Collector calling employee

Discussion in 'Credit Talk' started by Dani, Jul 12, 2002.

  1. Dani

    Dani Well-Known Member

    Hi, I am having a small problem. I have a collection agency trying to contact one of our employees at work. So far, they have called five times. The employee they are trying to contact works out in the field and is rarely at the office. I have told the "collectors" that he is not here, they hang up on me. I have also told them that personal calls are not accepted and they must contact the individual at home. They still call. At this point, I am aggravated. I have not spoken to the employee because I do not know how to approach him. I feel like I am overstepping my boundaries. The collector refuses to give me their name and I have asked them to stop calling - so far I am out of luck.

    Does anyone have any suggestions?

    Dani
     
  2. cibomatto

    cibomatto Well-Known Member

    I have no solutions bt wanted to share that:


    Where I work we have a collection constantly calling for a employee who doesn't work with us anymore. We tell them this yet they seem to call weekly as well..
     
  3. LKH

    LKH Well-Known Member

    My phone co. has a feature where if you dial *69 immediately after receiving a call, it will give you the phone #. Then after you do that, assuming you get the #, call 1411 and ask them to reverse check the ph # for a name and address. If you can get that info, you can then send a cease and desist.

    The phone co's. also have a feature where you can dial 3 numbers after a phone call, and they will investigate and find out who it is and appropriately deal with them.
     
  4. keepmine

    keepmine Well-Known Member

    Dani,

    I agree it is kinda of an awkward situation. But, it may be the employee is not aware that they can write a C&D letter. I would be tempted to get them alone and just say "I'm not trying to get involved in your business but, a collector keeps calling and I can tell you how to make them stop".
     
  5. Dani

    Dani Well-Known Member

    I feel like I am butting my nose in where it doesn't belong. Plus I don't know the situation. Maybe I should hand it over to the President and let him take it from there.

    Dani
     
  6. mindcrime2

    mindcrime2 Well-Known Member


    It's *57 for us. It sends the last incoming phone calls info. to the local police.
     
  7. lynn112

    lynn112 Well-Known Member

    I agree that maybe a "one on one" conversation with the employee to explain the situation and let him know that he can make them stop. The employee may think his job is in jepordy if the company president becomes involved.
     
  8. Dani

    Dani Well-Known Member

    We have *69, but it won't work with our company's phone system. After speaking with them should I hit *57. Who should I contact after that? The local telephone company? The police department?

    Thanks.
    Dani
     
  9. mindcrime2

    mindcrime2 Well-Known Member


    Check with your local phone co. or dial 0 (operator) and ask them just to be sure *57 works in your area, and that it's the same number (57) that you dial in your area.

    After you *57 them, it sends the information from that call, such as who called you, number, etc., directly to the police dept. You would have to contact them (police dept.) after you do it.
     
  10. srhng

    srhng Member

    I am fairly sure that my layoff was in part influenced by the fact that collectors were calling me at work.

    They were ruthless. Calling adjacent phone numbers and getting my co-workers to transfer to me. I kept on telling them I cannot talk to them at work. Stop calling me at work!!!. I would give my home number. They still would call me a day later at work!!!.

    My employer layed me off about 2 months later. I guess he figured that would make the phone calls stop. The funny thing is... That allowed me to get a chapter 7 discharge (no income, no hope for income in this market. Lots and lots of debt). The calls to my old employer didnt stop.

    The admin that works there told me they still get called even after telling the collectors I do not work there anymore. I havent gotten a call at home since I gave them my case# and lawyers phone number. Should I give my ex employer my case# so they can get the calls to stop or is that being too nice to the guys who layed me off?

    Revenge is a dish best served cold.
     
  11. tac14033

    tac14033 Well-Known Member

    You've gotta be kidding!! Screw your ex employer, could be the best sweet revenge there is!! LOL!!!

    I just love it when a plan comes together! LOL!!

    Tac
     
  12. Gabriella

    Gabriella Well-Known Member


    Hi Dani, a similiar situation happened to me. A collector kept calling me (it was the original creditor) at work when I was allowed very few personal phone calls. I wrote the credit card company and asked them not to phone me at work and explained why. I told them to try me at home after such and such time. Once they even called while I was in a meeting and when the recep asked if it was a personal call (they wanted me to be interrupted!) they said it was personal. She told me though that she could tell it wasn't a personal one so she went ahead and just told them I couldn't come to the phone. They wouldn't leave a message of course. I wrote another letter to them asking them not to phone me at work. Next they called my supervisor! I was floored. I wrote another letter to complain and make another request not to call work, and I reported them to the FTC.

    Anyway, what I'm getting at is I think you should definitely say something to the employee and do NOT mention it to the president. That will only embarrass the employee and might even get him/her in trouble. True, it will probably be difficult for you to do if you are not close to this person but I bet they would appreciate the heads up and any advice you can give.

    Good luck...
     
  13. mindcrime2

    mindcrime2 Well-Known Member

    Dani,

    If you feel comfortable doing so, I suggest you advise this employee of his rights under the FDCPA. Maybe even print out this post (below) so that he'll know what he has to do, and what legal rights he has against the CA, once they've been put on notice.


    From the FDCPA:

    § 805. Communication in connection with debt collection [15 USC 1692c]


    (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

    (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.


    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;

    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

    If such notice from the consumer is made by mail, notification shall be complete upon receipt.


    (d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.




    Also:

    § 806. Harassment or abuse [15 USC 1692d]

    A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:


    (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.


    This is exactly what they are doing, since they have been put on notice several times before to stop calling. But to make it stick, have him put it in writing to the CA.
     
  14. cable666

    cable666 Well-Known Member

    The CA can't talk to you about the subject. But they make it clear why they are calling. They want to exert pressure on the debtor to pay.

    Once informed that that the person can not get calls at work, it is illegal for the CA to call there.

    I had CA's try this on me. I told them that I can't except calls at work. 5 minutes later they call me back and ask to be transferred to the president of the company. I refuse (I recognize the idiot's voice) and inform her that she just broke the law by calling me at work. She claims she wasn't calling me, she was calling the president. It's all a load of crap. I told her that she had called ME, and that I was going to now sue her and her CA for violating the law. That stopped that idiot in her tracks.

    Stop being nice. Tell them that you know that they know that personal calls are not excepted, and that you are going to recommend that they the debtor and even the company will sue the CA for violations. That should stop them.

    As long as you allow them to use you to do their job, they will try it. Just be an ******* and tell them where they can shove they calls, and if they call again you will have the company lawyer file suit for interfering with the business.

    Don't get the president involved. That is why he hired an HR department. This crap is actually very common and you should know how to deal with it. It will make you look bad.
     
  15. breeze

    breeze Well-Known Member

    I agree, flip it back to the CA. You can anonymously leave information where this employee can find it. Print up some info and "drop" the printouts in a place where this person can't help but see it.

    The CA is using the people who work there, and putting this person's job at risk, and the CA is the one in the wrong - they are violating the law.
     
  16. GEORGE

    GEORGE Well-Known Member

    If you are 100% POSITIVE that it is a "COLLECTION AGENCY" calling------->

    "I'M SORRY, THE EMPLOYEE WAS TERMINATED DUE TO EXCESSIVE COLLECTION AGENCY CALLS AT WORK"
     
  17. Dani

    Dani Well-Known Member

    Thanks for the information everyone. The employee will not face any ramifications because a collector is calling. The employee is a hard worker and all around nice guy. I just hate having to deal with this stupid CA/creditor because they won't stop calling.

    Thanks again.

    Dani
     
  18. GEORGE

    GEORGE Well-Known Member

    If you are 100% POSITIVE that it is a "COLLECTION AGENCY" calling------->

    "I'M SORRY, THE EMPLOYEE WAS TERMINATED DUE TO EXCESSIVE COLLECTION AGENCY CALLS AT WORK"


    ***TO CLARIFY...THIS IS WHAT YOU TELL THE COLLECTION AGENCY...THERE IS NO LAW SAYING IT IS ILLEGAL TO "LIE" ON THE PHONE TO A COLLECTION AGENCY!!!***
    DON'T TERMINATE THE EMPLOYEE (ALTHOUGH SOME HAVE BEEN)...
     
  19. gib

    gib Well-Known Member

    "This is not sales call, please hold for an important message."


    I was getting this at work at least 5 times day. I finally "held" for the important message. I was on hold for at least 5 minutes. It was of course a CA wanting to speak with one of my employees. When the woman picked up, she sounded shocked there was actually somebody on the line.

    I read her the riot act. I told her I was sick and tired of this happening 5 times a week and they better take our number out of their damn dialing machine. I told her they were wasting my time, and wasting the secretary's time, and to call the employee at HOME. She asked if I were his supervisor, I told her I was. "Ok. Thank You" End of calls.

    Gib
     
  20. breeze

    breeze Well-Known Member

    Silly, but it probably helps to have an authoritative-sounding male voice. LOL.
     

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