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Fighting Creditor Harassment with Legalities

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Fighting creditor harassment with legalities is not a 100% guarantee of winning, or even preventing credit harassment. But when legally done, at least there is a better chance of not being hassled anymore, reducing stress and financial exhaustion on the consumer's part.

Federal and state laws are available to protect consumers from creditor harassment. A major body of laws is the FDCPA, or Fair Debt Collection Practices Act. This is a body of laws that the government bodies have developed in order to protect consumers from any and all abusive forms of creditor harassment practices.

The FDCPA was developed in order to protect all consumers from creditor harassment, and given the opportunity to handle their debts decently and in a civil manner. The creditor is not allowed to use threatening collection letters, continuous telephone calls, or contacting the consumer at work. If it can be proved that a creditor harassment has occurred, the FDCPA will allow the consumer to sue the debt collector for up to $1,000.00 statutory damages, plus damages of mental anguish, telephone charges, etc. in addition to attorney fees.

The FDCPA applies the consumers with protection under certain circumstances:
• It must be a consumer debt, not a business debt.
• The debt collector is not the original creditor
• FDCPA only applies to third party collection agencies
• FDCPA applies under narrow circumstances when the collector is the original creditor.
• There are very specific circumstances where FDCPA protections will not apply.
• State and Federal laws afford different protections for the consumer, with only a consumer attorney being able to determine which one is the best for the most protection.

Creditor harassment has been on the rise for the past three years, with the Federal Trade Commission receiving more complaints against debt collectors than any other industries. Many complaints include vulgar language, collecting more many than is owed, sharing improperly the debt information, attempting to collect extra fees, and threatening members of the family.

With the majority of people not recognizing their rights in regard to debt collection, most debt collectors take advantage of it. But not all of them do, with many ethical debt collectors saving the average person a fair amount of money—a savings that would have incurred with businesses raising their prices to cover the bad debts of the country. The bottom line is this, if a debt collector is unwanted tell them so with a letter. Keep the letter and records you have informed them of such, in case they are to be charged with illegal creditor harassment. Write a second letter if required, and keep records of that one also. If it contuse then hire a lawyer. Consumers do have rights against debt collectors, but many do not know this and suffer the consequences.

The bottom line is this—if a debt collector is unwanted and it is felt they are harassing, then tell them so with a proper letter. Keep the letter and records that have been made of contact with them, in case they are to be charged with illegal creditor harassment. Write a second letter if required, and keep records of that one also. If it continues then hire a lawyer. Consumers do have rights against debt collectors, but many do not know this and suffer the consequences.










Creditor Options Specific links

Creditor Options News

Factbox - ECB mulls options on its Greek bond holdings - Reuters UK


Globe and Mail

Factbox - ECB mulls options on its Greek bond holdings
Reuters UK
In that case it may force those holding out to agree to a deal that would then be enforced for all creditors. Here are some of the ECB's options: FORGOING PROFITS ON ITS GREEK BONDHOLDINGS The ECB could pass on the profits - around 12 billion euros ...
Negotiators remain in tense talks over Greek debtVancouver Sun
ECB role under scrutiny as Greek debt talks resumeBusiness Recorder (blog)
Greek debt talks resume in race against the clockMoneycontrol.com

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Cougar Oil And Gas Canada Enters Into Creditor Protection - Quick Facts - NASDAQ


Cougar Oil And Gas Canada Enters Into Creditor Protection - Quick Facts
NASDAQ
OB) has obtained an Order from the Alberta Court of Queen's Bench providing creditor protection under the Companies' Creditors Arrangement Act (Canada) or "CCAA". On November 15, 2011, the potential purchaser under a Binding Letter of Intent to acquire ...
Cougar Oil and Gas Canada Enters Into Creditor Protection Following Failure of ...MarketWatch (press release)

all 14 news articles »

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Failing to pay the minimum can get you sued - CreditCards.com


CreditCards.com

Failing to pay the minimum can get you sued
CreditCards.com
If you have enough income to repay your debt, a debt management plan (DMP) may be your best option. Your counselor will work with your creditor to stop late payment fees and decrease your interest rate, which may help to bring the payment down to a ...

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PBGC worthy opponent in AMR bankruptcy fight - Pensions & Investments


Pensions & Investments

PBGC worthy opponent in AMR bankruptcy fight
Pensions & Investments
For the PBGC, AMR employees and retirees as well as a slew of other creditors, American's Feb. 1 announcement that it intends to terminate its defined benefit plans was the beginning of what promises to be a full-pitched battle that will be fought on ...

and more »

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HIGHLIGHTS-Comments from euro zone finance ministers' talks - Reuters


HIGHLIGHTS-Comments from euro zone finance ministers' talks
Reuters
ON BONDHOLDER LOSSES ON GREEK DEBT: "We reviewed the process of the consultations on the PSI (private sector involvement) operation between the Greek government and the IIF-led creditor group as well as the discussions in Athens between the troika and ...

and more »

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