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Jan 21, 2012
What constitute Harassment from A Debt Collector?
by: Anonymous

I am in default with JP Morgan Chase. I got behind with my payment because I have incurred other debts. My husband is retired and I am unemployed. I have looked for employment but have been unlucky in acquiring a job. I paid a small amount for this month, but they would accept my payment until I spoke to a representative at JP Morgan Chase and I told them my situation. They accepted my payment and he set me up on a payment arrangement called a Hardship Plan. Starting next month I will pay $23.00 for 36 months. Today I got a call from another representative telling me I need to pay, I am late and $23.00 is not enough because I am in X amount of debt with them. I told her that I had made payment arrangement and will pay next month and why is she calling me. She said they will keep calling me until I pay of my debt. I told her not so because I made arrangement with them. She said not it is our policy to call you until I pay off my debt. I told it that was wrong and it is harassment. She said no it isn’t and if I didn’t want them calling I need to fax them with a Cease and Desist notification. She told me they will call me until I pay off my debt and she hung up. Were they wrong in doing this. I think they are. Please inform me as to the correct method in their collection tactics and my rights as a debtor.

Reply from

Creditors collecting their own debts are not covered by the Fair Debt Collection Practices Act. If you live in California, the Rosenthal Act may help you. If not, you can check with a consumer law attorney but I am not sure there is much you can do, other than to screen your calls.

Please be sure to get something in writing from Chase about your payment arrangement. Without it, we fear the account may be charged off and sent to collections anyway.

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