Showing posts with label Money Saving. Show all posts
Showing posts with label Money Saving. Show all posts

Tuesday, 3 June 2008

Fair Debt Collection



If you use credit cards, owe money on a personal loan, or are
paying on a home mortgage, you are a "debtor." If you fall behind
in repaying your creditors, or an error is made on your accounts,
you may be contacted by a "debt collector."

You should know that in either situation the Fair Debt Collection
Practices Act requires that debt collectors treat you fairly by
prohibiting certain methods of debt collection. Of course, the
law does not forgive any legitimate debt you owe.

This brochure provides answers to commonly asked questions to
help you understand your rights under the Fair Debt Collection
Practices Act.

What debts are covered?

Personal, family, and household debts are covered under the Act.
This includes money owed for the purchase of an automobile, for
medical care, or for charge accounts.

Who is a debt collector?

A debt collector is any person, other than the creditor, who
regularly collects debts owed to others. Under a 1986 amendment
to the Fair Debt Collection Practices Act, this includes
attorneys who collect debts on a regular basis.

How may a debt collector contact you?

A collector may contact you in person, by mail, telephone,
telegram, or FAX. However, a debt collector may not contact you
at unreasonable times or places, such as before 8 a.m. or after
9 p.m., unless you agree. A debt collector also may not contact
you at work if the collector knows that your employer
disapproves.

Can you stop a debt collector from contacting you?

You may stop a collector from contacting you by writing a letter
to the collection agency telling them to stop. Once the agency
receives your letter, they may not contact you again except to
say there will be no further contact. Another exception is that
the agency may notify you if the debt collector or the creditor
intends to take some specific action.

May a debt collector contact any person other than you concerning
your debt?

If you have an attorney, the debt collector may not contact
anyone other than your attorney. If you do not have an attorney,
a collector may contact other people, but only to find out where
you live and work. Collectors usually are prohibited from
contacting such permissible third parties more than once. In most
cases, the collector is not permitted to tell anyone other than
you and your attorney that you owe money.

What is the debt collector required to tell you 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 you if you believe you
do not owe money?

A collector may not contact you if, within 30 days after you are
first contacted, you send the collection agency a letter stating
you do not owe 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 types of debt collection practices are prohibited?

Harassment. Debt collectors may not harass, oppress, or abuse
any person. For example, debt collectors may not:

l use threats of violence or harm against the person,
property, or reputation;

l publish a list of consumers who refuse to pay their debts
(except to a credit bureau);

l use obscene or profane language;

l repeatedly use the telephone to annoy someone;

l telephone people without identifying themselves;

l advertise your debt.

False statements. Debt collectors may not use any false
statements when collecting a debt. For example, debt collectors
may not:

l falsely imply that they are attorneys or government
representatives;

l falsely imply that you have committed a crime;

l falsely represent that they operate or work for a credit
bureau;

l misrepresent the amount of your debt;

l misrepresent the involvement of an attorney in collecting a
debt;

l indicate that papers being sent to you are legal forms when
they are not;

l indicate that papers being sent to you are not legal forms
when they are.

Debt collectors also may not state that:

l you will be arrested if you do not pay your debt;

l 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;

l actions, such as a lawsuit, will be taken against you, which
legally may not be taken, or which they do not intend to take.

Debt collectors may not:

l give false credit information about you to anyone;

l send you anything that looks like an official document from
a court or government agency when it is not;

l use a false name.

Unfair practices. Debt collectors may not engage in unfair
practices in attempting to collect a debt. For example,
collectors may not:

l collect any amount greater than your debt, unless allowed by
law;

l deposit a post-dated check prematurely;

l make you accept collect calls or pay for telegrams;

l take or threaten to take your property unless this can be
done legally;

l contact you by postcard.

What control do you have over payment of debts?

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 you do if you 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 you believe the law was violated.
If you win, you may recover money for the damages you suffered.
Court costs and attorney's fees also can be recovered. A group of
people also may sue a debt collector and recover money for
damages up to $500,000, or one percent of the collector's net
worth, whichever is less.

Where can you report a debt collector for an alleged violation of
the law?

Report any problems you have with a debt collector to your state
Attorney General's office and the Federal Trade Commission. Many
states also have their own debt collection laws and your Attorney
General's office can help you determine your rights.

If you have questions about the Fair Debt Collection Practices
Act, or your rights under the Act, write: Correspondence Branch,
Federal Trade Commission, Washington, D.C. 20580. 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.

66 Ways to Save Money



TRANSPORTATION


Airline Fares

1. You can lower the price of a roundtrip air fare by as much as
two-thirds by making certain your trip includes a Saturday
evening stayover, and by purchasing the ticket in advance.

2. To make certain you have a cheap fare, even if you use a
travel agent, call all the airlines that fly where you want to go
and ask what the lowest fare to your destination is.

3. Keep an eye out for fare wars. Be prepared to act quickly.


Car Rental

1. Since car rental rates can vary greatly, shop around for the
best basic rates and special offers.

2. Rental car companies offer various insurance and waiver
options. Check with your insurance agent and credit card company
in advance to avoid duplicating any coverage you may already
have.


New Cars

1. You can save thousands of dollars over the lifetime of a car
by selecting a model that combines a low purchase price with low
financing, insurance, gasoline, maintenance, and repair costs.
Ask your local librarian for new car guides that contain this
information.

2. Having selected a model, you can save hundreds of dollars by
comparison shopping. Call at least five dealers for price quotes
and let each know that you are calling others.

3. Remember there is no "cooling off" period on new car sales.
Once you have signed a contract, you are obligated to buy the
car.


Used Cars

1. Before buying any used car:

a. Compare the seller's asking price with the average retail
price in a "bluebook" or other guide to car prices found at
many libraries, banks, and credit unions.


b. Have a mechanic you trust check the car, especially if
the car is sold "as is."

2. Consider purchasing a used car from an individual you know and
trust. They are more likely than other sellers to charge a lower
price and point out any problems with the car.


Auto Leasing

1. Don't decide to lease a car just because the payments are
lower than on a traditional auto loan. The leasing payments may
be lower because you don't own the car at the end of the lease.

2. Leasing a car is very complicated. When shopping, consider
the price of the car (known as the capitalized cost), your trade-
in allowance, any down payment, monthly payments, various fees
(excess mileage, excess "wear and tear," end-of-lease), and the
cost of buying the car at the end of the lease.


Gasoline

1. You can save hundreds of dollars a year by pumping gas
yourself and using the lowest-octane called for in your owner's
manual.

2. You can save up to $100 a year on gas by keeping your engine
tuned and your tires inflated to their proper pressure.


Car Repairs

1. Consumers lose billions of dollars each year on unneeded or
poorly done car repairs. The most important step that you can
take to save money on these repairs is to find a skilled, honest
mechanic. Before you need repairs, look for a mechanic who:
* is certified and well established;
* has done good work for someone you know; and
* communicates well about repair options and costs.


INSURANCE

Auto Insurance

1. You can save several hundred dollars a year by purchasing auto
insurance from a licensed, low-price insurer. Call your state
insurance department for a publication showing typical prices
charged by different companies. Then call at least four of the
lowest-priced, licensed insurers to learn what they would charge
you for the same coverage.

2. Talk to your agent or insurer about raising your deductibles
on collision and comprehensive coverages to at least $500 or, if
you have an old car, dropping these coverages altogether.
Taking these steps can save you hundreds of dollars a year.

3. Make certain that your new policy is in effect before dropping
your old one.


Homeowner Insurance

1. You can save $100 or more a year by purchasing homeowner
insurance from a low-price, licensed insurer. Ask your state
insurance department for a publication showing typical prices
charged by different licensed companies. Then call at least four
of the lowest priced insurers to learn what they would charge
you. If such a publication is not available, it is even more
important to call at least four insurers for price quotes.

2. Make certain you purchase enough coverage to replace the house
and its contents.

3. Make certain your new policy is in effect before dropping your
old one.


Life Insurance

1. If you want insurance protection only, buy a term life
insurance policy.

2. If you want to buy a whole life, universal life, or other cash
value policy, plan to hold it for at least 15 years. Cancelling
these policies after only a few years can more than double your
life insurance costs.

3. Check your public library for information about the financial
soundness of insurance companies and the prices they charge. The
July, August, and September 1993 issues of Consumer Reports are a
valuable source of information about a number of insurers.


BANKING/CREDIT

Checking

1. You can save more than $100 a year in fees by selecting a
checking account with a minimum balance requirement that you can,
and do, meet.

2. Banking institutions often will drop or lower checking fees if
paychecks are directly deposited by your employer. Direct
deposit offers the additional advantages of convenience,
security, and immediate access to your money.


Savings and Investment Products

1. Before opening a savings or investment account with a bank or
other financial institution, find out whether the account is
insured by the federal government. An increasing number of
products offered by these institutions, including mutual stock
funds and annuities, are not insured.

2. To earn the highest return on savings (annual percentage
yield) with little or no risk, consider certificates of deposit
(CDs) and treasury bills or notes.

3. Once you select a type of savings or investment product,
compare rates offered by different institutions. These rates can
vary a lot and, over time, can significantly affect interest
earnings.


Credit Cards

1. You can save as much as several hundred dollars each year in
lower credit card interest charges by paying off your entire bill
each month.

2. If you are unable to pay off a large balance, switch to a
credit card with a low annual percentage rate (APR). For a
modest fee, Bankcard Holders of America (703-389-5445) and RAM
Research Corp. (800-344-7714) will send you a list of low-rate
cards.

3. You can reduce credit card fees, which may add up to more than
$100 a year, by getting rid of all but one or two cards, and by
avoiding late payment and over-the-credit limit fees.


Auto Loans

1. If you have significant savings earning a low interest rate,
consider making a large down payment or even paying for the car
in cash. This could save you as much as several thousand dollars
in finance charges.

2. You can save as much as hundreds of dollars in finance charges
by shopping for the cheapest loan. Contact several banks, your
credit union, and the auto manufacturer's own finance company.


First Mortgage Loans

1. You may save tens of thousands of dollars in interest charges
by shopping for the shortest-term mortgage you can afford. On a
$100,000 fixed-rate loan at 8% annual percentage rate (APR), for
example, you will pay $90,000 less in interest on a 15-year
mortgage than on a 30-year mortgage.

2. You can save thousands of dollars in interest charges by
shopping for the lowest-rate mortgage with the fewest points. On
a 15-year, $100,000 fixed-rate mortgage, just lowering the APR
from 8.5% to 8.0% can save you more than $5,000 in interest
charges. On this mortgage, paying two points instead of three
would save you an additional $1,000.

3. If your local newspaper does not periodically run mortgage
rate surveys, call at least six lenders for information about
their rates (APRs), points, and fees. Then ask an accountant to
compute precisely how much each mortgage option will cost and its
tax implications.

4. Be aware that the interest rate on most adjustable rate
mortgage loans (ARMs) can vary a great deal over the lifetime of
the mortgage. An increase of several percentage points might
raise payments by hundreds of dollars per month.


Mortgage Refinancing

1. Consider refinancing your mortgage if you can get a rate that
is at least one percentage point lower than your existing
mortgage rate and plan to keep the new mortgage for several years
or more. Ask an accountant to calculate precisely how much your
new mortgage (including upfront fees) will cost and whether, in
the long run, it will cost less than your current mortgage.


Home Equity Loans

1. Be cautious in taking out home equity loans. These loans
reduce the equity that you have built up in your home. If you
are unable to make payments, you could lose your home.

2. Compare home equity loans offered by at least four banking
institutions. In comparing these loans, consider not only the
annual percentage rate (APR) but also points, closing costs,
other fees, and the index for any variable rate changes.


HOUSING


Home Purchase

1. You can often negotiate a lower sale price by employing a
buyer broker who works for you, not the seller. If the buyer
broker or the broker's firm also lists properties, there may be a
conflict of interest, so ask them to tell you if they are showing
you a property that they have listed.

2. Do not purchase any house until it has been examined by a home
inspector that you selected.


Renting a Place to Live

1. Do not limit your rental housing search to classified ads or
referrals from friends and acquaintances. Select buildings where
you would like to live and contact their building manager or
owner to see if anything is available.

2. Remember that signing a lease probably obligates you to make
all monthly payments for the term of the agreement.


Home Improvement

1. Home repairs often cost thousands of dollars and are the
subject of frequent complaints. Select from among several well
established, licensed contractors who have submitted written,
fixed-price bids for the work.

2. Do not sign any contract that requires full payment before
satisfactory completion of the work.


Major Appliances

1. Consult Consumer Reports, available in most public libraries,
for information about specific brands and how to evaluate them,
including energy use. There are often great price and quality
differences among brands.

2. Once you've selected a brand, check the phone book to learn
what stores carry this brand, then call at least four of these
stores for the prices of specific models. After each store has
given you a quote, ask if that's the lowest price they can offer
you. This comparison shopping can save you as much as $100 or
more.


UTILITIES


Electricity

1. To save as much as hundreds of dollars a year on electricity,
make certain that any new appliances you purchase, especially air
conditioners and furnaces, are energy-efficient. Information on
the energy efficiency of major appliances is found on Energy
Guide Labels required by federal law. Check with your electric
utility to learn if it has a program to help reduce the costs of
any appliance purchases.

2. Enrolling in load management programs and off-hour rate
programs offered by your electric utility may save you up to $100
a year in electricity costs. Call your electric utility for
information about these cost-saving programs.


Home Heating

1. A home energy audit can identify ways to save up to hundreds
of dollars a year on home heating (and air conditioning). Ask
your electric or gas utility if they can do this audit for free
or for a reasonable charge. If they cannot, ask them to refer
you to a qualified professional.


Local Telephone Service

1. Check with your phone company to see whether a flat rate or
measured service plan will save you the most money.

2. You will usually save money by buying your phones instead of
leasing them.

3. Check your local phone bill to see if you have optional
services that you don't really need or use. Each option you drop
could save you $40 or more each year.


Long Distance Telephone Service

1. Long distance calls made during evenings, at night, or on
weekends can cost significantly less than weekday calls.

2. If you make more than a few long distance calls each month,
consider subscribing to a calling plan. Call several long
distance companies to see which one has the least expensive plan
for the calls you make.

3. Whenever possible, dial your long distance calls directly.
Using the operator to complete a call can cost you an extra $1 to
$3.


OTHER


Food Purchased at Markets

1. You can save hundreds of dollars a year by shopping at the
lower-priced food stores. Convenience stores often charge the
highest prices.

2. You will spend less on food if you shop with a list.

3. You can save hundreds of dollars a year by comparing price-
per-ounce or other unit prices on shelf labels. Stock up on
those items with low per-unit costs.


Prescription Drugs

1. Since brand name drugs are usually much more expensive than
their generic equivalents, ask your physician and pharmacist for
generic drugs whenever appropriate.

2. Since pharmacies may charge widely different prices for the
same medicine, call several. When taking a drug for a long time,
also consider calling mail-order pharmacies, which often charge
lower prices. See the October 1993 issue of Consumer Reports
(available in most public libraries) for a list of several of
these pharmacies and their toll-free phone numbers.


Funeral Arrangements

1. Make your wishes known about your funeral, memorial, or burial
arrangements in writing. Be cautious about prepaying because
there may be risks involved.

2. For information about the least costly options, which could
save you several thousand dollars, contact a local memorial
society, which is usually listed in the Yellow Pages under
funeral services.

3. Before selecting a funeral home, call several and ask for
prices of specific goods and services, or visit them to obtain an
itemized price list. You are entitled to this information by law
and, by using it to comparison shop, you can save hundreds of
dollars.


The Consumer Literacy Consortium is a working group of
representatives from federal and state government agencies,
consumer groups, business organizations, and educational
institutions that seeks to develop and disseminate essential
messages to inform and educate consumers. Membership in the
Consortium does not imply endorsement of all of its messages or
the products and services of other members.

Cooperative Extension System
Federal Trade Commission
Federal Reserve Board
Minnesota Attorney General's Office
National Association of Consumer Agency
Administrators
U.S. Consumer Information Center
U.S. Food and Drug Administration
U.S. Office of Consumer Affairs

American Council on Consumer Interests
American Association of Retired Persons
Center for the Study of Services - Checkbook Magazine
Consumer Action
Consumer Federation of America
National Coalition for Consumer Education
National Institute for Consumer Education
TARP, Inc.

Alamo Rent A Car, Inc.
American Insurance Association
Direct Selling Education Foundation
MCI Consumer Markets
NYNEX Corporation
Sprint