Hi, This is my first post to this forum. I was active for awhile on the ArtofCredit forum before it went under - I'm using a different handle. I have a CA who doesn't have my phone number (which is good, since all I have is a cell and I don't need them wasting my minutes bugging me). This CA, in the past year, has called the neighbor across the street from me and a couple of neighbors next to me, as well as a friend, whose number I just found out is showing up on my credit report for some reason. They keep calling this one person, who has *repeatedly* told them to stop calling. When this person hangs up, *they call right back*! If that person says, "Look, I'm not (so-and-so), STOP CALLING!", they won't leave them alone, and still ask to talk to me. If that person doesn't answer, they leave a message something like, "This message is for (me) - if you are not (me), please do not listen to the rest of the message, it is not for you. (Me), we are XYZ CA, and this is an attempt to collect a debt. This is regarding XXX loan you took out for XXX University. Again, (Me), please call us at 1-800-etc." My friend has REPEATEDLY told them to stop calling, and told the person today that they can't keep calling, and that it's illegal since they've been told to stop. The CA rep said, "We're not a solicitor, so we aren't subject to those laws." Well, I sure as heck know they are subject to the FDCPA, and they can't keep calling after they've been told to stop. What can I do about this? One of the neighbors they called was someone I was doing business with, too! They told my neighbor that, "They have a very important file of (mine) on their desk, and need to get a hold of me - it's urgent that I do so immediately." They seriously jeapordized my ability to continue working with my neighbor, who was freaked out by the call. They've even called my landlord, who was P**SSED off about that, who then e-mailed me and told me that it better not happen again, they don't want to hear from my bill collectors. They are calling my spouse, too, who has asked them to stop, but they won't. When my spouse asked them to stop, they called RIGHT BACK, and when my spouse again told them that they've been told not to call, they said, "No, you told us not to call for (me). We're trying to talk to you" They don't show up on the caller ID - they show up as "Unavailable", so we can't show their number in our cell phone logs. What can we do?!?
Write the CA and inform them only to contact you in writing. They can do so until you do so. You may have a cause of action against them for disclosing information to third parties but such an allegation would be tenious based upon your conveyance herein.
Why dont you just pay it, that usually makes it all go away. Unless you request to them in writing to cease phone calls then they can call. Verbal request are not sufficient.
Ah, Troll-CA-hole - I wondered when one of you guys would show up. I don't pay it because it's an accelerated student loan (long story, none of your business anyway), and I don't have $50k, let alone $5k or even $500 sitting around. Due to a serious back injury and other illnesses last year, my income was about *1/4* what it would normally be. Fu*k off, please. I'm asking for advice, but not from self-righteous wankers who haven't had Real Life hit them in the pocketbook yet. These pricks don't need to be calling my neighbors (or any third parties), many of whom don't really know me, and don't need to know about my personal finances. Right to privacy - it's in the Constitution, collectman.
Fabulous debtors. Always making my pocketbook bigger though As long as they are not disclosing the information on your account, they can call anyone they want and get general information on you.
Letting them know that, "They have an important file of mine on their desk," and calling back SEVERAL times after being told not to is out of line. I don't owe them anything, anyway. It's the OC, which happens to be a large student lending outfit, Federally guaranteed. Hey, I'm not planning on stiffing anyone (not really possible with student loans anyway), but the harrassment needs to end, and they don't need to be spilling my business into my neighbors' lives. Seriously, don't you have some puppies to mutilate or an old lady to foreclose on or something? I've only been here a short time, but already I noticed that it smells a bit like sulphur when you post...
The old lady was done earlier today. And sorry you dont like the direct answers that some, myself included may give. It's the simple blunt truth that I know of. And you do owe the CA the money if they have been assigned the account. If you are not happy with the way the CA works...sue them.
as·sign(-sn) tr.v. as·signed, as·sign·ing, as·signs 1. To set apart for a particular purpose; designate: assigned a day for the inspection. 2. To select for a duty or office; appoint: firefighters assigned to the city's industrial park. 3. To give out as a task; allot: assigned homework to the class. 4. To ascribe; attribute: sorted the rocks by assigning them to different categories. See Synonyms at attribute. 5. Law To transfer (property, rights, or interests) from one to another. 6. To place (a person or a military unit) under a specific command. n. Law An assignee. The OC will assign the debt to a contingency agency for collection for a certain amount of time or whatever their contract reads.
<<What can we do?>> It doesn't matter that your telephone record doesn't show the telephone number. It'll show the time. If you can record the telephone call, do it. If not, immediately memorialize the conversation with a notation of any number, "name" given, and what was said between the parties. Retain any records (e-mails or notes) of the continuing calls to third parties. Harassment is illegal.
It's a cell phone, most cell phones have a button to record the conversation, tell them you are recording and from this point forward warn them any future calls will be recorded, and hit the record button advise them to quit calling. Get their fax number/address and mail them a C&D.
Or, if you are in a two-party recording state (only one party has to be aware that there is a recording, you) let them talk for a while, clearly state your complaint, request, etc. Depending on where the conversation is heading, tell them after some time that you have been recording the call. I've had folks hang up on me, but then call back and discuss reasonable options. You might also check your local area for a consumer advocate attorney. I found one and he works on a "commision." He says he loves copies of recordings. In fact, so does the state attorney general's office. While CA come under more scrutiny in the laws, there are also lines that the OC can't cross. It is probably worth your while to get a recording of you speaking with the person, clearly showing they have contacted YOU, and you also telling them to contact you via US mail.
Nah, I still don't legally owe the CA anything. They get a commission of what they collect on behalf of the OC, with whom I have a contract. If the actual debt, and not the collection activities, were assigned to them (like with a JDB), then I would be obligated to them. I consider their activities to be "Overshadowing", and regardless of what I owe anyone (other than the property taxes or something like that), they have no business and no legal right sharing my financial situation with neighbors I don't even know. I don't cuss at CA's. I don't try to weasel out of paying legitimate debts *when I'm able*. As I said (and I know you're intelligent and can read, but you seem to have ignored the statement), I was injured and this destroyed my income, so I don't have the money to pay them. I was paying for years, and have already paid thousands to these guys. It's not this particular debt, but the collection activities, which I'm complaining about. Now, off with you! Back to Hades, collectman! ;-P The problem with recording the calls is that they're calling people I don't know very well, and aren't likely to record these calls...
