I have a loan thur a loan company for $500 and I make monthly payments on the loan, there are times when I am unable to make the payment until payday and the loan company will call my cell phone, call my place of employment, come to my place of employment and come to my house. I have asked them many times to stop coming 2 my job as I work in a very busy hospital but they will not listen they still come up to my job about 3-4 times a week and I tell them I will pay as soon as I get payed but they still show up the next day. Do I have any rights, can I write a letter to cease, can I report this to anyone??? What are my rights. btw thanks and i know that i should pay on time but I am a single mother and sometimes other bills must come first.
2007-11-06 10:45:33 · 8 answers · asked by I love dooneys 6 in Politics & Government ➔ Law & Ethics
Fair Debt Collection Practices Act...get to know it.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
They are not allowed to approach you at work "if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication." Most employers don't have a policy on this, but perhaps yours does.
I cannot give you legal advice, as I am only a paralegal and not an attorney. That said, I'd pay close attention to § 805(c) if I had absolutely no way to pay on time. If I was being hassled in person at my workplace, I'd send them a registered letter instructing them to "cease further communication."
2007-11-06 10:49:55 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Well, not being from legal circles I can only tell you this.
There is a fine line between an attempt to get payment of a loan and harassment.
Start keeping a log of when they call, when they visit, what they said, and what you said.
Keep it simple like:
11-06-07
So-n-so (put their name there) from such-n-such (put their company name there) called about the loan at 10:30 am. I told them I would make a payment on this date. They said ...bla...bla...bla.
If they call again before the agreed date, record that as well.
If you tell them not to call about it anymore record that.
Also, look in your loan contract. See what rights they have stated as to how they are able to attempt to collect on delinquent payments.
If nothing in there states that you give them the right to come, and or call your place of business to attempt to collect on this debt, then you have every right to tell them to not call you there. After that, it could be considered harassment and you can take them to court about it.
Just remember. Even though you tell them one month to not call your personal phone, or visit you at your home, doesn't mean, that if you are late the next month, they can't call your phone or visit your home. Most places have a clause in their contracts that states that you give them the right to, at least, call you in order to collect on the debt. But if they do it too frequently, you may be able to file a harassment charge against them.
It all depends on your local law.
Good Luck.
2007-11-06 11:11:32 · answer #2 · answered by Screamin' Eagle 4 · 0⤊ 0⤋
I am sure that constitutes harassment. At the very least report it to the Better Business Bureau. Tell them if they keep coming to your place of employment, they will get you fired, and if you don't have a job, they will NEVER get their money!! Our hospital would escort people like that right off the premises! I sure wish you good luck with this. Take care.
2007-11-07 08:46:31 · answer #3 · answered by SavvySue 7 · 0⤊ 1⤋
Instead of simply being late and hoping they will ignore the debt or collect on your terms, why don't you call them as soon as you know you are going to be late and let them know when they can expect a payment?
Creditors tend to give more slack with people that are willing to work with them.
2007-11-06 10:51:41 · answer #4 · answered by davidmi711 7 · 1⤊ 0⤋
you do have rights, as so do they, you must keep in contact with them, you need to make weekly arrangements with them low enough that you can afford and stick by them, other than taking them to court to stop harassment you must show proof that your trying to pay
2007-11-06 10:53:51 · answer #5 · answered by milton1007 4 · 1⤊ 0⤋
It sounds like harrassment to me! I would talk to an attorney and if possible file charges.
The borrower is always servant to the lender. Do yourself a favor and don't borrow from those creeps again. EVER!!!
2007-11-06 10:56:55 · answer #6 · answered by Free Thinker 6 · 0⤊ 1⤋
Legally, they're not allowed to approach you at your place of work and operate with that kind of intensity so i would seek a solicitor for legal advice on their tactics because that is beyond what they are allowed to do to retrieve what you owe them.
If not, try and negotiate a repayment date with them that works ariund the day you get paid, that way you'll never default on it.
2007-11-06 10:52:34 · answer #7 · answered by Anonymous · 0⤊ 3⤋
do not know
2007-11-06 10:47:09 · answer #8 · answered by Pumpkin Pie 6 · 0⤊ 3⤋