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I have been making payments on an account and received a call…

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I have been making payments...
I have been making payments on an account and received a call from a collection agency that threatened to put my account on my credit report as a "refusal to pay" if I don't pay the full amount immediately. The agent was extremely rude and hung up on me when I asked for further information. Is this legal?
Submitted: 8 years ago.Category: Consumer Protection Law
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6/24/2010
Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



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No. The FDCPA controls the way collection agents should work. They may not threaten legal action that is not possible - that's one of the rules. It's a $1000 fine for every violation. See here:http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act#Prohibited_conductReview it. If they broke more, find an attorney and sue them :) I can help you find someone in your area.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Customer reply replied 8 years ago

Hi Eli,

Thanks for your prompt response. So...as long as I am making payments, they cannot put it on my credit report, is that correct? Also, the collector said she knew I could pay the full amount because she had looked at my bank account and that I just didn't want to pay. Are they actually allowed to go into my bank account like that?

 

And... hanging up on me when I asked for the name of the company she represented and the name of a supervisor, then refusing to take further calls from me...I assume that is not appropriate or acceptable practice either. Also, this is the first I've heard that this debt was even turned over to a collection agency, I thought I was making payments directly to the people I owed.

 

I just might seek legal action if you think I have a legitimate case...they shouldn't be able to speak to people that way! Thanks for your help and yes I will be pressing the accept button!

Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
That is indeed correct - that was an (illegal) scare tactic.And she's lying, again, b/c they can't see your bank account.Her behavior is seriously flawed, and you need to file on them. Realize that they get paid very little and are often very pressured to collect, so they skirt the rules. Kick their butt! :)
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Customer reply replied 8 years ago

I just received a call back from the supervisor and was told that this debt would be put on my credit report regardless of whether I am making payments. They said that when it was turned over to the collection agency, the full amount was due. In other words, my credit report will be adversely affected even though I am making every attempt to pay this debt.

 

Do I have a leg to stand on? Is it worth my while to sue them or would filing a complaint suffice? What kind of damages would I receive?

 

Again, thank you for your time and help.

Consumer Protection Lawyer: Ely, Counselor at Law replied 8 years ago
Well, if the original creditor ALREADY reported it, then yes it's on there. So if you're making payments now, it would still be on there until you paid it off. But the collection agency can't put it ON there NOW. I hope that makes sense.As for having a leg to stand on - check the rules on the link I sent. If they violated anything else, or you feel they did, then you can litigate.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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