How many times can a creditor call you in a day and leave a message on your answering machine. I am past due on Providian and they called 2 times and left 2 messages at my place of employment answering machine in the same day.
§ 805. Communication in connection with debt collection [15 USC 1692c] (a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- (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; (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or -------> (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. § 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. Basically, if you want them to stop calling you, you could either send a cease and desist ltr. I believe they are allowed to call you just one more time after they receive your C&D ltr to advise you of what they are going to do.
How past due are you with them? If your card is not charged off, i would work with them.....lord knows you don't want them to sell the acct to gulf state who will sell it to OSI (their own company), and then riddle your report with 5 different neg tradelines!!!
I think the passage given is from the FDCPA and is not applicable to the original creditor. Providian is very difficult to deal with in collections (and hard to get off your report if they start reporting you late)- I would call and see what can be done with minimal payments.
Re: Providian past due collections Good IInfo..But the ceast and desist letter tends to really upset/ piss off debt collectors...They may be more inclined to either repo someone faster than normal if they are told that they should not call the customer anymore as well as close a credit card account earlier as well.. Not communicating with your debt collector within a reasonable time frame may speed the process up for them to escalate the situation...
Re: Providian past due collections Thanks everyone. I am about 2 months past due. all my other credit ok. My business kind of went down the drain. My customers were paying when they felt like it.
Re: Providian past due collections OK...you are still in ok shape.... I know things happen financially, but if you can avoid being in the position I have been in (charge offs/ collections) please do so by any means! You don't want to ruin your good credit standing! Just pick up the phone tomorrow, and make arrangements to catch up....all they want is their money, and will be happy to make the arrangements...
Re: Providian past due collections May I suggest that you avail yourself of the services of a collection agency, LOL?
