I just got off the phone with a CA and am very upset over what transpired. A little background...I received a call over a month ago from a CA claiming they had just obtained a debt in my name which originated at Citibank many years ago. I disputed the item and immediately FAXED and sent CRRR notice of the dispute and a request for validation. I have heard nothing since. Tonight I got a call from the CA telling me they had in their possession a "signed affidavit of debt" and proceeded to read it to me over the phone. I asked them to mail me whatever they had and they insisted they could not...I could ONLY receive the material by FAX or email. I claimed I had access to neither and was told to "Get Real...you can go to your local Kinko's". At that point I asked if I could record the conversation and was told "I am not giving you permission to record this call." I then stated I wished to receive no further communication via phone and hung up. Immediately the CA called back and said "I guess we got disconnected," and proceeded to berate me for neglecting to take care of my responsibilities. I explained I have never received notification of the debt, to which he claimed they mailed me something. I insisted I didn't receive it and he said "that is why we only will send this by email or FAX." I told him not to call again and hung up. I just sent in writing a notice not to contact me again. What should I do from here? Just wait it out??? I'm pretty distressed because I don't want to get sued.
I'm pretty sure it has been at least 6 years, which is the SOLA for my state, but I am not sure. That's one of the things I was hoping to get answered with validation.
Get copies of your credit report and see what the chargeoff date shows. Since the OC must CO 180 days from default, subtract 180 days from the CO date and that show be a rough estimate of when you defaulted. Or, do you have any old statements with late fees accessed or, any old dunning letters with a date?
There actually is nothing on my credit reports concerning this debt. That's one of the weird things about it. They pulled a hard inquiry back in April when they first contacted me, but this account does not exist on any of my reports. And no, it is not the Credit Store...although that is a catchy name for a CA.
They're bluffing. Do not speak with them if/when they call again. Just say good-bye. The more time you give them on the phone the weaker they perceive you to be. They'll move on to greener, more fertile targets.
Well, I'll bet this thing is way out of statute. Not only the SOL for your state but, the 7 year reporting SOL. Keep an eye on your reports and hold on to the one that shows no listing in case they try an reage. Is the CA Camco or, White Wing? Go to this link and click on your state and it'll take you to a link with your states bonding and liscensing requirements for ca's. See if they are complying with state law. http://www.lawdog.com/state/laws.htm
Citibank? The CA wouldn't happen to be CAMCO, would it? They've contacted me and many, many other people claiming to be trying to collect old debts originating with Citibank. In my case, they've not provided any verification except for a notarized "Affidavit and Assignment" claiming that they supposedly bought a delinquent Citibank account that allegedly belonged to me. Very, very abusive, dishonest slime. Whatever the case, they've made some major violations of the FDCPA. I'd recommend filing a complaint with the FTC and your state's Attorney General now. Pull your credit reports and see if they've reported it. If they've reported it after your verification request, that's another FDCPA violation. If they've reported it before your verification request, they must update the TL to indicate that it's in dispute if you so demanded it; if they didn't, there's another FDCPA violation. Then I'd write them a letter telling them that I'd filed complaints regarding their actions to the FTC and AG, perhaps in conjunction with some variation of the Estoppel verbiage. Any further nonsense like that and I'd repeat the same, but probably go directly to an ITS letter.
Contemporaneous Notes! "Originating, existing, or happening during the same period of time:" Hand written or typed notes which occur con·tempo·rane·ous·ly carry almost the same weight as a recorded conversation. Write down, word for word, in "I said, he said" fashion with a focus on his abuses. At the bottom include your partial C&D. Fax it to them first thing in the morning. This memorializes the contemporaneous nature of your note taking and turns it into a weapon if you ever have to go to court. Then follow up with CRRR.
1*Tonight I got a call from the CA telling me they had in their possession a "signed affidavit of debt" and proceeded to read it to me over the phone. I asked them to mail me whatever they had and they insisted they could not...I could ONLY receive the material by FAX or email. I claimed I had access to neither and was told to "Get Real...you can go to your local Kinko's". At that point I asked if I could record the conversation and was told "I am not giving you permission to record this call." I then stated I wished to receive no further communication via phone and hung up. Immediately the CA called back and said "I guess we got disconnected," and proceeded to berate me for neglecting to take care of my responsibilities. 2*I just sent in writing a notice not to contact me again. Shadowbox *************************** 1* 2000 for 2 collection calls how much they hitting you up for? 2*I hope you didn't say all contact as this lessens them only 2 choises. Forget it or sue. Also C&D reduces chances to catch CAs violating THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Thanks to all for your input...this board is definitely a lifesaver. I sent them a letter CRRR today telling them to cease communication by phone per the FDCPA and to send anything else by mail. The debt is for $7,000, but I'm fairly certain SOL has run out (won't know until I get proof of debt) and this CA is very shady..clearly making false statements and aggressively trying to intimidate. SB "I read somewhere that 77 per cent of all the mentally ill live in poverty. Actually, I'm more intrigued by the 23 per cent who are apparently doing quite well for themselves." -- Jerry Garcia
In the future when dealing with CA skum on the phone, once they've gotten through their spiel state "I am now recording this phone call. If you don't want it recorded hang up now" Even if you don't have a tape recorder hooked up, even if you don't actually record it, none of the skumbags in the collection agencies will talk if they know you're recording it. They don't have to agree to have it recorded, because they can hang up if they don't wish for it to be recorded. Then if they do agree by staying on the line, make them repeat who they're collecting for, what their full name is, and all pertinant information. It'll annoy them so much they'll hang up anyway and move on to easier fish. Just a thought. ChrisB
Your Right, I have done that every time a CA has called and no way will they talk. I told them that if they were not going to break the law, What's the big deal. I had one from JC Penney's tell me It was OK for them to Tape me but it was against the Law for me to tape her. I told her I think I'll just Keep breaking the Law so she can take me to court.
Here are the laws for tape recording state-by-state: http://www.rcfp.org/taping/quick.html (Full site: http://www.rcfp.org/taping/ ) You'll notice that you only need to inform the other party that you are taping in these 12 states: CA, CT, FL, IL, MD, MA, MI, MT, NV, NH, PA, WA. In other states (mine included), you can record your own call without informing the other party. Doc
My faves with these CA's (unless you truly want to sue them) 1. put your toddler on the phone so he/she can practice their phone skills. 2. say "hold on, someone's at the door" and lay the phone down and just leave it there. 3. have your radio handy by the phone and when they call, turn it on and lay the phone down next to it. DO file the complaints, and the C&D letter was the right thing to do. Keep an eye on your credit report. Incidentally, that hard inquiry is poison for your credit file. It is coded as a "collection" inquiry. Potential creditors won't touch you while it's there, so you might want to consider taking up the fight to have it removed.
Re: Re: Seriously rattled by CA call Originally posted by breeze: __________________________________________________ Incidentally, that hard inquiry is poison for your credit file. It is coded as a "collection" inquiry. Potential creditors won't touch you while it's there, so you might want to consider taking up the fight to have it removed. __________________________________________________ How does one go about getting hard inquiries off? Deal with the inquirer or the CRA? Thanks!
