I have recently been getting phone calls concerning a debt i supposedly owe on a BofA Credit card. I know this debt has been sold to a CA. The collector calling my house claims he is "with BofA" I usually dont answer but I did the other day and he said "this is so and so with BofA". I said I refuse to talk to you because you falsely represented yourself. My guess is that this claim of being a BofA employee is illegal. Is there any way I can use this mans illegal collection practices to my advantage. I was waiting for CHOD to begin work on this negative item on my report. However, I am getting really annoyed with this collectors unethical/illegal collection practices and really want to start fighting back. Advice please.
Are you sure that this isn't an in-house collections department? I know that some banks have their own collections. Cap One does for sure. If that's the case, while it's been "transferred to collections" the collections is also part of BoA.
It is not "in-house" collections. BofA is stil reporting it with CRAs. as "Sold to another lender". It is then reported as "in collections" by the CA.
Uh, might be a stupid question but, why don't you ask them who owns the debt and what their address is. Thereafter, you can ask for validation and issue a partial cease and desist if you don't want to hear from them via the phone. Right now, you're in the realm of speculation and you have no actionable claims.
I know the CAs name and address. So i am not speculating. I am asking if I can use their unethical/illegal practices to help leverage my position. Perhaps a mention in a validation letter that I will not tolerate this practice. etc. just looking for suggestions. If a plain old validation letter is the recommended way to begin...so be it.
Keep your communications brief and legal. Don't go gettin' all up in their face or talkin' big. Save that energy for your law suit (where you'll need it). These people are not going to be intimidated by you, your form letter that you downloaded from the internet or how much you can quote the FDCPA. You need to be very "Joe Friday" about all this--Just the facts. 1) dispute the account 2) ask for verification 3) tell them to stop calling you 4) tell them to respond in writing delivered by U.S. Mail. No more. If they don't know what their obligation is under the law, then it's payday for you when you sue them. Read and understand the FDCPA. Keep a detailed log of their actions or inactions. Monitor your credit report (and dispute as necessary). Sue them when you are ready. Don't let them suck you into playing the game their way.
