Here is my story... I had a CC charge off for approx. $4,000 back in 1999. I have been paying the CC internal collection Depart all this time. They recently sent my accoun to an attorneys office for collection activity since they were not happy with my small monthly payments. Get this, the attorney office collector called last week and keeps hanginf up on me after she yells at me, because I very calmly tell her that many of the collection tactics she is taking have violated the FDCPA. For example, although she claims that her office sent me a debt notice, I have not received one. The only notice that I received was her initial telephone call, which she did not tell me that this was an attempt to collect a debt and that all info can be used for that purpose. ALso, even after I gave her a correct address and a phone number she can reach me at, she called another number of my family and left a message on the recorder that certainly gave indicated that this was a debt collector. Also, when my sister called back the number on the message to let them know the correct number, they told my sister, a third party, that I owed a debt! ALso, the collector who calls here raises her voice and states innapropriate things, and would not tell me her mailing address, she just says, find it yourself and she hangs up. This would be considered to be lack of providing appropriate representation information in my opinion as well as being harassing and annoying. The collector called back today and I remained calm and told her of her violations of the FDCPA, and she raised her voice and told me "You cant dictate to me" and hung up. I did manage to get her adress from the receptionist and I am going to send her a validation letter as well as describe her violations of the FDCPA. Just wanted to pass this on to you guys. Just FYI, the collector said many false things to me, such as they were not a collection agency but an attorney's office, also she said that my account was sent to 2 other collection agencies and finally it reacher her...this is false because i have a consistent payment record with the CC's company internal collector. ANy observations?
Next time she calls, tell her that the conversation is being recorded. Her tone should change. If not, you have her by the toes! ; ) Either way, she has violated the FDCPA. Ask to talk to a different rep of the company. Dustin
My .02 cents: She is getting angry because you are refusing to be bullied by her. Good for you! SHe is absolutely in the wrong to be communicating any debt info to a 3rd party, and she knows it. She is counting on you not being aware of your rights. I would first of all file a complaint with the BB (you can do this on line) and also with the FTC, (although it probably wont help you now, it will build a base so that if other people complain about her or her firm, something can be done about it.) Dont allow your self to be treated this way. Report her abuse to the Atty General of your state. They will send you the appropriate paperwork (again, you can do this online.) Finally, if you are so inclined,you could advise her that you will file a suit if she continues her antics. I myself am loathe to file suit, but this is such a clear infraction of FCRA that Im sure you would have grounds (Im thinking defamation, for one.) I also agree with telling her you are recording her conversation..
If you really want to get her back, do exactly has Marypc has posted above. I would quickly right them a letter of your intent to sue them if they continue abuse. OF course name her butt. roni
