1) When you are disputing does it affect your score positivly? 2) Is it legal for a CA to call you 4-5 times a day? (Allied interstate-those butts) This is in dispute, they can not provide me with anything other then a print-out. 3) Is a print-out legally acceptable? 4)WILL THIS EVER END! LOL
I would consider calling 4-5 times a day harrassment. Get a police whistle and blow it into the phone. They're asking for it. Seriously, you can tell them not to contact you by phone. Just send a certified RRR letter telling them to only contact you by mail. Depends on what the printout is. If it is clear that it's you (and it really is you) it would hold up in court. If it isn't clear, then no, it's not enough. Use common sense. Many say you must have a copy of a signed contract or application. That's not the case. Of course you can bluff them, maybe they don't know any better, LOL.
For example this is all it says Balance 536.14 Payment 0 Amount Owed 0 then it says verified please remit. I asked why it said amount owed 0 she said because it was sold to them. Makes no sence to me, not not much does
It seems to me that they have provided proof that you owe nothing. Balance due 0. I would turn the tables on them and tell them you have written proof from them that you owe nothing, and if they want to get paid, then you need a guarantee in writing that they will remove it from the cra's for payment. Of course what they sent you does not prove it is your account if that is all it says.
I don't know. I don't dispute with the credit bureaus in the first place and although I am working on a way to analyze such situations, I'm just getting that started, so I don't really have an answer for you that you can depend on. Some folks here on the board have said that it does, so for the time being I'll just take their word for it. No, it is not. Just as Breeze told you, that is harrassment and not permitted under law. She also gave you some fairly good suggestions for handling the situation, but I would add that since you don't have to put up with it, simply tell them when they call you that you do not discuss such matters on the phone and if they have something to say they need to say it by mail. Then hang up the phone. And answer the phone every time they call and tell them the same thing over again. It won't take them long to get the message. No, it is not legal. In fact, it breaks the law. In a recent case before the 7th Circuit Court of Appeals entitled Spears v Brennan, the court very specifically laid out what is demanded of a 3rd party collector by the law when providing a consumer demanded validation of the debt. To this date, I have never seen a 3rd party collector even come close to providing proper validation and deliver it to the consumer in the manner set forth by the court in Spears v Brennan. This is a case that I like to call a landmark case even though I doubt very seriously that it has been officially labelled as such. If it has, I am not aware of it. But it is so earth shaking in it's implications for the collections industry that it should become a landmark case in my personal opinion. Only when you take whatever actions may be needed to make it come to an end.
Thanks Bill. If I had the money I would hire you in a second! I guess I will try the only contact me by mail, if that doesn't work I will buy a whistle LOL
That is only going to stop them from contacting you by phone. It is not going to stop them from attempting to collect. If you sent them a correct validation letter, you need to do a search here for the estoppel, which is what you now need to send to them. Make sure you send it certified r/r/r.
Did I see something everyone else missed? When you asked if it was legal for them to contact you 4-5 times a day, are they talking with you or getting your answering machine and hanging up. If they call you every two hours to ask for payment I would say that a good legal case. Everyone was right that you can get it all stopped by sending a letter saying that you will only communicate in writing. That will stop them cold. But if you're looking at the caller id where they've called 4-5 or even 20 times without leaving a message, I'm thinking that is completely ok....... no problem with it. Are you screening the calls or do they actually talk with you that much?
BK No I do talk to him-sometimes. He calls and asks if I will settle, I ask him when he is going to verify I owe the debt. He says soon, I say call me when you do. He says "why don't we settle this now, you know you owe this debt. We can set up arrangments for the full amount or I will take 60% now and we will call it even". I say bye. He calls back 4 times and I don't answer.
Oh yeah, and this estoppel letter...I am doing the search for it and I only come up with a million speaking of it but, not the letter itself. Thanks guys. I really do appreciate your help! OH MAN I just saw there was a spell checker here! LOL I could have used that many times
Did you send the validaton letter certified mail? His clock is 30 days... otherwise he has to stop. Send a C&D letter... he will not be able to contact you. So, really, he's only contacting you daily... agressive, but I don't think it's illegal. He's probably trying to get something out of you before the 30 days. LINK FOR LETTER http://consumers.creditnet.com/stra...ighlight=lizardking+estoppel+letter#post96798
No, not really. I talk to him once a day, but he will talk to me on my answering machine like he is talking to me in person. A real weirdo I tell you. I just changed the tape today, and I will keep it in case I need it later. Yes, I did send it rrr/cert. It has only been 2 weeks. Lets just say that after 30 days he does not respond, where does that leave me? Is the C & D letter the same as the estoppel? I know I have a lot of questions, sorry. I just want to do this right.
Don't worry about the questions.... After 30 days send the estoppel. A C&D letter is different... they can take many forms.. cease and dissist- as in communication... you can tell him written only or that you will not work with any collection agency and to send it back to the original creditor...
BKEV- That letter that you linked me to is a 2nd validation not an estoppel. I am still looking for it myself but not finding it. So first I send a c&d, then the estoppel. I think I will try a search from Lizardking. He, or she has good letters. LOL I am so new to this.
As I have not heard back from you in over 60 days, regarding my demand for proof, since my notice of dispute dated December 5, 2000 and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. That is the letter........
What did you use to search for the estoppel? I found it in 2 minutes. Here is the link http://consumers.creditnet.com/stra...?s=&postid=94765&highlight=estoppel#post94765
