Re: Re: Re: Bill Collector Visit? Just a cpl minor corrections; The "5 day notice requirement" in the FDCPA requires full disclosure of the dispute rights of the consumer. It's triggered from the moment of the "intitial communication". Since "initial" is not defined we revert to it's dictionary definition; FIRST! ([15 USC 1692g]) The "Mini-Miranda" is the little; "This is from a debt collector. Any info. will be used for that purpose". Also - your initial contact is a communication, defined thusly; (2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium. Therefore if they report to your CR, that is an intitial communication too. Although granted, recording a call like this would meet a higher level of proof, if permitted to be admitted into evidence, contemporaneous notes are also VERY valuable in consumer litigation. 1) Eye/ear witness 2) Recording or video taping 3) Contemporaneous notes 4) Verbal testimony Once you write this stuff down, especially when done at the time of the event, (Contemporaneous) it is presumed to be factual unless counterweighted by evidence of greater weight. And then when you fax/send that to them, a Prima Facie case is created that the event happened exactly as you describe. Sure, recording is best, but your not without ammo, in the absence of it. And finally, Tony's right. It does get better. .
Re: Re: Re: Bill Collector Visit? This is a little off topic, but if a debt collector shows up at your house, you tell them to leave and they don't, can you use the garden hose on their @ss?
Re: Re: Re: Re: Bill Collector Visit? Ha! I would. I use it on the neighbor dog who craps in my yard, so why not use it on a collector? I just want to reiterate what others have said...the OP should not let this bother him/her in the least. In fact, I wish a collector would show up at MY door. why? because anyone that bold probably has the type of personality to screw up royally and break several laws. He would probably only need a little bit of rope to hang himself. good luck!
