Re: Re: Re: Re: Re: Re: CA calling at 3 Uhm, you confuse me with this one. A Cease & Desist letter will certainly make the calls stop, but it's not "the" answer to this situation, it has nothing to do with the calls being an FDCPA violation or not. There doesn't need to be an FDCPA violation to use a Cease & Desist letter. Morality is a control mechanism? That statement speaks for itself, I can't add anything to it except to say I'm sorry you think that way. I'm trying to control people? I suppose you could look at it that way, but if you do you have to admit you're trying to control people too. There is an old saying. Where two people share the same opinions, one of them is unnecessary. I've never thought it very important to conform with the majority. The majority isn't always right, and they don't always make the best decisions. One final note on Cease and Desist letters: In my opinion, a Cease and Desist letter should only be used when the calls from the bill collector are so disruptive/abusive that they interfere with the debtors ability to deal with the problem. Getting collection calls at work that may threaten your employment is a perfect example. It's really hard to pay a bill (or defend yourself from unfair practices) when you're unemployed. A Cease and Desist letter will make collection calls stop, but as long as the collector is calling, that means the creditor is still trying to make voluntary arrangements on the account. While getting collection calls is not a nice thing to experience, it is better than some of the alternatives. Once you have sent a Cease and Desist letter, you only leave the creditor with two alternatives: 1) Let it go, stop trying to collect. 2) Sue. Which option any one creditor will choose will depend on the creditor and their collection strategy. The debtor really needs to be aware of the risk involved in sending these letters. A Cease and Desist letter should never be the only strategy used in dealing with a creditor. It's best used to give the debtor some breathing room while they arrange something else, like payment or legal defense. An exception to that would be if the collection attempt is really stupid, such as a creditor trying to collect a debt that is out of statute.
Re: Re: CA calling at 3 am. FDCPA quote: -------------------------------------------------------------------------------- A collector can call at work between 9pm and 8am because at work, they can't wake you up. -------------------------------------------------------------------------------- *Don't bet on that !!! lol Bill Bauer =================== *Rite Bill a lot of folks are asleep on the job,especially CAs OCs and CRAs. Double LOL on this one . one for me and one for you. The END ************************* LB 59
Re: Re: Re: CA calling at 3 am. FDCPA? Where in the FDCPA does it say that? I cant say I've ever seen that anywhere.. please cite.
Re: Re: Re: CA calling at 3 am. FDCPA Below is how I do it. It's so simple anybody that doesn't have a mental block can understand it. Quote Poster ================================= My reply
Re: Re: Re: CA calling at 3 am. FDCPA Y'know I was getting pretty close to making that request myself. I wonder if he does it intentionally
Re: Re: Re: Re: CA calling at 3 am. FDCPA Well, I've got a mental block, so would you please consider doing it the regular way? Doc
Re: Re: Re: Re: Re: CA calling at 3 am. FDCPA I didn't know you had one to block. Low blow I know, sorry doc but some times I just can't help myself.At leqst you can be proud of me for doing it the regular way.LOL
Re: Re: Re: Re: Re: CA calling at 3 am. FDCPA ALRIGHT! LOL, no offense taken. Actually, the "standard" quote sets off your signature really nicely so everything becomes really clear to me -- which piece is the quote, which is your comment, and which is your sig. When you do it "lb" way, lol, it all kind of blends together and I have to work triple-duty to sort it out. (That mental block again, lol.) Doc
Re: Re: Re: Re: CA calling at 3 am. F Thanks Bill. I just hit the quote button, highlight all that I DON'T want and delete that. Just saves us from trying to figure out who said what.
Re: Re: Re: Re: Re: Re: Re: CA call Granted that there doesn't need to be an FDCPA violation to use a Cease & Desist. Cease & Desist can create the violation however. But none of that is the real point in the first place There isn't really any other way to think of it in my opinion. How else do you think it is used. Teaching? Same thing. All of us are one way or the other. In a far fetched sense, even the newbie posting his first question might be said to be trying to control the actions of others. After all, he wants to get an answer don't he? And in order to do that he has to entice someone to answer his questions. So in a sense he is trying to contol the actions of others even though that is the furtherest thought in his mind if it even exists at all which it normally would not. Far fetched? Yes, but it's a bit like the anology of walking. We never stop to think about it while walking but walking is nothing more than the process of repeatedly falling down and then putting out the next foot to prevent the fall. Well, that is your opinion and of course you are entitled to it. But my opinion is that they should always be used to prevent the inevitable. The fact of unemmployement has nothing whatever to do with the defense or control of unfair debt collection practices. The unemployed and the employed can both do it equally well if they know how. That statement shows that you are not all that familiar with C&D. Vaguely familiar, yes, but that's obviously about the size of it. My students are thoroughly instructed in their use. Of course. Just like validation and estoppel. They too are only a part of effectively dealing with a creditor or collector. A very necessary part, but only a small part. Both of which are purely defensive strategies. I don't talk about or teach much about defensive strategies. Wars are not won by defensive strategies. Only offensive strategies win the battle. Under all normal conditions a legal defense is going to be a loser from the git-go. That happens all the time too. If there is something stupid that can be done a debt collector will usually do just that if he is given even half a chance to do so.
Re: Re: Re: Re: Re: Re: Re: Re: CA call Prevent the inevitable? Oxymoron. Naturally the employed and unemployed share the same legal rights. It's just that the unemployed may find the distractions of maintaining food and shelter take away from their ability to focus on defending them. Given a choice, I'm sure you students would prefer to maintain their employment. That's a pretty vague statement, Bill. How does it show that? You need to give a little more information. Are they? If I had a teacher that said always use them to prevent the inevitable, I'd take a long hard look at the cost of tuition. Cease and Desist letters are an important part of defending consumer rights, but they are not silver bullets. The consumer that chooses to use them needs to be aware of exactly what they do and what the risks are. Well, then let me end this on the point we agree on.
Re: Re: Re: Re: Re: Re: Re: Re: CA Mycroft, seems obvious to me what the problem may be. Although you say that you are no longer a collector what assurance do we have that such is true? Given the fact that the ACA has just recently put up an article in their sleaze rag hollering about how people ought to trust their friendly "professional" bill collector and not listen to those who tell people not to talk to them on the phone because that will surely hurt them terribly and then we get you in here basically trumpeting the exact same old tripe and ranting and raving about how my students ought to take a long hard look at the cost of tuition and all of that in the face of statements made by people such as nvbonedoc, psychdoc, Tuit and lots more telling how much my teachings have helped them it should be obvious to one and all that you very well may be using such weak attacks as you might be able to muster in an attempt to chase people away from that which is hurting your industry pretty badly. I am beginning to think that you have got the idea that by simply claiming that you only used to be a bill collector you can win friends and influene people. I believe that folks around here are smart enough to understand that no normal person would put so much effort into trying to create a positive image for the collection agency if they didn't actively work in that area. We have seen real ex-collection agency people here and they have all had a totally different perspective than you do. Just putting all the available evidence together seems to me that the only logical conclusion to come to is that you have a pro collection agency agenda to push and you will continue to push it to the bitter end no matter what that might turn out to be. That's what I think.
Re: Re: Re: Re: Re: Re: Re: Re: Re: CA Lol! Bill, you continue to amaze me. I guess none of us know anything about anyone, do we? For all any of us know, nothing is real and all our brains are wired into a giant computer that simulates what we think of as reality. Have you seen the Matrix? For the record, I quit the collections business more than five years ago when I got my first job in the mortgage industry. If you choose to believe otherwise...<shrug>
