I just had a really funny call from a collection agency. This particular agency won't stop calling me so lately I have been playing music into the phone whenever I get a call from them. I did this once today and the collector called me back and called me a loser right over the phone. I promptly gave him some more music...this time at a much higher volume. I might be wrong about this...but isn't it against the law for a collector to call you names regardless of what you say to him?
Why in the hell does it matter how he said it? He still said it. Did you send them an estoppal letter?
When he called back. Did he read you the miranda? Everytime they call they must or its a 1,000 violation. Also when he called back did he discuss the debt? if so, i would say yes thats illegal. However if he just called back and didnt say anything about the collection, then you cant prove it was him. At least send them a C&A letters. are send him an estoppel, and list all the vialotions and your going to sue him in court.
Same thing happened to me once, except he said alot more, calling my wife a deadbeat and read our entire report over the phone to us. He also said that I must be a real lose if I couldn't get a job to pay my bills (I was out of work then) This happened last fall. I didn't know enough to sue, but I did send the CA a nasty letter citing 5 separate laws in the FCRA that were broken, with a C&D. I never heard back from him. Is it too late to sue?
Re: Collector called me a Loser tod Yes it is. Contact a lawyer. i think you can sue for harassment. If anybody has more legal knowledge - please share!
Everytime I have heard from them they have NEVER read me my mini-miranda. He probably wanted to discuss the allegded debt with me but after he called me a loser I didn't give him the opportunity too
I hope you can sue them, and sue them big time! What might be kind of fun to do would be to set up an entirely different tone with the collection thug. Instead of being scared of him or taking the abuse that they dish out, it would be kind of fun to suggest that you have loads of money at your disposal and you simply CHOOSE not to pay it, whether its a valid debt or not. Suggest that you are not a loser who cant get a job, but are instead a winner who is smart enough to know when to work and when not to work. Instead of being branded as poor and scared you could instead come across as EVIL and POWERFUL, deciding at will who to pay, when you'll pay and how much you'll pay as well as whether you'll work or not. Having that kind of attitude would certainly shock them because they are used to people being scared of them. Maybe a crazy idea, but certainly an interesting thought.
Luxury, that takes too long. How about this one. When they call, just say hold on please and just put the phone down. I've done this before and put the mute button on. You can here them talking saying when is the guy coming back to the phone. Hello? Hello? They're breathing all hard. It's hilarious to me.
Re: Collector called me a Loser tod "Loser" is my wife's favorite epithet. Unfortunately, I'm not covered by the FDCPA with her. Doc
It might sound kind of naieve to say this...but I'm really not worried about these guys trying to sue me. The reason for this is that I have no money at all, no car, no house, no assets, nothing....I'm a stone broke college student. The alledged debt in question is also less than $1000, so thats something else I have going for me as well. I really am considering sending them an intent to sue because seeing as how the debt is so small...I'd be making money off the deal if I got them on more than 1 violation. Another update on this story...a little while after I hung up on said collector, I got another call from a woman who simply said when I picked up the phone, "Is the loser of the house there?" and hung up...
Charlie, after they stopped calling, another company contacted us about 2 months later and were VERY nice. I wanted it off my wife's reports so I negotiated a settlement paying about 80%. It's still on her reports... (Citibank) It's been a hard one to get off. But Citibank had charged it off and I was dealing with a CA. Man if I knew then what I know now I would have another $800 in my pocket with a deleted tradeline. Don't I feel like an idiot! I AM gonna get even (WAGE)