...What do I do next? Send them a second letter? I've received two phone calls since I received my return receipt card back from them. I don't have a house phone, just a cell phone so I can't record the calls to use against them later. I indicated to them that they we're not supposed to contact me with providing the validation and they said it's not against the law for them to call me. I told them it was and hung up. What next?
Original creditor or collection outfit?? Original creditors are not subject to any laws. They can hound you all day long. By the way was your first letter a validation request or a cease & desist letter about not calling you? Get your cell phone co. to change your number.
I belief to call on your cell phone is a violation of fcra,did you send them a cd letter.your cell phone stores records and you should be able to get them from your provider.you will have to letter them again and send them a bill for using your minutes on your phone.
These are calls from a collection outfit called Zwicker & Associates. I sent them a combination letter requesting validation and letting them know that it is inconvenient for them to contact me in any way other than by mail. I don't really mind them calling my cell phone, it's better than them calling me at work. I don't let them rattle me, I just hang up..but, I'd like to be able to hang them with their phone calls. I will see what type of information I can get from my cell phone provider to prove that they have called after my validation request. I will also send a second letter.
Sue their a...s. They received a formal request from you for validation and for them to cease and desist. They signed for that letter, so obviously they're breaking the Fair Debt Collection laws.
Greg if they called twice or those separate violations are just lumped into one.because i have a co that still sends me a bill even after my bk7 keep adding finance charges it's about 80 dollars,should i also send them a cease and desit letter.thanks jj
They cannot call you on your cell phone! As for this outfit, when I sent them a DV I never heard from them again. WOofer
Woofer, I just received my green return receipt card back in the mail last week so maybe it's just not in their system yet that I've asked for validation. However, I did tell the first woman that called that I had asked for validation in writing and she ignored me. I told the second guy the same thing and he said he didn't care and that it wasn't illegal for them to call me. We'll see if they call again. If they keep pushing then I'm willing to push back. It might be worth the effort if I could get the account cleared up through their violations.
Send a suit... Refer them to ACA's own opinion that calling a cell phone is a potential violation of the FDCPA for causing charges to be incurred by the consumer for the cost of the calls. Are their calls being made by an auto-dialer? Any auto-dialer calls to a cell phone are additional violations of the TCPA, subject to $500.00 PER CALL... Both of those are discussed in ACA's newsletter articles. Any calls or collection letters beyond a day (possibly a day and a half or so at most) are violations if the validation request was timely.
Just get your cell phone carrier to change your number. I don't think that as of now there is an "information" way to track down cell phone numbers unless cell phone companies are "in bed" with banks/creditors/collection goons.
I guess it depends on your ultimate goal... If it were me, being a bit on the litigious side, I would just keep a log of the phone calls so I could include that as evidence in the law suit. They have every right to try and collect on the debt and they also have every obligation to obey the law. That they are owed money doesn't give them the right to break the law. The unfortunate part is that the FCRA and FDCPA puts the burden of enforcement on the consumer, not the government.
Remember, you're itemized phone bill should also have a call log, either on your bill, or provider's web site. Even if it's not readily available, you may be able to request one.
If it was included in bankruptcy, you should contact your bankruptcy attorney and have him handle it.
I did and he said to send them a copy of the discharge because he disposed of my files,small town attorney.
