The title 'debt collector' doesn’t require an explanation as the two words clearly account for themselves. If you are indebted to a lender and have delayed payments over the past couple of months the lender can decide to either use their in-house service or use a specific debt collection service provider.
If it is a third party such as a specialized collection agency, they will usually acquire your debts for less than what you owe your lender and then the debt becomes their own. Therefore, they then have vested interests in settling the same.
Of course, getting a debt collector at your doorstep or receiving several phone calls a day can be stressful. There is nevertheless a way out of the problem. In one word it is 'consciousness' – being conscious of your rights and safeguards. This will help you to control the situation and not the opposite.
Whilst doing their job, debt collectors might tend to be powerful and intimidating. And in your position as a borrower, you don’t have your best foot forward. Nevertheless, you can still hold fast. Here’s how:
The job of a debt collector is to simply remind you of the money you owe. He cannot make threats, be cruel or intimidating to you by threats of violence or police action.
A debt collector can contact the borrower in person, through sealed mail, phone, fax or telegram. Postcards are not permissible as they can be read by anyone, and unless you agree, he cannot call before 8 a.m. and after 9 p.m.
A written statement clearly stating your creditor's name, the actual amount owed and what action he can take if you do not acknowledge the money owed should follow the first call from the debt collection agency. Make sure the written letter is accurate and contains no false information.
Unless he wants to get your contact information, the debt collector is not allowed to contact your family, friends, neighbours etc. When he does so however, he cannot inform them that you are in debt. You are always allowed your privacy even when you are in debt.
Remember not to let the debt collectors force you into making payments as they wish. Many collection agencies function on the basis that the best method to get their payment is to make themselves number one on your list of priorities. Though you do know you owe money, you have to make sure that you list and prioritize your finances. If you have a greater need for food or medicine then you must budget accordingly.
When dealing with your debt, you can choose to negotiate directly with the debt collectors or ask for a lawyer instead. If you correspond directly, do not feel in any way forced to offer private information that can be used erroneously in order to force payments from you. An example could be details of your workplace, your personal information on your account, etc.
Always ask that your communication from the debt collector be written down. This is better for you instead of telephone conversations. Written correspondence will force the collector’s politeness and accuracy in his dealings with you. All the agreed terms and conditions will also be neatly and clearly stated. The original amount you owe, together with any interests and fees should also be clearly stated. A good idea would be to tape telephone conversations (if any), after having openly informed the collector when he calls that his voice is being recorded.
If your debt collector insists with his forceful approach, you have a right to equalize.
You can do so by complaining to the concerned authorities within your jurisdiction and get relief.
The best way to react is always by gaining knowledge of the facts and standing firmly on them.
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