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Hi Folks,

I sent Nationwide a letter telling them that they were no longer permitted to call me on any of my phone numbers. I sent it certified return receipt, and in the letter clearly indicated that I will continue to pay the original debt (Amex).

I knew they had received it only 2 days after I sent it, but today I have the return receipt in hand. What should I do now?

They called my home number twice today and at least twice on my cell. I haven't answered, cause I'm not sure how to handle this.

Thanks in advance.

Posted: Thu Jul 03, 2008 6:12 pm Subject:

They are allowed to contact you one more time after receiving your cease comm letter to inform you that a) they are ceasing collection activity or b) what specific action they intend to take ie-file suit. They will likely continue to call until you answer. I would answer the next time they call, remind them that they have received your cease comm, ask them what their intentions are and end the call. They should follw up with written communication of same. Caution: their next written correspondence could be in the form of a summons

Posted: Fri Jul 04, 2008 6:42 am Subject: reply

i didn't see anything about a DV letter with that C&D letter.you
should have sent that along with the C&D letter,if you are
handling this through AMEX have them either.inform the CA
that you are going to pay through them or send you something
stating that.nascar is right about the summons,they could file
an action against you.any documentation from the original creditor would help you greatly.

Posted: Sat Jul 05, 2008 6:18 am Subject:

I have the DV letter from them from over a year ago. I know the debt is legit, and I know Amex has authorized them to collect it. I have been making regular payments for a year, and explained that I would continue to do so but that I'm not talking to them anymore! They called me every month to ask if I could send more, and then when it was tax time they asked if I could send my refund check. I wasn't even getting a refund Sad

I don't have anything in writing from the original creditor so I will focus on that next, thanks for the advice!

Anyway, I'm hopeful I can get it paid off before they send a summons, but I'm glad to know that's what could potentially happen.

Posted: Sat Jul 05, 2008 8:33 am Subject:

If you've been paying as agreed for a year, they'd look mighty damn foolish in court if they try to sue.

Posted: Sat Jul 05, 2008 10:08 am Subject:

Not to say they wouldn't be stupid enough to try it; taking you to court even though you are making payments. Just make sure you are keeping some sort of running documentation of the payments you are making, just in case they do try that.

As NascarDevil said, I would answer the phone and ask them, as politely as possible, why they continue to call after they received a C&D letter (which they signed for) and while you are still making payments. Politely advise them of their obligation under the FDCPA to honor that C&D request, and you could sue them for not doing so.

Don't let it degenerate into the stereo-typical CA call, and if they start steering it in that direction then advised them you are hanging up and tell them not to call you again. Make a note of who you talked to, the date/time, and what was said during the conversation (ie any typical CA threats/chicanery), and send them another letter with a copy of the signed receipt and the original letter.

Seems expensive to have to send yet another one CMRRR, but it might be a good idea. They might need a little friendly reminding of their obligations under the FDCPA.

And if that doesn't work, then I would sue them! Keep copies of any phone messages they left, pictures of the CID (if you can), and keep written logs of any actual phone conversations you might have with them (dates, time, etc.). You wouldn't break the bank with the measly $1000 you might get; however, you could apply it to the debt or spend it as you see fit.

Might make up for not actually getting a tax refund this year.

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Nationwide Credit still calling after receiving letter

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