sueing collectors

Discussion in 'Credit Talk' started by jaslken, Sep 23, 2004.

  1. jaslken

    jaslken Member

    long story short... i took out a payday loan several months ago. i paid half off and before I can pay the other half my joint account with my husband was closed (another long story). anyway, i received several calls from the payday company and i expressed to them verbally and via email to not call me at work. while on vacation for two weeks, i received two voice-mails from the company on my work phone. not for nothing i forgot about the loan and it is only $600 (well really 250 but fees and all). well last Friday i got a call at home and i made arrangements to pay and i was talking with one rep (he was nice enough) and i told him i would call him back this week. not a problem but i just received a call from another person at work and she threaten to call my supervisor. she said my supervisors name and extension. i told her not to call my job and she said she will keep calling she will make it priority to call my job and talk with my supervisor everyday until i pay. i have her last name she would not give me her first. she was very rude and told me not to ask her any questions. she just wanted to know when was i going to pay the money. i am usually a easy going woman but collectors should not be able to contact you and harass you for anything. this is out of hand. i know this is a violation of the FTC but how do i proceed to sue them.... i am pissed.
     
  2. jam237

    jam237 Well-Known Member

    Are the people who are calling employees of the payday loan place, or a collection agency hired by the payday loan place.

    There is a major difference, the Fair Debts Collection Practices Act only applies to third party collection agencies, and not to the company who the debt is with.

    However, your state may incorporate the FDCPA (or at least some of the protections in the FDCPA) into their consumer protection laws.

    No matter what, you want to put into writing, and send it certified that you want no phone calls, only written correspondence to your home address, again if they aren't covered by the FDCPA, or are required by your state to abide by your requests of how to be contacted, there isn't a lot that you can do if they choose to ignore it, but by putting it into writing, you can show that you informed them that their harrassing calls are not welcome.

    You especially want to emphasize that calls at your work number are not allowed, under any circumstances. Repeat the fact that you have repeatedly advised their company of that fact, and they continue to disregard that and continue to harrass you with calls at work which you are not allowed to receive.

    You'll want to phrase it your own way, but you need to have it in writing, with proof that they received it.
     
  3. pd11604

    pd11604 Well-Known Member

    What do they gain by calling your supervisor?

    They cannot discuss third party (your) debts . About all they can do is verify that you work there and what your salary is.

    As Jam said, if they are the OC they are not bound by FDCPA rules, although your state may require them to abide by similar rules.

    Write them a letter saying to contact you at home only by mail, any other type of contact, especially at work will be considered grounds for harassment by wire.
     
  4. jam237

    jam237 Well-Known Member

    This also depends on whether its the OC, or a CA who is handling the account. An OC could be able to talk to anyone about the account, even third parties.
     

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