Ca Harassment!

If they don't intend to YES,

Send a partial C/D letter, to only communicate in writing to your home address

 

OMG don't erase that voicemail! How much is the debt for? I'd be calling them back, you can probably get the rep fired. You could probably even get them to forgive the debt. Tell them you have no problem playing that voicemail for the judge when you take them to court.

 

Your quote says,possibly, I would not push your luck, maybe they can if they decided too.


I would send a letter that all communications is to be done in writeing, and fax it to them too. Tell them you are going to faxit to the FTC and ATTG if they don't stop calling you at home. Try to talk to the CA as little as possible.

 

Whether they intend to garnish wages or not is NOT the issue. The issue is that a CA called and left a message that, if listened to by a third party (which is highly likely considering that their voicemail doesn't ID them by name and they may live with other people), would obviously be interpreted as being a message from a debt collector. Third party disclosure! I'd say nail 'em and nail 'em hard. Whether they intend to garnish is irrelevant.

 

Well, that is probobly true, but It could have been a mistake, under the FDCPA they are allowed to make mistakes, their must be a PREPONDERANCE OF EVIDENCE that they do it on a regular basis. 1 mistake doesn't hold much water, he make document it and if it keeps happening after his letter then he might have something sold, ...if you like I will post the FDCPA section that calls that out!!!!

 

under the FDCPA a violation is a violation. Your only burden of proof is whether it was intentional or unintentional.

Unintentional: CA calls and asks for Jeff. You say "this is Jeff". Then they disclose account information to you. You then say "oh you need my father Jeff Sr."

Intentional: CA calls up and gets your voicemail/answering machine and it is questionable that it is even YOUR answering machine (IE no identification). They then proceed to say they will garnish your wages unless you pay/callback.

Unless you can prove the collector calling had the IQ of an eggplant, it's obvious that he knew what he was doing by leaving the offending message on the voicemail.

This is a blatant, inexcusable violation. If someone called my company and played that message, the rep that left it would be fired on the spot no questions asked.

 

Upon re-reading your post I realize that you agree it is a violation but that it wouldn't hold much water in court. I agree with this, and if you search for my posts, I always recommend a paper trail. Also, if you reread my original post in this thread it doesn't say to TAKE them to court, but merely to threaten it. Besides, CAs do it all the time ;-)

I guarantee they could at LEAST get the rep fired. Not that it'd do a whole lot.

 

I agree, you will get him so fired up that he might just go ahead and get a garnisment on you.


That's why I said don't push your luck, just use it as leverage to hav him stop calling you.
i.e., ... write a letter to CA


Mr. CA' I notice that you have been calling my house and leaving messages, I'm a busy person, and I do pay my bills, I'm excersing my right under the FDCPA and requesting VALIDATION of this debt and also under the FDCPA requesting you contact me at the following address in writing. "

That should stop the calls and if he keeps violating then you can start building you paper trail.

 

Garnishments can only be done as a post judgment action. A number of states don't allow collection agencies to sue--only original creditors. Does this collection agency own the debt? If no, does your state allow collection agencies to sue on behalf of creditors? If no, the collection agency could never get a garnishment on you making the statement from the collector clearly false.

 

Re: Re: Ca Harassment!

I understand that, but what I was getting at if you push your luck you might motivate them to take that route quicker.

Sending a DV and Partial C/D will slow the collection process down and maybe they will slip!!!!!!

 

Harassment!

A number of states don't allow collection agencies to sue--only original creditors
prafces
======================
What states?
THE END ** *** ** LB 59

 

Re: Re: Ca Harassment!

. A number of states don't allow collection agencies to sue-
prafces
======================
I don't beleive this - any body can sue anyone.
THE END ** *** ** LB 59
"""""""""```~~~```'"""""""""

 

Re: Re: Ca Harassment!

I disagree. A violation is a violation and is actionable. By your logic the police could only ticket you for running a red light if they could show that you do it all the time.

Also, 1 mistake holds a lot of water when he is a Professional in his field and is supposed to know better. "Gee your honor, I know I left that scalpel in my patient's gut but I didn't know it would be a problem if I left just 1 scalpel in 1 patient's gut."

 

Re: Re: Re: Ca Harassment!

Well your examples about the doctor an police don't apply to the FDCPA, that is the document that regulates the behavior of CA'S. Read the section on CIVIL LIABILITY:

... here is a piece of it.

(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.


... So, there might be away out.


I would ask BUTCH or one of the very senior members!!!!!


... Of course I culd be wrong I'm not a lawyer!!

 

Re: Re: Ca Harassment!

1*It would behoove you to have the courtesy and return my call"
2*I am thinking that maybe this is normal practice and might not violate any law!
3*any other suggestions?
cooolboobs
=========
1*If getting snowed by a CA is behooveure You are being behooved.
2*Violating the law is a CAs normal practice.
3*You need to educate yourself concerning your rights:
I suggest
A*
you read the 3 Intro threads found at the top of each page.
B*
Read the validation links below.
C*
Read and familiarize yourself with the consumer protection laws such as FDCPA
FCRA Etc.
In the meantime send the 2 CAs this validation letter:

Here is the Validation Letter you want to send.
Don't make any changes on it and don't hand sign it.

Your Name
Address
City State Zip

Company
Address
City State Zip

Date

RE: Account #_________/Original Creditorâ??s Name

Dear Sir/Madame:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,


Your Name don't sign


- - - Include the following on a separate sheet of paper - - -


CREDITOR DISCLOSURE STATEMENT



Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

Date_______/_______/_______

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

^^^^^^^^^^^^^^^

THE END ** *** ** LB

 

1*It would behoove you to have the courtesy and return my call"
2*I am thinking that maybe this is normal practice and might not violate any law!
3*any other suggestions?
cooolboobs
=========
1*If getting snowed by a CA is behooveure You are being behooved.
2*Violating the law is a CAs normal practice.
3*You need to educate yourself concerning your rights:
I suggest
A*
you read the 3 Intro threads found at the top of each page.
B*
Read the validation links below.
C*
Read and familiarize yourself with the consumer protection laws such as FDCPA
FCRA Etc.
In the meantime send the 2 CAs this validation letter:

Here is the Validation Letter you want to send.
Don't make any changes on it and don't hand sign it.

Your Name
Address
City State Zip

Company
Address
City State Zip

Date

RE: Account #_________/Original Creditorâ??s Name

Dear Sir/Madame:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Sincerely,


Your Name don't sign


- - - Include the following on a separate sheet of paper - - -


CREDITOR DISCLOSURE STATEMENT



Name and Address of Collector (assignee): _________________________

Name and Address of Debtor: ____________________________________

Account Number(s): ____________________________________________

What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

Has the purported balanced of this account been used in any tax deduction claim? YES/NO

Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

________________________________
Authorized signature for Collector

Date_______/_______/_______

Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

^^^^^^^^^^^^^^^

THE END ** *** ** LB

 

Re: Re: Re: Ca Harassment!

changed