Hey guys. A few weeks ago I posted about doing debt consolidation. I decided to go with a company called Kimberly Credit. They negotiated my payments with the major credit card companies. BUT, Citibank had sent my account to this collection agency who was calling me at home and at my business (self employed) 24/7. Anyway, I finally had to cease and desist to the CA. But I plan to sue the collection agency. Why? Because they called my office and the CA man got so mad he told my receptionist off when she told him I was busy with a patient. I mean he really insulted her. So far she plans to give a statement or appear with me if I pursue legal action. Also, I sent a cease and desist letter because of the repeated calls. They called over 6 times a day, everyday. Well, I sent the cease and desist via certified mail. And guess what, they called today. I put them on speaker so my receptionist and I could hear her say who she was and why. So, now I want to sue. I went to creditinfocenter and downloaded the ebook on how to sue a collection agency and I think I am ready. Does anyone have any suggestions. Oh and my consolidation has been going ok except citibank want higher payments. Thanks.. roni
I am bumping this back to the top. No one responding and I am thinking no one knows what I should do or cares about my situation. I guess creditnet has changed. 'Thanks anyway. I will pursue the claim against the CA.
According to the FDCPA. they may call you once more after a C&D letter. CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Posting after 5 on Friday is going to require some patience. What did the CA say to the receptionist the first time? Was it recorded? What did they say during the phone call after the C & D? Was it recorded? Are they licensed and/or bonded in your state, if your state requires such? Do you have any violations in writing, or will your suit hinge on these two phone calls?
The calls were not recorded. I realize recorded calls would help but are you implying that I have no case without recorded phone calls? The collector called my receptionist a "lapdog" when she told him I was busy with patients. He called 6 times that day and has called several times over the last 2 months. When the collector called after the cease and desist, I had her on speakerphone. She gave her name to my receptionist and herself. I plan to look into obtaining phone records.
without it recorded its pretty much a he said/she said case. doesn't mean you don't have a case or wouldn't win. i think your better off filing complaints w/BBB, AG, FTC etc.
those complaints have already been filed. I realize it is a he said she said. but i have a witness. But many people can't go around recording their violations. Not every rape victim has a camera in the alley they get get raped in.... That may be a wild comparison but I think you get my point. I have filed a complaint with the collection agencies attorney general office also. It is a long process. Thank for your advise though. Are there any experts on this subject?
Re: Re: Update on Collection/Consolidation the point i was getting at is the only witness is your employee (?) the only way to know is to file suit. even the experts won't know the outcome. i've seen two idenitcal cases get two totally different outcomes. let us know what happens.
Re: Re: Update on Collection/Consolidation Well that is more information than you offered initally. If any one has any information on how these cases turn out, I wanna know about it. If you have info that makes you an expert. If you have anymore information please share. If getting phone records is possible....then I have more a case right.
If he called her a name you MUST follow this thread Roni: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=403604#post403604 And YES,CN has changed. .
HI, Would perhaps a caller ID log be enough to prove violations. You could definitely prove that a phone number belongs to a CA. Before I had DSL , I had this free service that would "beep" in when a call was coming in when you were online, you could either accept or reject the call, it recorded phone number and date/time. I am sure there must be some software out there that can record incoming phone data if you have caller ID, you could route calls through a PC. If you can't record calls, perhaps you c an record the harassment by recording phone number data. Just a thought,may work,may not K
