the local police station. When I got back on the line with them, (I asked for) her name so that I could file a harrassment charge. She hung up and no one else called me."

    Corbis

    Hospital Scam
    AOL User KMKiaski Says:
    "Even though I had insurance, and it paid between $8,000 and $9,000 for a one night stay, I got bills for an additional $2,700 from the hospital much later. They said if I didn't pay it they would send it to collection, so I did. I later found out they regularly did this, charging more than the charge accepted by insurance and then frightening patients into paying that extra charge -- hey free money for them! A person I work with said the same hospital came up with several old charges years later."

    Getty Images


You have rights that can protect you from bad and malicious bill collectors. You want to keep these in mind as you work yourself out of debt:

1) There is something called "The Fair Debt Collection Practices Act". If you are not familiar with this document, get familiar with it. You can read it by clicking here.

2) A bill collector cannot contact you at work if your employer does not approve of the contact. Let the bill collector know that this is the case and they must legally stop contacting you at your job.

3) Bill collectors cannot call you before 8 am or after 9 pm. The only exception is if you give them permission to do so.

4) A bill collector can only contact your friends and family if they are trying to find a way to get in touch with you. However, some of them may do this in order to harass or embarrass you. If that is the case, you may want to tell your friends to tell the bill collector, "She does not live here and I do not know how to get in touch with her. Please don't call here anymore." Then, get the bill collector's information from your friend and reach out to them when you can.

5) You can get bill collectors to stop contacting you altogether by sending them a letter telling them to stop. You still must pay the debt, but they won't be calling you during dinner.

6) The bill collector cannot curse at you or use foul language and they must tell the truth about how much you owe. They cannot threaten to sue unless they are serious about it, and they can't touch your 401k or IRA.

7) If the bill collectors call you, you can demand that they send you a written notice of the amount you owe and who you owe the money to. If you do not believe that the debt is yours, you can write a letter to them stating that this is not your debt. They must then send you proof that the debt is actually yours.

If you feel that a debt collector has violated any of these rules, you can contact the Federal Trade Commission at www.ftc.gov. Remember that you are not powerless in this situation.

Dr. Boyce Watkins is a Finance Professor at Syracuse University and founder of YourBlackWorld.com. He makes regular appearances in national media, including CNN, BET and The Wendy Williams Experience. He is also the author of 'Financial Lovemaking 101: Merging Assets with Your Partner in ways that Feel Good.' For more information, please visit www.BoyceWatkins.com.


Gotcha Moments of Retail Shame

    A regulatory organization for the advertising industry demanded that Wrigley change its misleading packaging and advertising for Eclipse gum. The ads for Eclipse say that the gum's natural ingredient - magnolia bark extract - kills germs that cause bad breath. This has not been proven and the National Advertising Division Council of Better Business Bureaus asks that Wrigley clarify this in its ads. For more on advertisers caught misleading consumers, click through our gallery of Gotcha Moments of Retail Shame.

    Store:Chase Bank

    Accusation: In late March, the bank rescinded a $10 monthly fee it had imposed for several months on hundreds of thousands of credit card accounts, after New York's attorney general decried the practice as a bait-and-switch for customers seeking low interest rates.

    Results:The settlement could save customers $22 million over the next year.

    Amy Sancetta, AP

    Store: Burlington Coat Factory

    Accusation: In March, a Connecticut TV station found inexpensive coats being sold as Perry Ellis and Joseph Abboud designs. The new labels had been pasted over the original label of the cheaper garments.

    Result: Burlington blamed a vendor, which blamed a lone employee. The coats were pulled and refunds offered.

    Burlington (Part 2)
    Accusation: Selling coats made with dog fur. Burlington's coats came from China in 1998 and were labelled as "coyote fur." In 2006, Macy's was found to be selling Sean John jackets called "raccoon fur" but actually trimmed with "raccoon dog," which is indigenous to Asia. The Humane Society also found that items from Tommy Hilfiger, Andrew Marc, and Nordstrom.com were labeled as "faux fur" but actually came from dogs.
    Result: Pulled the coats immediately, issued refunds, tried to track down who was tricking them.

    Jeff Zelevansky, Bloomberg News / Landov

    Store: Petland

    Accusation: Does Petland use puppy mills? The Humane Society has filed suit in U.S. District Court against Petland, accusing the pet store chain of selling puppies raised in puppy mills that forced animals to live stacked in "filthy, barren cages reeking of urine, with inadequate care and socialization" and that they are raised "like a cash crop" and sold at stores for as much as $3,500.

    Result: The plaintiffs want Petland to change how the puppies are bred and to pay back customers for the veterinary bills. In November, Petland said that stores are individually responsible for choosing healthy pets for sale.

    Petland

    Store: Circuit City and Linens n' Things

    Accusation:
    Fake discounts. When major retailers go out of business, they hire liquidators to clear their inventory. Liquidators hike the prices before discounting things, making deals looks better than they are. Circuit City's and Linens n' Things "going out of business" prices were often higher than the ones the stores charged before.

    Result: Nothing. They're in bankruptcy, the liquidator can set prices wherever it wants, and so it's your problem.

    AP

    Store: Best Buy

    Accusation: Misinformation. Customers complained they were tricked into believing that an item was no longer on sale after store associates directed them to an in-store computer running the Best Buy website listing a higher price than was expected. What customers didn't know was the website wasn't public, but a store-only version that looked identical to the one you'd pull up at home -- except with higher prices.

    Result: After the Connecticut Attorney General sued it and customers sounded off online, Best Buy slapped a disclaimer on the in-store site.

    Gary Malerba, AP

    Store: Office Depot

    Accusation: Lying to money-saving customers. This month, customers who didn't splurge on high-yield add-on products such as a warranty complained that they were told the laptops they wanted to buy weren't in stock, even if they actually were. In-store sales quotas were blamed.

    Result: Office Depot said it was "reviewing the situation."

    Douglas C. Pizac, AP

    Store: Dollar Tree, Greenbacks, 99 Cent Plus, Dollar Power, Dollar Super Store, 99 Cent Dreams

    Accusation: In 2004, countless dollar stores were revealed to be selling Crest and Colgate toothpaste that appeared to be a standard U.S. product, but actually reportedly contained ten times the fluoride of drugstore toothpaste, making it poisonous if swallowed. It was reportedly made in Africa, where water supplies are not already fluoridated. In 2007, poisonous counterfeit Colgate from China was discovered at dollar stores in the Northeast.

    Result: After F.D.A. recalls, the clone toothpastes were removed from shelves.

    Michelle Patterson, Lexington Herald-Leader/ MCT

    Store: Kmart, Ashley, and World Market

    Accusation: Deceptive furniture labeling. In an on-camera investigation, Good Morning America busted Kmart for selling a Martha Stewart "dark cherry accent" table. A power sander revealed it was mostly fiberboard, which the attached descriptions didn't disclose. The morning show also exposed Ashley for selling a "horizon maple nightstand" that didn't contain any wood, and World Market for selling fake leather chairs.

    Result: Kmart said full product descriptions were available online, Ashley defended its wording as a description of color only, and World Market acknowledged that a quarter of its supposedly leather chairs were actually synthetic, and it pulled them from sale.

    AFP/Getty Images

    Store: Wal-Mart

    Accusation: Overcharging California customers by marking items at one price, but scanning them at a higher price at the register.

    Result: After the California Attorney General's office filed suit, Wal-Mart settled, agreeing to give customers $3 back every time it happened, unless the item cost less than that, in which case it would be free.

    Lisa Poole, AP

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