Hello everyone, I'm new here but have been reading for some time. I've had a couple of e-mail exchanges with Lizardking and he's been great. I have 3 questions: 1. 90 days late with Beneficial account - received letter from Beneficial asking only for past due payments - with "this is an attempt to collect a debt by a debt collector" - but no "you have 30 days to dispute" -- is Beneficial now a "debt collector" since they have named themselves such in writing? Or are they still the original creditor? 2. I have sent partial C&D letters (CMRRR) to all creditors - asking only for contact in writing. Since then, Beneficial has called us 45 times in 12 days -- several of those to employer. I know original creditors can do pretty much what they want, does that include so many calls and calls to employer? 3. We have digital answer machine. How can I preserve answer machine messages -- worried that memory will eventually run out and don't know how much it holds. Any and all assistance is appreciated! tekgyrl
1. 90 days late with Beneficial account - received letter from Beneficial asking only for past due payments - with "this is an attempt to collect a debt by a debt collector" - but no "you have 30 days to dispute" -- is Beneficial now a "debt collector" since they have named themselves such in writing? Or are they still the original creditor? They must have an internal collection s department. Not sure how the FDCPA applies in this situation. 2. I have sent partial C&D letters (CMRRR) to all creditors - asking only for contact in writing. Since then, Beneficial has called us 45 times in 12 days -- several of those to employer. I know original creditors can do pretty much what they want, does that include so many calls and calls to employer? In case you get them on other violations of the law, I would make sure I could prove this abusive practice to strengthen my case. 3. We have digital answer machine. How can I preserve answer machine messages -- worried that memory will eventually run out and don't know how much it holds. Record the messages from the answering machine to a tape recorder. Hope this helps!
