Just got a call from Williams and Funge trying to collect on a student loan that was supposed to be in forbearance. When I called the school, they basically told me; "too bad" So, now I have to deal with Williams and Fudge. Anyone have experience with them? The collector keeps calling me even though I told him not to. Where do I go from here? I told him any communication will will have will be in writing. This is a brand new collection account for around 8k. Any tips on what my next step should be?
Communication in connection with debt collection [15 USC 1692c] (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location; You'll need to put it in writing though (that it is inconvenient for you to receive phone calls). If it's not, they'll claim you never told them. Stop answering the phone. I don't know much about student loans...it being in forbearance, it's not in writing or a contract/form you had to sign with school?
pbarror - Here's a sample of a stop calling letter: http://consumers.creditnet.com/Discussions/sample-letters/t-stop-calling-letter-70232.html ... That's the first step for your sanity.
Thank you both. I did sign, but I think they broke the contract when they turned the debt over. I will sned them the letter tomorrow. Any other tips after that?
Sorry, I may not have been clear. With the loan being in forbearance, in order to be placed in that status, wasn't some sort of contract/agreement signed that said something to the effect of you not having to start repaying again until <new due date>? If there is some document that outlines the agreement to be in forbearance, I wouldn't think they can just 'break the contract' and turn it over to a CA.
