I sent a "validation" to the CA yesterday CMRRR, they got it today (they're in my state)..well I just check my messages...and someone from their office called and wants me to call them regarding me letter. WHAT DO I DO? Not call and wait the 30 days? Call and say "what do you want?" Help please
So just ignore their phone calls? (I know there will be more) My other question is...This was his message WORD FOR WORD.... "Hi Jennifer, It's Jim B*****, with XXXXXX, I'm calling regarding your letter that I received today. Pleae call me at xxx-xxx-xxxx" He flat out said who he was, and where from.....I don't live alone and ANYONE could have heard that message. Is this considered a violation? Should I save the message?
Another trick is that they ask you for info they need to validate - your SSN, the account number, etc, etc. Don't give them any info. If they don't know it's yours without you supplying info, they can't validate. Just sit tight, if you accidentally answer the phone and it's them, make an excuse to get off the phone without talking to them - like "hold on, someone's at the door." Then put the phone down and leave it til they've hung up.
Ok, I was already preparing myself for the possibilility of them trying to get me to tell them my info in an attempt to "verify" their accounts, couldn't that be what they're tryin to do with the phone call? I didn't put my telephone number on the letter, only my address, is it possible they are trying to get me to return their message to "verify" they have my right contact information in their own file? THOSE BASTARDS!
Well, they know they have the right address, cause you responded with a validation letter. But don't worry about that - just don't talk to them. They won't know if the phone number is right or not. Besides, they are trying to contact you prior to validating - that's a violation. Start a log of telephone calls and any other contacts they attempt.
Did you perhaps word your letter to say they should only respond by mail? That would very, very fortunate for you. I disagree about the suggestion to make an excuse if they call again and get you. I would be very direct and tell them you look forward to their written response. If they don't get that hint, tell them you do not want to be contacted by phone anymore. Get their name and write this info down.
Re: Re: Help--Hurry I did not specifically say "Do not call my home", but I did not place my telephone number ANYWHERE on the letter...and It specifically states "Please complete and RETURN the attached disclosure form", to me that would suggest via US postal mail.
Re: Re: Help--Hurry But they can legally can you unless you specifically state that they are to communicate only in writing. You should do that. Never talk to them. They'll claim you said things that you didn't. When everything is writing, there is a record of what transpired.
Re: Re: Re: Help--Hurry Good point...(Duh why didn't I think of that). I'm assuming their offices hours are prob. 9-5, and I don't usually get home until VERY late and leave EXTREMLEY early. Chances of them calling when I am actually home are non-existent, so I will just sit, and wait for the 30 days to expire, or return of their "validation".... Thanks for your help everyone! I really appreciate it.
Re: Re: Help--Hurry "Besides, they are trying to contact you prior to validating - that's a violation. Start a log of telephone calls and any other contacts they attempt. " -THERE IS NO VIOLATION TO "CONTACT" a consumer during the validation process. "Did you perhaps word your letter to say they should only respond by mail? That would very, very fortunate for you." -NO, NO IT WOULDNT! -I still dont get where this "limited cease communication" "THEORY" came from. -The right of a consumer to cease communication IS NOT SELECTIVE. EITHER THEY STOP OR THEY DONT. -Another "theory" being presented is that it is "inconvenient" to contact a consumer by phone therefore a limited cease communication letter requesting only mail contact is somehow legal. BOGUS! -All the cases and comments about FDCPA 805, ONLY APPLY TO THE LOCATION AND TIME OF THE COMMUNICATION NOT METHOD! -Try to get out of the "conspiracy theory" mindset. IF THEY WERE "SERVED" with a validation request, THEY MAY ACTUALLY BE CALLING TO TELL YOU THEY ARE WORKING ON IT, OR TO TELL YOU THEY WILL DELETE IT IF YOU PROMISE NOT TO SUE. -Additionally, the validaiton request MAY NOT BE VALID if it was out of the 30 day validation period. "He flat out said who he was, and where from.....I don't live alone and ANYONE could have heard that message. Is this considered a violation? Should I save the message?" -HOW IS THIS A VIOLATION Think about it carefully
Re: Re: Re: Help--Hurry Admission of Liability: The failure of a consumer to dispute the validitiy of a debt under this section MAY NOT BE CONSTRUED by any court as an admission of liability by the conumer. Therefor if I did not dispute within original 30 days, they can ASSUME it is valid, but it does not mean that I admitted to it, and they can continue to ASSUME it is valid, but the second I raise a doubt, their validity goes out the window until they can PROVE it is valid.
Re: Re: Re: Re: Help--Hurry -Again, another misconception. -THEY DO NOT HAVE TO "PROVE" anything UNLESS IT IS IN A COURT OF LAW. -IF THE VALIDATION/VERIFICATION/DISPUTE IS SENT OUTSIDE THE VALIDATION PERIOD, THE COLLECTION AGENCY DOES NOT HAVE TO REPLY, COMPLY, RESPOND, COMMUNICATE, CORRESPOND, THINK ABOUT, CONCIDER, OR OTHERWISE "ACT" EXCEPT to report the account as disputed if they continue to report it. -DO NOT CONFUSE subsections -The "purpose" of section (c) is to eliminate the arguement IN COURT that a debt collector can use the lack of a dispute as evidence against the consumer.
Re: Re: Re: Re: Re: Help--Hurry So basically what you're saying here, and everywhere else is... That the "laws" that were created to protect consumers aren't worth the paper they were written on? Should I just pay out have my income for the next year to pay for things that are being reported on my credit report, just because they are there and there's not a damn thing I can do about it, even if I do not recognize what they are, even if I do not recall ever receiving a bill for something, I should just pay it and go my way? Am I wasting my time, effort, energy and money on sending out letter after letter demanding that someone prove to me that I have an obligation to pay them? If that's the case, can I have your address, so I can send you a bill from my company, and put it on your CR.
Re: Re: Re: Re: Re: Help--Hurry Go get em Jen, hiding90 is really posting some false info. Keep up the good work. I think its time for an OP to restrict hiding's IP address from future posts. He is trying to scare the users here into submission.
Re: Re: Re: Re: Help--Hurry By law they can call between 8AM and 9PM unless you advise them not to call!
Re: Re: Re: Re: Re: Re: Help--Hurry -Dont think Ive ever said that. -Try actually reading what I post. -The laws are there to protect you, BUT YOU HAVE TO ACTUALLY READ AND FOLLOW THEM.
Re: Re: Re: Re: Re: Re: Help--Hurry Challenge to MGoBlue102, POINT OUT 1, just one thing that I have posted that is "some false info." NOT from what you THINK, or what you have HEARD, but from hard facts such as case law, statute etc. What you claim I am doing, false info, you have just done the same by not including WHY or evidence of WHY it is false. IF you want people to beleive what I say is false, they are just to beleive your word cause you say it is false? Restrict my IP address?? Ever heard of Farenheit 451, or 1984?Didnt they try to "restrict" also? If you are afraid of the truth, WHY come here? And if you think what I post is "scary", imagine sitting at the counsel table as a DEFENDANT in federal court having to answer to the judge on why you did what you did against the collection agency PLAINTIFF because "Jen from CN said I could do that!"
