Last week I posted about sending a validation letter to a CA that had called me regarding a citibank mc account. I sent the letter via certified mail and they should be receiving it tomorrow. Background here: http://consumers.creditnet.com/stra...ead.php?s=&threadid=43501&highlight=tandafire In addition in that letter, I requested that all contact via phone cease and all requests be put in writing. Well, the rep from OSI called again tonight. I politely told her that I would like to not discuss this account with her until I received my requested documentation. She went off. Started yelling at me telling me that I was worthless and why would I send documentation to OSI and that they don't have to answer any of my requests and blah blah blah blah. She kept saying I refused to pay, which I kept saying "my request is not a refusal to pay. I just would like some documentation" Over and over she kept saying (yelling) that I was uncooperative and apparently a "deadbeat" who didn't want to pay my bills. I stopped talking for fear I would stoop to her level and yell. Her last words were "scare tactics don't work on me, don't expect any documentation and if you decide you want to be a good person and pay your debts, you have my number. Good day ___". (As for ____, I could have sworn she called me a bitch, but I could have been hearing things, I was so mad). So, question 1: I do have the right to ask them to cease all phone communicae do I not? What happens if they don't? Question 2: They have to answer my request for validation, do they not? When I told her that it was my right to know about the details of this account under FCA, she went ballistic. What do I do now? I'm afraid they'll put an immediate lawsuit on me or something. I'm a bit rattled from the call, but more pissed than anything. Am I just letting them do what they're supposed to do and scare me?
IMO, that CSR was just trying to scare you out of utilizing your rights. Next time, if you can, and if it is permissable in your state, record their calls - this can be used in court. I believe that the name calling is a violation. Clearly, if you do legitimately owe a debt, they may take you to court, BUT they are REQUIRED to validate the debt in any case.
next time you get a CA that does that to you, just say whenever you get to the end of the call "I appreciate you providing me opportunity to document the verbal abuse from your agency via audio recording."
Dont worry, all substandard CAs use those types of practices. I bet that CA is not even licensed to collect in your state. They try to use intimidation and guilt as weapons to make you pay, which work great if you do not know your rights. The violations that b*tch incurred, only give you more leverage.
Tanda, Here's what you need to do. Write out as much of that conversation as you can remember, using your thread as a starting point. Do it in I said, she said fashion and put it all down word for word. But only put in what you can remember. Don't make anything up. At the top put: "Contemporaneous Notes For Phone Call xx/xx/xxxx. from [name]" Contemporaneous adj 1: occurring in the same period of time; "a rise in interest rates is often contemporaneous with an increase in inflation"; "the composer Salieri was contemporary with Mozart" At the bttom reiterate your dispute and demand for validation. When you're done with this letter, fax it to them and then send it via CRRR. This establishes the contemporaneous nature of your notes and also implies, (without saying so) that you may well have the call recorded. Contemporaneous notes (notes taken at the time of the event) are one of the most powerful weapons in these cases. Faxing and sending it to them right away establishes your notes contemporaneous nature. Also, let them know about your previous letter which included a C&D, (cert mail # xxx xxx etc., and signed for by numb nuts on xx/xx/xxxx). A supervisor will probably dig up the recording and see that your notes match the convo., word for word. I believe you'll have a deletion within 30 days. Just for fun, here's an example of what I'm talking about. This letter made me $1,000, and they did it immediately and without hassle. They knew I HAD em dead to rights. http://consumers.creditnet.com/stra...d.php?s=&threadid=32681&highlight=preselected
That's why I like to recommend my phone techniques. When they call and start their spiel you simply ask them the following questions. 1. What is the name of your company? Write it down. 2. What is their mailing address? OH! Now you got their attention. Ready to mail the check? 3. What is their phone number? Write the answers to both questions down. 4. What is your name? "Paragorix" OK Paragorix, what is your last name. Write it down. 5. What is your Social Security Numboer? "I don't have to give you that? What do you want that for?" Because when I sue you I want to know that I get the right person served. You will get the familliar RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR out of the phone line just about every time. Just hang up and go on watching Homer Simpson or whatver. Next time they call, same song and dance.
Let me see here now. I gotta admit I must be at least as green as a gourd and as dumb as a fencepost but there is something here I simply can't see. First we start off with this; And then all of a sudden out of what seems to me to be a clear blue sky we get this: There has surely got to be a connection between the question asked by the original poster about an abusive phone call from a collection agency and some company calling up to try to push a credit card off on somebody. I must have missed the part where the company calling to push the credit card got abusive and said "Ifa you don't take this GD credit card I'm gonna come over there and breaka u leg" or maybe said that if you don't accept this nice new credit card you must be some kind of deadbeat and don't pay your bills." Something is missing here, like a nexus between the two posts maybe? Sheesh!
LOL Don't worry Bill, I too often post before I read the whole thread. Glad to see I'm not the only one. The part you missed was when I said: "here's an example of what I'm talking about." Key word = "example".
No problem. I just saw a bit of humor in it even though I did see the "example" word. Old enough to know better and too young to resist. (LOL)
Wow, thanks for all the replies! I feel a bit sheepish this morning about letting them get me rattled. I just have a few questions: 1) How would I find out if the CA is licensed to collect in my state? What happens if they are not? 2) If I do a she said/I said letter, what will happen? Will it be turned back over to Citibank? 3) Do they still have to supply me with the validation as requested? Do they have to cease phone calls to me and put everything in a letter from here on out like I requested? Like I said before, I'm not disputing the debt, nor am I not willing to work out a plan to pay. I just don't understand why it was turned over to OSI and Citibank has given me a dead number to try and get info from them. (You know, the song and dance: "We're sorry, all reps are busy picking their butts, you'll have to call us back later, but we can't guarantee we'll be done then either..." ) I know one thing, I don't want to deal with that dragon again. She was insane!
First off, not all states require licensing or bonding. In TX, they only require a surety bond, and you verify its existence with the secretary of state. Nobody can tell you for sure what will happen. What you are doing is setting up a paper trail in case you decide to sue the CA in the future. yes, and yes It was turned over because Citibank would rather have someone else do their dirty work. They are all dragons, and insane LOL.
Tanda, OSI is a pack of amateurs. Just wait till they can't validate (typical OSI). They are very "bottom-of-the-barrell." One of their subsidiaries, Perimeter Credit, owns the dubious distincion of "largest FTC fine levied against a colletion agency"--$300,000 for abusive practices and FDCPA violations. That whole company is a joke.
Thanks again. So, in the event that they can't validate, what happens then? Does the claim get dropped or will I still owe Citi? I'm sorry for asking all the questions, it's just blowing my mind right now. I don't want to start paying OSI without the validation, but what if they don't leave me alone?
Re: Re: VERY rattled abt phone call from CA I figured I wasn't dealing with a top of the line agency. She went off the second I mentioned not wanting to discuss over the phone.
Bill, that is so useful! Your excellent checklist ought to be in the FAQ, imo. Great contribution. Doc
Sometimes the claim does get dropped but in reality it makes no difference how many violations they commit nor how grevious they may be, the debt is still owed and someone is likely going to have to pay it. The big question is who is going to pay it. If you get the validation you may feel that you have little or no choice unless there are billing errors or other points of law that can be raised. That is seldom a problem. You have to tell them to leave you alone in no uncertain terms. Simple as that in most cases.
1*BUT they are REQUIRED to validate the debt in any case. *~Luckymom~* ================== 1*Right: Either in or out of court.
