|Posted by Percy A Lowe on May 7, 2016 at 1:10 AM||comments (19)|
It's a bad day when your car gets repo-ed. Ending your work day by discovering the repo man has come and gone is a terrible situation. We don’t always have enough money to pay our credit cards, but not making our car payment carries a whole separate set of circumstances. One being, your transportation can vanish!
When you buy a car, truck, or other vehicle on credit, you should be aware that, until you have made the last payment your creditor retains important rights in the vehicle. These rights are established by the contract you signed and by the laws of your state.
Your failure to make timely payments on the vehicle carries serious consequences. Your creditor has the right to "repossess" -- take back your car without going to court or, in many states, without warning you in advance. It's completely legal to take back a car that's behind on payments.
However, your creditor's right to repossess your car is subject to some limitations. In particular, state law places limits on how your creditor may repossess the vehicle and resell it to reduce or eliminate your debt. If any rules are violated, your creditor may lose other rights against you, or even be required to pay you damages. For further information about the rights discussed generally ask the company or person doing your credit do they know your state rights on repossess. If they pause then they don't, if they say yes tell them to show hat they are. This is a in justice to the consumer if you claim you know about credit and can't fix this problem of both involuntary repossessions or repo's.
|Posted by Percy A Lowe on September 30, 2013 at 7:00 AM||comments (0)|
Do you need to sue a debt collector? Most debt collectors abide by the law when they are trying to collect money from consumers; but there are bad apples out there willing to use illegal tactics to try to get consumers to pay up. And sometimes that means that instead of worrying about a debt collector suing you, you should sue the debt collector.
It's important if a debt collector contacts you, to know what the collector can and can't do according to the federal Fair Debt Collection Practices Act (FDCPA). If you believe that the debt collector has crossed the line and may be using illegal tactics to try to collect money from you, you may want to contact a local consumer law attorney with experience handling collection cases. After talking with you, the attorney may suggest that you sue the collector. (Your state may have its own debt collection law that is stronger and gives you more rights than the federal law. If you pursue a lawsuit, your attorney will file it using either the federal law or your state's law -- whichever is best for you.)
Here are some examples of when a debt collector has violated your rights under the FDCPA. The collector:
• Uses obscene, profane or abusive language when talking with you.
• Threatens you with violence
• Calls you repeatedly with the intent of harassing or annoying you. For example, the collector calls you over and over on a single day or multiple times during the same week.
• Threatens to ruin your credit forever, to tell your employer, your parents or someone else you know about the money you owe, or to throw you in jail.
• Threatens to garnish your wages, take your home or put liens on some of your assets without the legal authority to follow through on the threats. To do so, the debt collector must sue you and win the lawsuit first.
• Represents or implies that he is an attorney when he is not. However, some attorneys do collect debts for their clients - and if they do, they must abide by the Fair Debt Collection Practices Act.
• Misrepresents the amount of the debt that you owe or tries to collect a debt that you already wiped out through a Chapter 7 bankruptcy.
• Continues contacting you after you've informed the debt collector that you do not want to be contacted about your debt again
• Keeps contacting you at work after you've told the collector that your employer does not want him to contact you on the job.
• Calls you before 8AM or after 9PM, unless you've told the collector that it's okay to call you then.
• Does not provide you with written verification of the debt he says you owe after you've asked for that information.
If you need help with a Debt Collector please visit: coveringyouwithwealth
|Posted by Percy A Lowe on July 16, 2013 at 1:00 AM||comments (0)|
Often times in our lives we are goingto go through a down time. Just because we do that still don't mean our rights as a consumer should be violated. If you are having any of these issues please please visit the site that this blog came from and fill out an inquiry form to explain your problem.
Embarrassing calls at work
Calls to neighbors
Threats of jail and even violence.
Taking money without your permission from your bank accounts
Use of or threatening violence or criminal means to harm you;
Using obscene or profane language;
Telephoning you repeatedly or continuously with the intent to annoy or harass;
Calling without telling you who they are including lying about their name.
Lying by telling you that they are government agents, especially ICE or INS;
Lying by telling you that they will seize, garnish or sell any property or wages before they sue you, go to court and get a judgment (They can’t do any of those till they get a judgment)
Lying by telling you that you have committed a crime by not paying the debt
Lying by telling you that you will be arrested or imprisoned;
Threatening to tell false credit information to any other person;
Lying about being employed by or from a credit bureau;
Lying saying or implying that they are lawyers or that they have hired a lawyer to collect the debt;
Use of a false or made up name;
Lying about the amount of the debt;
|Posted by Percy A Lowe on March 12, 2013 at 7:00 AM||comments (0)|
Don't Speak to Them: Is the best way to keep from re-aging the debt
The best way to avoid accidentally re-aging your debt is to refuse to speak to a debt collector on the phone. Remember, they're trained to get to you to do or say something that will re-age the debt, so you should avoid this at all costs. Instead, when a collector calls about a debt that has passed the statute of limitations, simply hang up the phone without saying a word, or let your answering machine or voice mail pick up the call. Are get you a debt collectors call script from: Lowes Financial
Show up in Court
Some debt collection agencies will file lawsuits on time-barred debt in hopes that the consumer won't show up and they'll win by default - and unfortunately, that's exactly what happens many times. If you're served notice for a hearing on a debt that's past the statute of limitations, don't assume that you'll win the case even if you're not there. Some states require that the consumer show up to court and present evidence that the debt is indeed time-barred.
The statute of limitations can work in your favor if you have a time-barred debt, but it's important for you to know the rules. Learn your rights by researching the Fair Debt Collection Practices Act, and then never be a victim to a rouge debt collection agent again.
By carefully stating half-truths and lettingyour imagination run away, the agentscan bend your mind so that you preceive the reality he wants you to see. The agent conjures an ominous future that he wishes was the truth and gets you to believe that it is truth. The collector will keep you on the phone until they wear down your resistance. The longer you are on the phone, the more time they have to try their psychological weapons until they find your hot buttons.
|Posted by Percy A Lowe on March 11, 2013 at 1:00 AM||comments (0)|
Consumers have a great advantage when it comes to dealing with debt collection efforts when the debt in question has passed the statute of limitations. Unfortunately, not everyone knows about the implications of time-barred debt, and that leads many people to be frightened into paying debt when they really don't have to. Because every state's statute of limitations on debt is different, you'll have to look up the limits on your particular debt. If you find that it's time-barred, here are some tips for how you should deal with debt collectors. The agent relies upon you to collect his debt, because it is your fears, your fantasies, your misinformation and your restricted access to the truth that empowers him or her. Each of your weaknesses becomes a weapon to be used against you.
Know the Risks
Just because a debt is past the statute of limitations, that doesn't mean that debt collectors can't attempt to collect it, but it does mean that their means of doing so are drastically limited. For instance, they can't take someone to court who owes a time-barred debt - in fact, they can no longer even threaten you with the possibility. In addition, their ability to garnish your wages is gone. But the advantage can quickly be transferred to the debt collector if you make one wrong move, and those trained in the art will do everything they can to make you slip up. For instance, if you pay even a small amount on the debt, the debt collector will have the right to "re-age" the debt, and the time on the statute of limitations will start all over again. This means that even if the debt is seven years old, and the statute of limitations is five years, they can start the clock over and have the right to sue for five more years. Some states allow debt collectors the right to re-age a debt if the consumer even acknowledges that they owe it.
|Posted by Percy A Lowe on March 6, 2013 at 1:00 AM||comments (0)|
The Fair Debt Collections Practices Act, or FDCPA, was passed in 1977 to prevent creditors and collectors from harassing consumers who were in debt. This act placed many strict regulations and guidelines on collection organizations as to what they could and could not do in order to be able to collect on the debts that people owed. Since then, not much has changed, although many fly-by-night collections groups don't follow the rules as they should. Here are some tips on what can and can't be done by collection agencies:
1. Collection agents have the right to contact the debtor via phone, email, fax, in person, or through the mail. If a lawyer is present, the collector must get in contact with the lawyer and not the debtor directly. If there is no lawyer involved, third party contact is allowed, but only can be used to determine your residential address, your contact phone number as well as your place of employment. Other information cannot be sought.
2. Collection agencies can NOT contact during inconvenient times. Any debtors that receive calls prior to 8 A.M. or after 9 P.M. are being harassed unless they have given consent for the collector to call during these times. Agencies also cannot contact a place of employment if they are aware that this isn't desired by the employer.
3. Written notice must be supplied either before or after the initial contact has been made. This letter should be on company letter head. Make sure the debt collector have mini-Miranda on the correspondence letter. Failure to do so would be a violation of law and give you the right to sue.
If you don't owe, you have 30 days from the receipt of the notice to dispute the charges. If you do this, the agency is no longer allowed to contact you to attempt to collect the debt. However, if they can validate or provide evidence that the debt is, in fact, legitimate, they can continue with the collection efforts as needed.
Collection agencies can NOT:
-Use harassing or abusive measures to collect a debt
-Threaten debtors with violence, harm, or other threats
-Lie or make misleading comments about what will happen if the debt is not paid
-Pretend to be a legal representative, attorney, or other official
-Claim that you will be arrested, sued, or otherwise punished for unpaid debt as a threat
-Provide false information about your accounts, amounts owed, or information about their company or services
If you have been harassed by any collection agencies, you need to report them to the Federal Trade Commission (FTC), Better Business Bureau (BBB) in your local area or their home state, and your state Attorney General in order to have record of the harassment on file. With so many people going into debt, collection agencies are popping up all over the place. Many of them use illegal and unprofessional practices to pursue debtors simply to make a profit. Therefore, you should be cautious in speaking with these people, and seek professional advice on how to talk with a debt collector. If you don't know and fully understand all your rights please seek an expert help. You have the right to give anyone consent to talk with the debt collector on your behalf.
|Posted by Percy A Lowe on July 9, 2012 at 11:25 AM||comments (15)|
Everyone hates to get calls from debt collectors. They seem to have everything in place to call you at home, on cell phone, and place of employment. When actually you can put a stop to all of the calls and the actions they take in trying to down grade your character. Debt Collection Companies use sophisticated software to look into your life and see what you have. So, they can find away to come at you for money you might not owe and they might not be l able to legally collect in your state. Being able to collect debt in your state is another topic I will discuss later. Everyone should know their state rights just as well as the government right for Debt Collectors. If you don't know then you might want to contact me for the answers for your respected state.
But for now I am going to brerak down four things you need to stop a debt collectors. With the opportunity to win a law suite accordingly to your state laws. The amount varies based on your state I am just sharing with you based on Texas law right now. The amount can be as high as one thousand dollars and lower than a thousand dollars. The fact is it's a dividen you didn't have and earn by following some simple direction.
1) Fair Debt Collection Practice Act Protection: This protect is just like you having any type of Insurance but this is a automactic win win situation. For every violation that debt collector has done. So, that means each call to your job, home, and cell phone. The great thing about this is they call cell phone more than anything because they know you going to answer. So, make sure your cell phone has a recorder on it and right after they introduce themselves and say the call is being recored. You introduce yourself and say the call is being recorded and make sure yousay (YOU DON'T MINE MR OR MRS DEBT COLLECTOR) then ask them to repeat everythign they said because you was busy getting your recorder ready and really didn't hear anything they said: "I don't want to agree to anything I feel I don't owe so please can you repeat everything. Make sure you say your name and ID badge number clearly for me please."
2) Collection Company Call Script: This is a script on how to talk to a debt collector. It will guide you with everything you need to know. Now you might find some online but it is better you have it taylor to you personally, because you know more about your own situation .I can taylor this script to say just what it needed for you.
3) Creditors Validation Letter: This is a powerful letter that can give you all the control back from the debt collector if used right. You have to make sure you have all the information from a debt collector. Now, if you are going to ask for the info while on the phone with the collector you will not get anything. Then you just blew it for a moment until they think of another way to come at you; therefor you have to have this letter to mail to them certified with signature confirmation. This is like catching them off guard and getting them to do something they normally wouldn't do but they think they are going to collect on a debt. That is why the collection call script is so important to guide them so, you will have the opportunity to use the creditor validation letter.
4) Debt Collectors Stop Calling Letter: After steps 2 and 3 have been done. This is where you now can let the collection company know that they can not call you at your job, work, are cell phone. You now have all the control and can sit back and wait for them to call you. Now, after the creditors validation letter they normally will send you letter back stating they have stop persuing this debt; you need to keep that information for your records. If the debt collection compnay resale your illegal debt to some other debt collectors company to make money from the debt ; you will have the documentation of the letter stating they stop persuing the debt to show. Make sure this letter and the letter on step 3 always sent out certified with signature confirmation.
Now, the great thing about my client is they have the ability to use step 1 after they have completed steps 2 thru 4. They never have to go to court just wait for the thousand dollar ($1,000) law suit . But one thing everyone must know is if you attack this right and not only send these letter to the collection company. Make sure the FTC and Attorney General Office of your state gets a copy of the letter you send out as well.
|Posted by Percy A Lowe on June 14, 2012 at 12:10 PM||comments (0)|
FDCPA: With this protection you be able to file a law suite against fradulent Practices.
First, everyone must understand that collection companies needs to be license and bonded in the respected states they are collecting debt in. Are have their company registerd in the state they want to collect in. As for as Texas their are 1813 Collection companies but the questionis how many are legal. As consumers we don't know how to communicate with these companies to fight back the right way. Know that your have the power if you know are want to learn how to communicate with them. Just never turn down the call because as they tape the call you can now days tape the call as well. Learn your states rights to taping phone calls. In Texas you have to state to the other party that this call is being taped. Now, with the new cellphone make sure you have a recording device or app downloaded.
Next, is the most important thing about dealing with collections companies I list a few things below. But, please get yourself some (FDCPA PROTECTION) you can get your entire family protect for $200.00. That will cover you and the family for a one-time fee. Below is what you need to know:
1) Collection Call Script would be nice
2) Stop Calling Collection Letter
3) Know your position
4) Know your rights
5) Make wise decision
6) Take the call
7) Are you able to record the call
Are you fully Protected
9) Be ready to take notes
10) Don't be afriad to ask repeat this please
11) Be Polite: Kill the with kindness
12) Slow them down if they talk to fast
The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protections and remedies for debtors.
|Posted by Percy A Lowe on May 18, 2012 at 10:40 AM||comments (0)|
So, often we are bugged by collection companies. They start calling our homes, cell phones, and jobs. They will go as far as calling family as well. Because these companies have some great software to find you and dig into all your personal life finances. They know what to say to you and when it don't work. Then that is when it goes into scare tactic mode, threatening mode, and fear mode. They are well trained individuals at what they do on daily basis.
So, that means the comsumer needs first the education to know how to handle them. Next, the consumer needs to know there rights as well. Last, the consumer needs to know their state rights. Every state has state laws on collection companies. Most important their is a violation that mostly every collection company violates and in return you can be awarded one-thousand dollars ($1,000) per incident. So, on and adverage a collection company can call you several times a day. Are even several times a week at home, job, and the wrong hours of the day. As, consumers we need to know everything in our favor.
That is were the education comes in teaching us how to battle this little monster. Also, teaching us how to talk to them and what to ask them while one the phone. One of the best qualities now is your cellphone. Because your cellphone has the ability now days to recored every conversation. As long as you let them know that you are going to record the conversation. If you can remember when the (CC) calls you they begin to talk fast and after they get their first few words out. They say " I want to inform you that this is an attempt to collect a debt and this call is recored are monitored". Then that when you say to them back " Hello what is your name and ID numer and speak slowly because this call is being record through my cell phone and I like for you to repeat everything you said please."
Finally, their is a lot more you need to learn and be taught. So, you can win the $1,000 dollars. So, please become a member of Covering You with Wealth. Just as well as look at the calendar of events because on June 2, 2012, I will teach this entire telephone session.