Question regarding rude CA.

Discussion in 'Credit Talk' started by JT1232, Aug 4, 2004.

  1. JT1232

    JT1232 Member

    I have an account that was put into collections for an unsecured CC. I had a CA call my sister about 2 months ago to get my contact information. I found out about this, and called them immediately, gave them my new phone #, and told them to never call them again.

    The CA i spoke with was a very rude man, who repeatedly asked the same questions over and over, despite the fact that i told him i was currently unemployed. HE told me that i needed to give them a postdated check over the phone, and i could post date it for 30 days if need be. i told him i was not working, and i could not afford to do that at the time. he cut me off, and told me that i was going to pay the debt. he then told me that i needed to give him a post dated check. i told him no, that i could not do that because i was not sure if i would be able to afford the amount when it cleared. i told him i would contact him the next day, because i was on my cell phone and currently using up minutes. he said, "you are not going anywhere until you give me the check #." i told him that he was costing me money at the time, and I would contact him tomorrow after i had assessed the situation. he finally agreed, and said " you had better call me back tomorrow."

    i called him back the next day, dialed his extension, and he did not answer.

    a week passed, and he called me back. "i thought i told you to call me back the other day" i proceeded to tell him that i did, and he did not answer the phone. "you didnt call me back, i would have answered it if you had." i then told him that i would like a written statement saying that the amount they had agreed to settle for would be me marked "paid in full" on my credit report. he said that was fine. then he said "what is your fax number?" i told him i did not have a fax machine. "what is your fax number at work?" "i told you 3 times last week that i was unemployed, i dont HAVE a fax number at work because of that"

    "well, we arent going to mail this, it will take too long." i told him that was the only option, because i did not have a fax machine. "well, what is the fax number at your work?"

    i then started shouting at him, and told him i wanted a written statement before i agreed to pay them any amount of money. he in turn started shouting back, and told me to shut my mouth because i would never raise my voice to him ever again.
    i then told him i was ending the conversation, and he said " i am going to call you every day until you pay this debt, pay your debt, PAY YOUR DEBT!!" i asked him what that was going to accomplish, as i did not have the money at the time to pay it, but i had no problem paying the proposed settled amount a few months from now. "YOU WILL GET THE MONEY ONE WAY OR ANOTHER, IF YOU WANT THE CALLS TO STOP."

    i then hung up the phone. he has called every day, and every other day in some instances, and i just dont answer the phone when he does. i have never received the information i requested.

    yesterday, i get a phone call, and i let my voicemail get it.

    he shouts in a threatening manner through the entire message, never speaking in a normal tone of voice, and repeatedly uses my first name.

    "FIRST, LAST" CONTACT MR BLANK AT 566666666, AGGAIIN "FIRST NAME" CONTACT MR BLANK AT 566666666, OKAAAYY "FIRST NAME" !!!!!! RETURN THE CALL "FIRST NAME" !!!!!!!!

    i had to hold the phone away from my ear to listen to the message.


    the amount is not that much, but at this moment i am attempting to go back to school and i cant really afford to pay right now until i get settled in with a new job. any suggestions?

    I have yet to receive any information from this company by mail.
     
  2. jenz

    jenz Well-Known Member

    #1 never, never, never talk to a CA on the phone.
    #2 send a cease and desist letter
    #3 only offer to settle for deletion of the account, not for listing it paid in full
     
  3. Col. K0rn

    Col. K0rn Well-Known Member

    Woo! This a$$clown is just asking to be sued! If you play your cards right, you can get some money from them via the courts.

    I'm very glad that you have either a very good memory, or recorded the calls. ;-)

    Yes, they can call you every day, but you can hang up on them. Remember, if someone was speaking to them like that at their house, they would be ticked off too. As debtors, we have rights. That's what the FDCPA is in place for. To keep debt collectors in line, and protect YOUR rights! Keep that voicemail, and record it. You might need it for evidence later.

    Never, under any circumstances, give them any of your banking information over the phone. If you do want to pay them, you send them a money order. There are countless stories of people who get ripped off by CA's when they give them a "postdated check" or autodraft banking information.

    You need to send them a copy of the first validation letter that can be found in the Sample Letters Section of the site. This way you can start the paper trail, which is your weapon agains their evil lawbreaking ways!
     
  4. JT1232

    JT1232 Member

    the only recording i have is the voice message he left me on my cell phone that i quoted in my original post.
     
  5. mommyof3

    mommyof3 Well-Known Member

    Hi,

    You're dealing with a real jerk! Make sure to send all correspondence with this company certified mail with return receipt requested. Document everything. Folks on here taught me that and it has been a valuable lesson.
     
  6. Col. K0rn

    Col. K0rn Well-Known Member

    If it's still saved in your voicemail system, get it onto an audiocassette.
     
  7. JT1232

    JT1232 Member

    Done
     
  8. Col. K0rn

    Col. K0rn Well-Known Member

    Be sure and send the first validation letter out on Monday, if you haven't already. And don't take any more of their calls.

    I also suggest you get copies of your credit reports. This way, you set the foundation for your suit against them, and others if you choose to do so.

    Privacy Guard offers unlimited pulls for 2 months for an introductory offer of $1. After that, the service is @$120. You can get CBR's from all 3 services with Privacy Guard. It's a pretty good service.
     
  9. Flyingifr

    Flyingifr Well-Known Member

    JT1232-

    If the original conversation was more than 5 days ago, you can already sue the CA and the collector personally. They are required under FDCPA to send to you the mini-miranda and the Validation/Dispute rights statement within 5 says of first communication. Since you state you have recieved nothing from them, why not send them (meaning both the CA and the Collector) a summons demanding $1000 EACH as statutory damages per FDCPA Section 809(a).

    You can prove first communication from the bill you will recieve from your cell phone provider.

    Maybe recieving a summons will tone this jerk down a bit.
     

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