collecting at home??

I would call the police the next time they come and tell them that they are tresspassing, and harrassing you. Even original creditors are only allowed to go so far and this is way over the line. Press charges if you know the individuals name. They'll get the picture.

 

Read this: http://www.pennlawyer.com/fdcpa.htm

You could own their company by the time you get done with them, this whole scenario seems to be laden with violations.

 

Sounds like it to me, too. I'm not sure I can count high enough for all those violations. And at $1000 a pop, you may end up getting the collection deleted and having a bunch of money in your pocket.

Don't worry. When you see them, call out "wait a minute, the police are on the way" (after you've called to report the trespassing, of course.)

 

Is this an OC?

If so, what are the ramifications for this in TX?

???

 

Did the loan application or the loan document say the items listed were security? Assets are listed all the time on loan applications, such as bank accounts (or cars or real estate owned) on CC or home loan applications, but that does not make them security. If an item is security or collateral, it would be specifically indicated as such, with serial number, vehicle ID, or assessor number shown, liens recorded via Motor Vehicles, or county recorder, etc.

Are they claiming they have a right to take some item you listed? That you have to give it to them because you haven't paid?

 

Acegirl - it doesn't matter what type of account this is, what they are doing is illegal - period.

They are restricted to certain collection practices and they are no where close to abiding by them.

If it were ME, I'd first research who the CEO/parent company is of this group. THEN and while proceeding, I would answer my door each and every time with a note pad. Get their name and then pull out a digital camera, snap their photo and close the door. (If you don't have a digital, just pick up one of those disposable ones)

IMMEDIATELY send to them a letter asking them to validate the debt AND ordering them to NOT contact your FAMILY, NOT contact your husband at work and to not visit your home. Tell them that the ONLY form of acceptable communication is in writing. Send it certified mail. Ask family to save any caller ids that show up on their phone from them and you do the same. Take pics of the caller id too because it'll be great in court.

Then write them about their violations and make a demand for statutory damages. Have someone here proof it to make sure you got everything. Remember EACH time is a separate violation that is why you want to let them hang themselves with the violations. DOCUMENT!!!!!

When you hit them up with the demand, they will likely ignore you. But remember at the beginning I said locate the CEO? Send it to him. If ignored OR if you don't get satisfaction, file in small claims court.

I have $400 dollar medical bill that I owe but the collector on it also has 6 violations totaling $6K.

The $$ that I'm going after in small claims will easily cover my medical bill plus the court fees and leaving me with party money!

Document their violations - dates - times - photos - notes - then send them the validation request with the cease phone and personal contact order - then send the demand (don't wait for their attempt to validate) for your statutory damages. File if necessary. Good luck.

 

You can report it to them and to the BBB and the FTC.

 

Pay attention to Butch's post. The rules for Original Creditors are not the same as those for Collection Agents! (although state laws vary) You need to check the laws regarding collections in TX to see if they are doing anything illegal.

PS I agree that they are behaving badly, and I would do everything I could including the things the other posters have suggested. But I would also want to be aware of the law so that I could catch them breaking it without a doubt!

 

You are on the correct site to begin your reading. Read the link "Texas debt collection law". You might also want to give them a ring and ask them your questions. I would say yes, someone has complained and you can also complain to the other agencies I believe Shanyl mentioned and most likely it will help. You might want to sift through Subchapter D and make a list of what pertains to your situation, if any, then you can sit down and formulate a game plan.

http://www.occc.state.tx.us/pages/consumer/education/DebtColl.htm

 

Is this a payday loan? It sounds like one of those two weeks until interest due, we take your appliance as collateral. I ask simply because I think the contract may indicate that they can take your item if you renege on the loan. Not that coming to your home is legit, but this type of loan is not the same as a traditional one.

 

Not a chance. The FTC outlawed blanket security agreements like that back in the 1970's.