On Dec 20 due to the advice I got in regards to a collection agency (Collection Agency Hell....) by KHM, I stopped payments (EFT) and sent a letter. I borrowed the letter from creditinfocenter.com and edited it so that it said no payments etc etc (to back up my phone call) Well at the bottom of the letter I typed. "Please do not call my home. I want all correspondence from your company via the United States Post Office. Mailed it CRRR 12/22. Well last night on my a/m there was a message to call 1-800, Valerie reference # from Collection Agency of America. Wrote all info down, deleted msg. and called this morning. When she answered I asked her what company( the announcement sounded familiar) and she said MBI--the one's I mailed the letter too!! I immediately told her I mailed a letter for no phone calls and she said that she hadn't received it yet....What was I gonna do on the acct..blah...blah....b/s...blah....blah. Well again I stated IF they sent me a letter for full deletion blah blah and she said that I was wasting her time and mine, that her company didn't have letters like that. They didn't want this acct since it was a bad debt and all of the accts are up for review so they will report as bad debt? AND she would no longer call my home. If I have the green card (It only had to go 38 miles) what do I do. Did they just violate something?
If they green card was signed before the date they called then I believe they are in violation of the FDCPA. So if they signed it say 12/24 and they called last night then they ARE in violation! Anyone else? KHM
I have to go check my box later!! This is kinda like Christmas, I just hope the present I want is in there! lol. I also told the supervisor 12/20 on his voice mail I wanted no more phone calls to my home and then I typed the letter (as you advised) just to have written proof. Not to mention signed for. So actually this is 2 times I've told them not to call. As soon as I check the mail I'll let you know. That way I can come up with my next step.
KHM is right! If they signed the CRR (green card) on 12/24/2001 then called you on 12/25/2001 they are in violation and you can sue them for that. The best thing to do is keep paper and a pen by your phone. Write down the day, time, company name, and the person you are speaking to (rep). This way you have soid proof everytime they call if you plan to sue. Also keep the recordings on the answering machine for proof too. That is easy money..lol..!!!
I hope. I hope. I hope. I didn't recognize the company name she left on the a/m so I took down the info and erased it. DARN! But I do keep a log now everytime I talk to c/a who/what/when/ and notes on the conversation so hopefully this will help. As soon as I check my mail (If I can ever get up there!! AAAAAaHHHHHH) then I'll post so I can get ideas what to do next!
checked again today. NO RR, yet. Darn, I am keeping my fingers crossed. Will keep posting on this issue.
Agreed! I sent 5 so far and have gotten 3 back. The one I am really waiting for was the letter with the least to travel. The other ones were still relatively close but darn I got them back in 2 days!! Thank you lbrown59 for all of your posts whenever I have a question!!
Guess who called AGAIN and left msg on an/machine The C/A with a please return my phone call today. So I went again and checked mail and the green card was there. Except they picked it up yesterday. Anyways, I am doing a little research before I call back because I want to be prepared. I believe after you send them a do not call they have 1 more phone call to tell you what they plan to do with the acct by law. I am hoping that they are going to work (this time) with me. I am so afraid of yelling "lawsuit" because I know do not know legal issues, and I don't want to hurt my chances of solving these issues w/o a lawsuit. Any suggestions? After I call, I will post what she had to say!! I'm waiting to research and get a few replies before I call though
FIRST off.... if you call ANY CA's after sending a Cease and Desist letter...telling them only to contact you by writing. THEN CALL them you are breaking the contract you just sent to them..!!! They can call and worry the piss out of you then. From now on... you need to send everything by mail. This includes...your negotiations. SEE... CA's know that they are hung when you send a C& D letter!! WHY-->> b/c they know most people don't know they law and they can SCARE you into paying the bill. ONCE you cut them off (phone calls) they DO NOT have there one and only tactic to get you to pay. The ball in now in your corner!!!!! START negotiating by Mail! If you do this.. the figure-->> OHHH Well if we are going to get any money we better take his written offer...!!!! Most will allow you to go for 30 cent on the dollar... just as long as they get paid! Don't mess up by talking to them... if they call let the answer machine get the call!!!!!! Beware... the last call will sound the worst... they will threaten your mothers life... just to get you to call back... DON'T Keep me posted on how this goes ;-)
WRONG WRONG WRONG They can do that by mail and that is their only choice unless you screw up and call them.
This is part of your problem. You're so afraid of a law suit that it's clouding your judgment in dealing with the situation. Calm down a law suit is not the end of the world besides that you are not on the verge of a suit at this point. PS I don't mean this as harsh but I am just trying to help you out here!
Per FDCPA c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
I emailed you!! What I sent them: Dec 21, 2001 XXX Dear Collection Manager: It has come to my attention through the credit bureaus that you claim I owe a debt to your agency. While I have yet to have the debt verified to me as legitimate through my right of the mini Miranda, I can start to dispute this debt and request full proof of this obligation. Paying this unverified debt to you means little to me if we cannot mutually agree that you will not or have not reported this debt to the credit bureau(s). By making payment arrangements I did not agree yet that the debt was mine and I have the option to seek further proof from your agency of this debt. While I realize that your purpose is to collect debts as a collection agent, I am also aware of what a paid collection would represent for me, which is not favorable. Please do not quote to me that you are unable to change this listing or I will be forced to cease and desist our communication and request full lenghty verification of the debt. My goal was to arrange a term acceptable to both of us since this debt is questionable. I will no longer make payments to your company until the terms are more acceptable for myself. I have already spoke with XXX and XXX(supervisor) and told them to cancel all future payments on this account. They were both notified 12/20 @ 12:00. Until receipt of complete deletion from my credit report (all 3) from your company, is received by me, no payments will be made upon this unverified account. This is not a renewed promise to pay but rather a restricted offer only. If no terms can be met, no new arrangements will be made and the offer will be void. Please do not call my home. I want all correspondence from your company via the United States Post Office. Did I do okay with this letter or do I now need to send the cease and desist? I used Sample letter 10 off creditinfocenter.com and tweaked it since I had already made a payment via EFT 11/30 on this acct.
