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Posted: Sun Feb 03, 2008 6:08 am Subject: I would like some opinions on this.

I was thinking, if I encounter a CA that is unwilling to fax/mail a agreement to a payment plan in writing do you think recording it will be as effective? (I do live in a one party state btw)

Posted: Sun Feb 03, 2008 6:13 am Subject:

If you recorded it I think it would make it an 'oral contract'? I am not sure, that is just my guess. Smile

Posted: Sun Feb 03, 2008 6:45 am Subject:

It really depends on if there is a written contract in effect. Oral contract does not trump a written one.

Posted: Sun Feb 03, 2008 8:16 am Subject: Yikes!

Wow! That's an interesting question. I tend to agree with the other opinions as a written contract always wins out over an oral one. It might help, however, if the CA did take you to court and you could play recordings of you trying to resolve the matter with them via a payment arrangement and their refusing, demanding PIF. Would show a good faith effort on your part to try and realistically resolve the debt prior to it being taken to court.

I don't know and I really hate to try and guess at how the law is interpreted. 9 out of 10 I'm usually wrong as Laws and Good Sense don't always seem to "mesh" well together.

Posted: Sun Feb 03, 2008 8:40 am Subject:

It may be to your benefit to record it. However as to whether it would be permissable in court..would depend on the judge. I'm not sure..but if you get them to agree I certainly would record it if they will not sent you a contract. It could be very effective.

Posted: Sun Feb 03, 2008 8:58 am Subject:

The problem as I see - how would you prove the recording actually took place between you and them?

For example, I could tell my brother to pretend he's a collector at some company, and then record a call between me and my brother where he agrees to some payment plan. Then I can pretend that call was really between me and the CA ... get what I'm saying?

If you played that tape in court, and the CA denied it was them, how do you prove it really was? You know all these collectors go by alias names, so how will you be able to call that person on the stand to testify whether or not they made those statements in the recording.

I guess, like Laura said above, it really would be up to the judge whether he will take it as evidence or not.

Posted: Sun Feb 03, 2008 9:29 am Subject:

It ought to be better than a poke in the eye with a sharp stick, but maybe not much better. Myself, I wouldn't send them dime one without something in writing, on company letterhead.

Posted: Sun Feb 03, 2008 3:17 pm Subject:

I never thought about them denying the recordings. Hmm, that makes me nervous because I have many taped calls.

Anyhow, on the contract thing, send them a contract that all they have to do is sign and return. Tell them: no contract, no money.

Posted: Sun Feb 03, 2008 3:19 pm Subject:

I had the same thing happen to me....a CA did not want to do a contract or agreement..I basically wanted it in wiritng that by making payments to the account, they will not report it to the CRAs...at first they would not do it....finally compromised with them..I made the first payment, now they are to send me the letter stating they will not report it as long as it is paid on time. I also have the whole conversation recorded with her name and position so I am pretty sure I am safe.

Posted: Sun Feb 03, 2008 4:05 pm Subject: Wow!

It seems whenever you think you have all your bases covered, you find out there's really no way to do that. Sad.

The funny thing, though, if a CA tried to produce a recording of you, for whatever reason, all you would have to do is deny it to? Would that work?

As for the alias thing. I remember reading in a thread that some states require CA's to keep records of the Alias' of collectors and their real identities? Did I read that correct? Maybe we need to start lobbying our representatives in DC to update the FDCPA including that requirement for all CA's regardless of the State. Along with MANY other updates needed!

So, as has already been stated, I would never agree to anything with a CA unless I had the hard copy.

Posted: Sun Feb 03, 2008 5:18 pm Subject:

Well DB, I'm thinking I would have the agent state his name at the beginning of the call and if any issue arises I could have the person brought in for deposition.

Posted: Sun Feb 03, 2008 6:11 pm Subject:

I was taught decades ago that identifying yourself up front is one of the basics of a business phone call. These days, I just turn that around on callers. You wanna talk to anybody in this outfit, you will identify yourself and your company before anything else gets said. Otherwise, I'll cheerfully hang up on your ass.

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I would like some opinions on this.

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