What advise would you experts give if a oc or ca starts making house calls?Are there any fdcpa rules that cover this part of collections?Are there limits to the time of day that they may make house calls?How often are they allowed to make house calls?If the debtor answers the door how should the debtor reply to this form of contact?What if oc's or ca's contact neighbors,friends or relatives? can they leave a message or some sort of written communication with them to pass on to the debtor?Can they visit a debtors place of employment to try and make contact with the debtor?Has anyone here had a oc or ca try to contact them in person or at work or by contacting a friend, relative or neighbor in person?
For a CA, you could always specify in the 'inconvenient' communications clause that it is only convenient for them to contact you by MAIL, at xxxxxx. Then house calls would be an inconvenient time or place. If they try to argue, its still the same PLACE; your arguement would be that although it is the same PLACE, when you receive something in the MAIL, you can attend to it at a convenient TIME. Also, if they have your personal contact information, contacting a friend, relative or neighbor in anyway is prohibited.
By default, the times would be the same as stated in Section 805(a). However, those times are only if they lack knowledge to the contrary. You can always give them the knowledge to the contrary, but its better to do so as soon as possible, say within the first 30 days, for instance .
Twice, I had a CA call me and ask me if I would please go over to the neighbor's house across the street and tell them that they'd been trying to get in touch with them. The first time I stupidly left a note for the neighbor (mostly because it pissed me off on the neighbor's behalf, and I thought they ought to know that someone was violating their rights by contacting their neighbors). The second time I told the CA politely that they should do their own collections and not to call me again.
I would think that would open up the CA to possible criminal charges. I know that if a CA showed up at my door, I would call 911 about a possible break in or that I felt physically threatened. I wonder if atempting to collect a debt would be considered violating a restraining order?
The reason i ask is because i was receiving calls a couple times a day and then low and behold who starts coming to my house but this same oc.I never answered the door so he left an envelope in my door with his calling card and instructions to call him asap.He came over 3 times I waited until 10m when i knew this finance company was closed and called the number he left and left a message on his answering machine telling him to stop calling me every day and to stop coming over to my house and i will make a payment when i can..A week later i got a registered letter from some collection attorneys group telling me they were now giving me thirty days to resolve this delinquent account. That was two months ago.Today i received a statement from this same finance company reminding me that i am over 5 months late on this account and when can they expect a payment.
Is this legal for them to do ? And what's the name of the finance company ? And what state do you live in , if you don't mind me asking ?
New York has it's own set of consumer protection laws and probably also has it's own set of laws dealing with license requirements of debt collectors which may place additional restrictions on them. You need to be familiar with both state and federal laws.
