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    melrykate's Avatar
    melrykate Posts: 2, Reputation: 1
    New Member
     
    #1

    Sep 24, 2007, 05:48 AM
    Creditor threatening bonding at bank
    My daughter is behind on a credit card after having her first baby, single mom, no extra money to get current on this card. The collections co. is calling her at home and work! They told her that if she could not pay a certain amount in 1 week, that their next step would cause her to lose her bonding at the bank she works at. She has been at this job for 2 years and has been bonded all along,can they cause her to lose her bonding? This is not a felony , she is simply behind on her credit card bill and doing everything she can to bring it current, but she has a child to feed! Help!
    By the way this creditor also lied to her a month ago, he said he was a lawyer and threatened her with a "fraud"and said she could be thrown in jail. I looked up the law, and she did not commit fraud, she simply ended up in a situation were income was less and had trouble paying. The card is in only her name and she has not used the card for 2 years, since her child was born and she could not work for months.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 24, 2007, 05:54 AM
    I don't believe they can and should be reported for making such a threat. Do a search on the Fair Credit Reporting Act. And find out more about her rights against abusive collectors.

    She can write them a letter informing them that all further contact must be by mail and any violations will be reported to the appropriate authorities.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Sep 24, 2007, 05:56 AM
    These are the usual tactics for a collection agency and if they have a lawyer working for them, that lawyer can issue official looking paperwork, so be prepared for that as well. If you receive anything in the mail look it over carefully.

    Unless they have a judgment against your daughter their threats are useless. She doesn't have to talk to them at work or home. Check the statute of limitations where you live; go on line at Google and just type in statute of limitations for your State. Meaning, there is a limited time until they can start harassing, usually six years or so.

    Look at it this way, if they cause her to lose her job, they can't get paid and I don't think they want that to happen.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 24, 2007, 05:59 AM
    The Statute of Limitations doesn't apply here. From what you have said she is trying to make payments, just not enough to satisfy them. So the account is probably still active.

    And yes, if they bring up this bonding thing again, ask them how they expect her to pay anything if they cause her to lose her job?
    shader's Avatar
    shader Posts: 235, Reputation: 12
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    #5

    Sep 26, 2007, 08:47 PM
    Collectors are very persistent since they make their money as a percentage of the amount they collect. Federal law prohibits unreasonable harassment by collection agencies or attorneys. For example, they may not contact you before 8:00 a.m. or after 9:00 p.m. unless you give your permission. They also may not use obscene or profane language, threaten you, lie as to possible actions they will take, misrepresent themselves, call you constantly to annoy you or, in most cases, call third parties, such as relatives, neighbors or employers. The simplest way to stop contacts is to write the collector a cease & desist letter. Federal Law requires collection agencies to stop contacts with you after they receive a written request to stop. If you send a cease and desist, include your name, address and account number, and tell the company "do not contact me further about this debt." Send the letter certified so that you have proof the company received it. But this move doesn't cancel your debt. The original creditor or the collection agency may decide to sue, or the creditor can simply hire another third-party collector. If that doesn’t work file a complaint you have about a collector's conduct to the Federal Trade Commission, Bureau of Consumer Protection, Division of Credit Practices, Washington, D.C. 20580. Phone the FTC at 1-877-382-4357 or get a complaint form from their website: Federal Trade Commission - Home.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Sep 26, 2007, 08:54 PM
    The collection people are at the lower level of the scum of this earth they will lie, cheat and even do fraud if they had to.

    They will threaten to call the police, have you arrested, put you in jail or worst. They lie to try and scare you into paying.
    Next if they ever get your bank account numbers, they will take out all of your moneyif they can.
    RichardBondMan's Avatar
    RichardBondMan Posts: 832, Reputation: 66
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    #7

    Sep 28, 2007, 06:38 PM
    She cannot "lose her bonding at the bank". The bond is a "blanket bond" required by all banks if they want to engage in the business of banking. Granted, not paying debts timely and as agreed, affects one's credit but her credit is not a matter the bonding company has time to verify or is even interested in verifying... a blanket bond covers all employees... most sureties that write bankers blanket bonds do not even has a list of the bank's employees... now it's a separate matter of the derogatory credit history not being acceptable to her bank employer.

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