I faxed a demand/intent letter today, on an unpaid utility that was pretty much validated, but I still have them on some violations. I wanted to put them on the defensive to get a settlement for deletion. Now that he called, I'm nervous. There was a message on the machine when I got home, and he wants my hubby to call him (which is out of the ??, as he doesn't know what to say) I was thinking of faxing another letter telling him to contact us only by fax. I told him in the letter to respond via fax, but I guess he decided he didn't need to do that. Any suggestions? He certainly called awfully fast. About 2 hrs. Any guesses as to why?
Probably to propose some settlement offer in order to avoid the lawsuit you've threatened him with. If you call him back & the two of you arrive at a mutually agreeable settlement be sure to have him fax the propsal to you with his sig on it before you send any money & be sure the terms are what you agree to. As long as you have valid violations you have some power here so talk to him & don't be too scared. Good luck & let us know what happens ok?
WHAT CAN YOU SAY ON THE PHONE~~~THAT YOU CAN'T PUT IN WRITING??? [CLARIFY] If they say (ON THE PHONE) you can pay $100 and they will NEVER bother you again...where is your proof???
Well Tracy, I'm new to the board but have a lot of experience dealing with collectors and with people in general. My guess would be that you've got him worried. Take your own advice and communicate via fax or some other written means. If you have a burning desire to make that phone call, I would suggest you invest in a device to record your conversation (many answering machines have this capability) and inform the CA right up front that they are being recorded. They must believe you have a pretty good case against them or just don't want to chance it. A response within 2 hours, and from the CEO no less! LOL, you've got them on the ropes and they're probably going to try some last-ditch effort to intimidate you into caving. I would send them another fax or letter restating your intent to sue and requesting that all further communication be in written form. If they don't give in, go ahead and file your suit. I wish you the best of luck.
Tracy- Was it a 24 hour intent to sue?If so, then I could see why someone would call you. How long did you give him til you filed suit? If it was like 10 days, call him and tell him your husband went out of town right after faxing but told you to deal with it seeing as he's kept you up to speed on whats happening. Make sense?
No.. .....just call him and tell him if he wants to deal CEO to CEO he has to deal with you..... .....no way are you going to let him off easy and let him deal with "Mr. Nice Guy" (your husband)..... .....he has to deal with you the iron-willed legal Wonderwomen of Credit Net fame...... JohnM
You guys crack me up. Actually, I gave him til 5pm friday. I don't think I'll call him though. I think I'll fax him a note tonight, telling him to reply via fax. I don't want to talk to him, because there is too much of a chance of slip ups. I feel like it puts him at the advantage, because they are probably recording the whole conversation. George is right, what does he need to say to me over the phone that he can't put in a fax. I'm impressed that he got back to me so fast. He's probably calling to laugh at us. LOL Oh well, I'll fax him later tonight, and let you guys know if I hear from him tomorrow. Wish me luck! (hey, if they were to come up with some $$$, can I use it to pay the OC, or is that just opening a whole new can of worms? LOL wouldn't that be a kick in the pants, getting $$$ from the CA to pay off the OC? LOL) Don't worry, I"m not really thinking they are going to shell out some $$$, but a girl can dream!
Well that's fine and dandy BUT some states have laws against that (speaking to the spouse) in fact MY state has that law. NH State Act covers things the FDCPA doesn't, such as speaking to the spouse AT ALL, none of that one time crap.
My wife has told more than one credit card company to talk to me!!! The only one who "BALKED" was our friend...MR COOKE!!! She said I won't talk to you...I'm home sick...HE RELENTED. DOES STATE LAW "SUPERCEED" THE WISHES OF THE SPOUSE???
George, Of course not. I'm assuming your wife was telling a CC company to speak to youregarding HER account? If she told them to speak to you, then that law no longer covers you anymore. BTW it's for CA's not CC companies.
Whenever I wrote a letter on behalf of my wife to any CA's or OC's I always noted at the end of the letter. "If you have any questions regarding this letter or account please contact my Husband Mr. Tac, he has full power of attorney over my business affairs and decisions over this matter." I then give them my cell phone number so I know they will contact only me! Any calls I've ever had on behalf of my wife's creditors they have always asked for me and not her since that is what I have in writing to them. My wife wouldn't know the jack about dealing with these people, she was called one time about a collection account and was about ready to give them our checking account information to make a payment. I nearly blew the roof off the house!! She now knows to tell anyone to contact me and me only! Word your letters like that in the futur and you'll have no problem dealing with your husband's affairs. Tac
Dear Ms.Kellie, I'm sure Mr Law Breaking Pond Scum (CA CEO) could give a rats ass about the law. He didn't before so why should he now? Besides if he does talk to her it's another violation and mo' money for Mr. & Mrs. Nice Guy! Sinceramonto, JohnM ps Your idea of telling him her husband authorized the convo is still against the law. Example: Courtroom in Buffalo JUDGE: Mr Pond Scum (CA CEO), did you , on or about 10/28/02 speak to Mrs. Nice Guy re Mr Nice Guys debt? MR POND SCUM: Your Honor! She told me too..She said it was OK with Mr Nice Guy! Kellie told her it was OK! JUDGE: Guilty!!! - Hang Um High ! 5 Gazillion Yen are awarded to the Nice Guys.......Next Case.... So....fine and dandy... Ms KelleiBo...before you whack me ideas up side the head with a stick..get your feet on solid legal ground...it's no fun to fall in the mud of murky legal waters. pss. <above post written while in sarcastic mode - the views expressed in no way represent the views of the authors- (who is uber-PC and a very nice guy)- no further opinions will be expressed by the author on this highly delicate subject >
They won't have a problem talking to her when her and her husband are BOTH listed on the lawsuit they are going to be getting! That is why I also have a power of attorney drawn up, I made it with one of those law programs and got it notarized, my attorney says it is definetly offical and I can sign my wife's name and act on her behalf. I have faxed a copy to a few creditors who requested it. Do that and you aren't breaking ANY laws! Tac
I would call the CEO but that is just me and I can handle these people easily. It is the curiousity that would kill me enough to make me call.
Unfortunately it's not that simple. The CA may in fact talk to a spouse. Since the CEO called Tracy I think she should call him back and ask "What do you want"? You may discover that he's willing to delete and drop the issue if you agree not to sue. DO it now. These are emotional decisions and the window of opportunity may be VERY short. Let him do all the talking, after all he made the call not Tracy. If he starts asking questions my response would be "YOU called ME. I assumed you had something you wanted to say, so say it." This business of "what can you say on the phone that ya can't say in writing" is not ALWAYS the best approach.
But Butch, technically, he called my husband. I wrote the letters, but I signed his name to them. So, when the CA called, he asked for my husband. I guess I could try to call him, but I don't know if he'll talk to me. I faxed him a letter from my dh telling him that he wouldn't be available by phone, but would be able to receive a fax (which is true, he's working 9am-10pm today) I guess I could call and try.
Well ... Tracy, I would go ahead and make the call. Just let him know you're handling this today because as the fax stated, he's not available. Remember, you're ONLY calling to find out what he wants. Let him do the talking and don't admit to anything. When a CA tries to get me to admit something all I give them is DEAD SILENCE. In other words, YOU called ME and I'm returning your call. I didn't anticipate that you would want to ask me a lot of questions. Which, by the way, have already been answered in my letters. And that's the attitude you need. If he starts acting like a jerk, (which I doubt he will) just terminate the call and hang up. I believe he wants to work this out in the fastest manner possible. Good luck, keep your cool and let us know what happens. Oh and have pen and paper handy.
