Ok here is the situation. I have an account with a CA that I paid to the OC for 36.00(old Elec. Bill) Thus I never had contact with the CA. I had moved and OC sent my final bill to the wrong address, after realizing this I guess they had already sent it in to the CA. Well I paid them in full. Now fast forward to 4 months ago. I apply for a AMEX card and get denied, reason CA account. I pull the report, it is paid but listed on collections. This is the first time I become aware of the CA. I request validation on three seperate times-no response. They verfiy accurate with the CRA. Finally after an intent to sue fax and failure to respond to that, they didn't verify with the CRA and it fell off. Now my question is, there is no debt, but this CA will not stop calling me. I have told them that there was nothing to talk about and they said it was an error. I have been called once a week every week for 6 weeks now. They just hang up or leave a message to call them. I have it all on caller ID. What law can I get them on? I have told them on five differrent occasions to leave me alone. They tell me they are calling the number not me-I've had this number for three years. I just want to sue the hell out of them to prove my point. Once again anybody know if I can sue under the FDCPA or any other laws? I appreciate any help. Also, I would block the number and be done with it, but they have 100 different numbers!!
Not an expert at anything, but you can send them a cease and desist letter by certified mail telling them not to contact you any further. If they contact you after that, then file suit. L
Send them a C&D. If you have proof that they verified to CRA after failing to validate, you can sue but you have to have proof. Also, just because they removed it from your credit report doesn't mean the debt doesn't exist. They may have done that to avoid a lawsuit. If you have proof you paid it and can prove the violations above, you could probably win in court.
Quigs, FDCPA § 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: (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act. (4) The advertisement for sale of any debt to coerce payment of the debt. (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. (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity. Have you considered asking the OC, electric company, for help -- they can be held accountable for their CA's. Since they are playing with you and you've no debt and they know it, I think I'd make a trip to radio shack and invest in a recorder; call the phone company and request logging, not sure what their proper term is for that service; and engage the next caller trying to get their name or something that would clue their boss in to their identity. A debt collector can be held liable for their specific actions and they seem to be double-dog daring you to do something about it. Then I'd do the cease and desist for additional calls. Sassy
