I posted my question to another board, and they directed me here. Hopefully someone can offer some sound advice. Several months ago I moved to China. During that time, I have serviced the debt that I am able to, however some has slipped. One such account was passed on to Viking Collection and they have been less than helpful. 1) On the first call, I told the person that I currently have money in RMB, but I cannot freely convert it to USD. The agent told me that I can convert it through friends/colleagues. I already knew the answer but asked around anyway... since the RMB is controlled, exchanging it in that manner is illegal. 2) On the next call I told the collector this and he said, "I don't care if it's legal or not." He then told me that he has lawyer friends in my city (maybe they can help if I get caught?). Following this he asked if I knew how to speak English (when asking how to spell his managers name), he later yelled, "Do you know who I am?" I asked him if there is something that I should be aware of? He said no. This verbal assault continued. 3) Later that day I spoke with a manager and she retracted the "money exchanging" advice and said that she did not recommend doing that. I asked who the governing body over her organization is and she pointed me to the FDCPA. We agreed to talk in 24 hours. 4) When she called back, she yelled at me and accused me of "hiding out in China" and that "this will be here when I get back". When she was through with her diatribe I asked if she could send me a verification letter regarding my debt as the Act states, she replied, "I don't need to be lectured on the FDCPA". She also said that since I am in a foreign country, the FDCPA does not apply to me or her, despite the fact that she is in MN. I've already filed a complaint with the FTC, but how do I proceed? What are my options? She is not willing to supply me with anything?! Thanks in advance....
Listen to Butch. Send them a limited cease and desist letter telling them to only correspond to you via MAIL at the above address. Then no matter what, do not call them. Yes, you want to resolve this, but talking to them on the phone is more dangerous then not trying to resolve this. The phone is their weapon. The pen is OUR weapon. They can twist what we say on the phone in any way that they want, they can not twist what they've been stupid enough to put down onto paper, no matter how hard they try. Now, if you are a U.S. Person who is in a foreign country; the FDCPA should still apply to you, but as far as I know this hasn't been an issue which has been litigated, thusfar. The FDCPA has been at least by the FTC interpreted to include FOREIGN CA's attempting to collect debts within the U.S. Berger Opinion http://www.ftc.gov/os/statutes/fdcpa/letters/berger.htm
Stay off the phone> They'll beat you over the head with it. Instead what you do is send them the Validation letter. Send it CRRR. Once they get it they can't try to collect till they furnish it to you. If they try it's 1000 for you each time.
I posted my question to another board, and they directed me here. Hopefully someone can offer some sound advice. chinaexpat ============================== I took a look at your Post on the other Board. Just by posting here You experienced a 300% gain in views and a 400% gain in replies. Pretty impressive if you ask me! ***************
Thanks for all the help so far, again tonight I was told that the FDCPA does not apply to me. This, of course, was after they recited my last home in the US and said that they should be sending all my mail there. I continually stated that I have every intention of paying this bill, however I need to verify the amount and history. As predicted, this went over like gas on a fire. I'm faxing in a cease and decist shortly. Oh, and at the end of the conversation (I informed them that the conversation was over and I was hanging up), he was yelling, "I will call you tomorrow, and the next day, and....." Again, I appreciate the service that you've provided so far. If anyone can direct me to an expert on the FDCPA and US citizens abroad (if there such a person?), please let me know.
Thanks for all the help so far, again tonight I was told that the FDCPA does not apply to me. This, of course, was after they recited my last home in the US and said that they should be sending all my mail there. I continually stated that I have every intention of paying this bill, however I need to verify the amount and history. As predicted, this went over like gas on a fire. I'm faxing in a cease and decist shortly. Oh, and at the end of the conversation (I informed them that the conversation was over and I was hanging up), he was yelling, "I will call you tomorrow, and the next day, and....." Again, I appreciate the service that you've provided so far. If anyone can direct me to an expert on the FDCPA and US citizens abroad (if there such a person?), please let me know.
