Consumer Blog
When debt collectors are wrong
A Missouri consumer writes:
Several years ago I had made an offer to settle a debt for less than the amount the bank claimed I owed. The bank accepted the terms of my offer. Recently I received a phone call from a debt collection company claiming that I owed the balance the bank had previously agreed to write off. What recourse to I have, under state and/or federal law?
Hopefully you got this agreement with the bank in writing. If so, send copies to the debt collector. Remember that this debt may also appear on your credit reports, so check there too. If it does, initiate a dispute and send a copy of the agreement to the credit bureaus. When you check your credit report, you'll see dispute instructions. If you don't have it in writing, your job will likely be harder. Debt collectors are not teddy bears. But it's worth at least trying.
If plans A and B fail, you can file a complaint with our office. We have great success getting debt collectors off the backs of people who are incorrectly targeted.
The Federal Trade Commission offers a summary of your rights under the Fair Debt Collection Practices Act.
Technorati Tags: consumer protection, credit report, debt, debt collection, debt collectors, moagoconsumer, consumer protection
Posted by on April 20, 2007 10:04 am :: Comments (21) :: Permalink
21 Responses to "When debt collectors are wrong"
says:
March 20, 2008 2:16 pm
How would i file a complaint with you guys against a debt collection agency. I have paid them the agreeded amount 3 years ago and still have them attempting to collect debt on this and it's on my credit report.
says:
May 29, 2008 5:54 pm
I owe a debt to a couple of small signature loan places here in Missouri.I am curious I understand I owe them money but they frequently call me at work or show up at my house knocking on my door or leaving bills on the door whenever theirs no one home to answer the door.Are any of these practices legal in the state of Missouri.
says:
May 30, 2008 9:31 am
To Chris:
Again, check the summary of your federal rights (see link in blog post above) in dealing with debt collectors. You are welcome to file a complaint with our office (see link in response to Mickeal).
says:
July 28, 2008 9:17 pm
I got turned over to collections for a past due credit card. I would receive multiple calls per day 10-20 calls per day and some within 5-10 minutes of each other. One Saturday I received 7 calls in 29 minutes. I would speak with a rep and continue to receive calls the same day. The first time I called their company back let them know I'm still getting calls after speaking with someone. The calls did not quit. A few days later I would speak with a rep , the same thing would happen. I had advised again I already spoke with someone today and to quit calling. The rep I spoke to I had agreed to talk with him on Tuesday and Monday I was again receiving multiple calls when I spoke to the representative I requested he call back on the agreed upon date and time. He still tried to verify if I was going to speak with him the next day and if anything had changed. I advised him the calls were excessive and even after i spoke with him I would continue to receive calls and I would ask they quit but they would not. I explained I was frustrated and felt I was being harassed. I advised I may need to turn over to an attorney if it continues. He brushed me off with "I only need to tell them their phone system is excessively calling and they would handle" and I did not need to threaten him. I then spoke to a supervisor who advised me their automated system would continue to call unless their was a post dated payment in the system. I refused but advised would be paying off the account or paying the past due amount by the end of week on payday which the other rep I spoke to was aware of. He agreed to take my account out of the system for a few days but would call back on payday. Is this harassment and if so where do i file a complaint?
says:
July 30, 2008 1:31 pm
To Erin:
See my responses above.
says:
November 21, 2008 5:40 pm
I have a relative that borrowed money from some of those quick cash places and never paid them. Seems that when the paperwork was filled out my number used on the form as contact. For some months i have been bombarded by debt collecters calling my phone or more accurate they have their automated machines call. I have attempted to answer a few times and explain that he cannot be reached at my number. But the calls contiue. They call almost anytime of the day or evening and even on weekends. Is some way to stop this? I would grateful for some good advise. Thanks
says:
November 24, 2008 9:21 am
To Pat:
See my responses above for filing consumer complaints.
says:
December 9, 2008 1:09 pm
What is the statute of limitations for credit card debt? I have seen both 5 years and ten years. My son-in-law has a debt from sometime in the 1990s that a collection firm bought in 200 and all of a sudden they are asking for his money. Thank you, Ann H.
says:
December 9, 2008 3:22 pm
To Ann:
Missouri has a five-year statute of limitations for debts based on contracts. That category covers most credit card debt.
says:
December 17, 2008 10:18 pm
What is the MO statute of limitations on an account with a utility company? I assume this is an "open-ended account" like a credit card, but wasn't sure.
says:
December 18, 2008 11:53 am
To Chris:
You need a lawyer's opinion to be sure, but this most likely falls under Missouri's five-year SOL, which also applies to credit card debt. A utility account is similar to a credit card account, in that you pay for what you use, there is no set amount paid per month, etc.
says:
January 13, 2009 2:22 pm
What is the statute of limitations regarding fees to a Missouri University?
says:
January 29, 2009 1:03 pm
I am being sued by a credit card company. This must be an old debt from 7 or 8 years ago. The debt is no longer on my credit report. I have checked to make sure that there were no payments or purchases made in the past 6 years. Would this be covered under the Statute of Limitations?
says:
February 2, 2009 2:11 pm
To Robert:
See response to Chris, above.
says:
February 3, 2009 4:58 pm
On the statute of limitations, for credit cards, is the five years limit from the last charge placed on the card?
says:
February 3, 2009 11:34 pm
Well I got in a bind years ago and still am financially. I have a credit card that has been sold repeatedly to collectors. It has been 6 years since any payment or transaction. The original debt was 3600.00. Now with interest it is 14,000.00. I understand Missouri's SOL somewhat. My question is....The new creditor called me and tricked me by asking if it was my debt and I answered yes. Does that mean I restarted Statute of Limitations?
says:
February 6, 2009 2:57 pm
To Tess:
No. The 5-year SOL begins at the time the credit card company decides the debt is not going to be paid.
says:
February 6, 2009 2:59 pm
To Wade:
I can't say for sure, but this should have no effect. Think of it this way: a statute of limitations doesn't deny the debt existed - it just puts a limit on how long you're legally obligated to pay it. If you think they're going to sue you, you should consult a private lawyer.
says:
February 12, 2009 9:42 am
More than six years ago we had a lawn mower in for repair - the people did not make any repairs and we brought the machine hme. Now the people are claiming that we owe them eight hundred dollars including interest- we do not owe this how can I get this resolved. They are sending me bills every month with the added interest.
says:
February 13, 2009 11:20 am
To Deanna:
I assume you have informed the company you did not receive any service and do not owe the money. If so, and they continue to contact you, you can file a complaint with our office. See link above in response to Mickeal.
