II have a mobile home that was purchased from Oakwood finance corp by Vanderbilt mortage. I have had nothing but harrassment calls from them and leaving letters at my home. My payments are current and up to date. I received a letter or should I say a notice to call a Mrs. Ferisolo who is very rude and thinks that I should put
my home up for sale when they think I am due for the current month. The latest incident was the note to call them for a time to finalize what action that may be necessary taken. I called the
office and was informed that I was short on my
payment for last month due to the added insurance
premium. and that I am only due for November payment only at this time. I spoke with them and
informed them that I would be mailing out a payment the middle of the month. They sent no
letter letting me know of the increase to my payment.
They are also continuing to harrass my sister who
is my emergency contact person only even after I
spoke to them the day before. This finance company wants their payments made with check by
phone and I will not do it and They were told this by myself. I think that this company should
have to be made to pay people like myself and others a settlement and quit harrassing us and
start acting with appropriate business manners and not be rude and aggressive with homeowners
like myself who are current on their payments.
Even the homeowners who make payment arrangements shouldn't be harrassed after speaking to them. I don't trust this mortage
company and everyone who is smart would not
finace with them. Maybe if they started losing
business and get into a situation that they are
ready to lose thier business they would treat
the mortages homeowners better they would learn
a valuable lesson.
BEWARE OF FINANCE ANYTHING WITH THIS COMPANY ALL
THEY DO IS HARRASS YOU IF YOU ARE 0NE DAY PAST THE DUE DATE.
How may a debt collector contact me?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8:00 a.m. or after 9:00 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can I stop a debt collector from contacting me?
You can stop a collector from contacting you by writing a letter to the collection agency telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector intends to take some specific action.
May a debt collector contact anyone else about my debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell me about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact me if I believe I do not owe the money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe the money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What are debt collectors required to do?
They must contact you between the hours of 8:00 a.m. and 9:00 p.m. They must disclose their identity and the company they work for when telephoning. If the creditor who owes the money has an attorney, the debt collector must talk only with the attorney. Debt collectors must notify the debtor of the amount of the debt and name of the creditor.
What types of debt collection practices are prohibited?
1.) Harassment–Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not:
Use threats of violence or harm;
Publish a list of consumers who refuse to pay their debts (Except to a Credit Bureau);
Use obscene or profane language; or
Repeatedly use the telephone to annoy someone. Such as letting your phone ring merely to harass you.
2.) False Statements–Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
Falsely imply that they are attorneys or government representatives;
Falsely imply that you have committed a crime;
Falsely represent that they operate or work for a credit bureau;
Misrepresent the amount of Your debt;
Indicate that papers being sent to you are legal forms when they are not;
Indicate that papers being sent to you are not legal forms when they are;
3.) Other Prohibited Statements–Debt collectors also may not:
State that you will be arrested if you do not pay your debt;
State that they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
State that actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
4.) Prohibited Actions–Debt collectors may not:
Give false credit information about you to anyone, including a credit bureau;
Send you anything that looks like an official document from a court or government agency when it is not; or
Use a false name.
5.) Unfair Practices–Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
Collect any amount greater than your debt, unless your state law permits such a charge;
Deposit a post-dated check prematurely;
Use deception to make you pay for collect calls or telegrams;
Take or threaten to take your property, unless it can be done legally; or
Contact you by postcard.
What control do I have over payment of multiple debts to one creditor?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
What can I do if I believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000.00. Court costs and attorney's fees can also be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000.00, or one percent of the collector's net worth, whichever is less.
Where can I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your State Attorney General's office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General's office can help you determine your rights.
You can file a complaint with the FTC by contacting the Consumer Response Center
by phone: 202-FTC-HELP (382-4357)
by TDD: 202-326-2502
by mail:Consumer Response Center
Federal Trade Commission
Washington, D.C. 20580
or by e-mail: www.ftc.gov
and register your complaint by using the electronic complaint form found there.
Although the FTC generally cannot intervene in individual disputes, the information you provide may indicate a pattern of possible law violations requiring action by the Commission.
For more information on Fair Credit Reporting, how to dispute credit reporting errors and much more, go to www.ftc.gov.