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harrassment from a collection agency


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I have a legitimate debt with Providian that has ben turned over to a collection agency, Arrow Financial Services LLC. I am the plantiff of a lawsuit due to a car accident 2 years ago. According to my creit report as of January 15, 2003 Providian chargedoff $3542 and $1585 is past due as of 11/2002. After speaking with Arrow Financial they agreed to a payment of $25.00 per month until my lawsuit is settled. I have been paying them faithfully and on time until March when I started receiving harrassing phone calls both at home and on my cellphone demanding the full amount be paid immediately. Not only that but they are demanding I pay them $3392.99. I have called them and advised them NOT to contact me again and they have called me twice today. I would like to know my legal rights because I can not have my wages garnished nor a lien put on my house. Please advise me as soon as possible so I can get this settled promptly. Thank you in advance for your assistance.

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Thats not right for them to do that...

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

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No, its not right, but its TELLING them, verbally, will get you nowhere. If you want them to stop harrassing you BY PHONE, then you're going to have to send them a modified Cease and Desist letter, certified, RRR. In the C&D letter you tell them they are ONLY to contact you via mail and that all PHONE CONTACT must stop.

Only in writing are you going to have ANY leverage whatsoever.

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