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Posted: Wed Oct 17, 2007 2:52 pm Subject: 404-000-3894 Threatening phone calls

This rude individual Karen Free (I doubt its her real name) keeps calling me trying to collect on a payday loan from FTR Processing that was discharged in Bankruptcy 11 months ago. She starts out by asking for me (while pronouncing my name all wrong) then proceeds to tell me to grab a pen and paper to write down a number. I then tell her she is not supposed to be calling me. She then puts a supervisor who is three times as rude on the line. They have called me for the past three weeks and I keep telling them to call my attorney and it just ends up in a shouting match until I hang up. One surpervisor decides to ask for my attorneys name and number, so while I'm looking up the info for her, I guess the 20 sec wait was to long and she asked me what kind of sick game was I playing. Another person kept telling me it wasn't discharged, we were going back and forth, "no it wasn't" "yes it was" I just can't believe these people, they sound so much like Bass & Associates or whoever else. But they won't tell me a name of the company This time the area codes come up from Georgia.
I called the original company, FTR and they said I need to ask the collector for a fax number so I can fax over my bankruptcy papers.

hockeyman · Posted: Wed Oct 17, 2007 8:07 pm Subject:

This is a simple matter to handle, instead of telling them over the phone that you have an attorney; send a letter certified mail return receipt requested, stating that you are currently being represented by attorney, address, phone number. Notify your attorney as well, as he will be able to contact them then contact their Counsel to find out the pertinent info., then he will send them some form of document (either cease and desist letter, notice of chapter# bankruptcy, etc) with the bankruptcy papers.

Posted: Thu Oct 18, 2007 5:19 am Subject:

Hockeyman just hit the metaphorical nail on the head. If your debt was discharged in bankruptcy then they need to contact the attorney that is handling your case, not you.

Posted: Thu Oct 18, 2007 9:02 am Subject:

I keep telling them to contact my attorney, but they just keep arguing that it wasn't discharged. They won't give me any information about their company. They even called my job, it's a good thing I have my own direct line. I guess next time they call, I'll have to pretend like I'm going to send them a payment so they will give me info on their company and then I'll give it to my attorney.

Posted: Thu Oct 18, 2007 9:37 am Subject:

Do not say that you are going to pay on it, what you need to do is contact your attorney to get documentation (preferably signed by a court official) stating that the alleged debt was discharged in bankruptcy. Then fax the letter to them as well as sending it via USPS; certified, return receipt requested.

Posted: Thu Oct 18, 2007 10:29 am Subject:

Once they know that you are represented by an attorney they are required by law to not contact you. If they continue to do so you can sue them for violations of the FDCPA and they will pay up to 1000.00 for each violation. You must not speak with them. Send that certified letter immediately. If they call just say call my attorney and hang up. Keep a log of all their calls. You phone provider should have a record of their calls also.

Posted: Thu Oct 18, 2007 10:32 am Subject:

What is the name of the agency? Or won't they say! If they will not divulge who they are I would file a harrassment complaint with the phone company also. Even the FCC!

Posted: Thu Oct 18, 2007 10:34 am Subject:

FYI. They are not supervisors. They just pass the phone from one slimesucker to the next.

Posted: Thu Oct 18, 2007 10:40 am Subject:

If they won't say it falls under failure to provide meaningful disclosure

Posted: Thu Oct 18, 2007 11:01 am Subject:

Good one!

Posted: Fri Oct 19, 2007 6:25 am Subject:

Out of the 5 calls I've recieved not once did they tell me the name of their company. I would love to send them a letter or proof of my bankruptcy but they won't give me any info. I plan on making a call to my attorney today to see what he suggests as well. Does anybody know if its legal to tape a phone call? I think next time they call I won't answer and see if they leave a message and at least I will have that saved. I know they used to messages along time ago when they were calling me last year.

Posted: Fri Oct 19, 2007 6:29 am Subject:

You can tape phone calls, however some states are two party states (requires consent of both parties) while one party states only require the consent of one person involved in the conversation. Tell me what state you live in and I'll look it up.

Posted: Fri Oct 19, 2007 6:47 am Subject:

I currently live in Illinois but my bankruptcy was when I lived in Wisconsin. I still use my Wisconsin address for some things, because its my parents house.

Posted: Fri Oct 19, 2007 6:53 am Subject:

Unfortunately Illinois is a two party state, and regardless for the state where the debt originated for the purposes of recording phone calls you must abide by the laws of the state where reside.

Posted: Fri Oct 19, 2007 7:29 am Subject:

When you answer the phone say to the other party: Please be advised that this call is being recorded. If you do not agree to be recorded please hang up. By staying on the line you are agreeing to be recorded. Do not allow them to interrupt you. Watch how fast they hang up. If they do not, ask them if they understand. This advice was given to me by a NACA attorney for recording in two party states.