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Angry · Posted: Sat Oct 29, 2005 9:06 am Subject: Steve Scuba

One day something may happen to you so I would be careful what I say. You could have a wreck,lose your job or even go through a divorce and your income change. Be careful because God doesn't like ugliness. You will answer for your actions with God.

Posted: Sat Oct 29, 2005 12:04 pm Subject:

Angry, I can feel the pain that you are going through. These collectors who earn money by harassing people and cause pain must be punished by all means. Please file your complaint against Steve at the local attorney office and request for some urgent legal action.

If you have recorded the phone calls of the collector, you are in a position of filing a lawsuit against him. Consult your attorney for future actions that can be taken against Steve.

ladyred129 · Posted: Thu Jan 26, 2006 4:03 pm Subject: Called me 5 times

I sent a letter to this debt collector and told him that I only want him to contact me via mail and not to call me any more.
He wrote me 2 letters then started to call again. Today I spoke with him and he started harashing me because I am sick right now, and in a lawsuit. Telling me how he is going to sue me and take me to court. I told him again to not call me again and hung up. He called me 4 times repeatly, one after the other.
Do I have any rights? I mail him not to call me to handle this matters and he has, then to keep calling 4 times after our conversation?
Please let me know- any help would be much appreciated.

Thank you,

Posted: Thu Jan 26, 2006 4:48 pm Subject:

ladyred129, give your letter a legal impact using this sample letter.

http://www.debtconsolidationcare.com/template-cdletter.html

Send your letter through certified mail with return receipt requested. Once the company has received your letter, they are not allowed to call you further. Show proof to your lawyer that the company violated the law by contacting you after sending the C&D letter.

ladyred129, give your letter a legal impact using this sample letter.

http://www.debtconsolidationcare.com/template-cdletter.html

Send your letter through certified mail with return receipt requested. Once the company has received your letter, they are not allowed to call you further. Show proof to your lawyer that the company violated the law by contacting you after sending the C&D letter.

On occasions when the collectors violate the laws, you can secretly record the phone calls without the collector's knowledge except in the state of CA, CT, DE, FL, IL, MD, MA, MI, MT, NH, PA, and WA. In these states, you have to take permission before recording the phone call.

You need to file your complaint in writing to the FTC as well the local AG's office along with all the proof of conversations and a witness if available. Send a copy of these complaints to the creditor that has hired this collection agency. Perhaps, you will be allowed to deal directly with the lenders.

You also have the legal rights to sue a collection agency for up to $1,000.00 in small claims court for violating the FTC regulations.
Make sure that you cover your base legally before making any such actions.

Posted: Thu Jan 26, 2006 11:47 pm Subject:

I have a question along these lines. I heard from a collection agency several months ago on two accounts that belong to my husband. This one collection agency has them both (OXFORD). I wrote and asked for validation. They sent me a peice of paper with the last six payments typed out, on both of the accounts. It just states when the payment was made and how much the payment was. They call that validation? They attached a hand written note that said 'give us a call'. VERY IMPORTANTLY, at the bottom of my validation request, I stated my usual NO PHONE CALL policy. RIght off, they started calling every day, seven days a week. Its never a human, its always an automative machine that says 'this is not a sales call, it is important that we speak with you'.... but when you call back, its always busy.
I haven't received anything else in the mail from them and the calls are starting to slack off a little, compaired to what we were getting. My question is, what should I do next? Obviously, they think they sent validation, and I'm not satisfied with what they sent. According to our credit report, they purchased these accounts. THey are not on our credit report. I'm afraid they soon will be though. But original creditor is now showing '0' balance, which usually means they sold the account. I don't know what to do right now, if anything. They sent what they call proof and so in their minds the ball is in my court, but I see it still in theirs since they didn't send what I asked for. Then to top it off, the phone calls that they continue to annoy me with after I asked for them TO NOT CALL. any opinions here? Should I write them again and state that I'm not satisfied with what they sent? this way it stays in dispute and can't go on my credit report until they finally do send proper validation? which, if they don't have, they can't report it anyways. I'm alittle confused here. thanks, shirley

ladyred129 · Posted: Fri Jan 27, 2006 10:20 am Subject: Letter

When I had faxed him my letter,he did responed back saying that he did receive the letter. I also I have a message from him on my cell that he received the letter and still called.
Will that work or does it have to be certified?

Thanks for the help...

Posted: Fri Jan 27, 2006 12:57 pm Subject:

Ok, I am giving my opinions to Shirley first... since Oxford has not entertained the validation request properly, write a letter to them explaining their failure to give the complete picture of the account and that you are waiting for further info. It will comprise of the following points(mention those required ones). Send this letter certified so that you have proof of the last action made from your side. Bills of the last payments do not validate the debt legally and completely. It may or may not be a part of it. So, the company has to send you further information on debt validation before they can take any further steps.

Along with it, keep a follow up over the phone. If recording the call is permissible in your state, do it. Otherwise, notify them that you are recording the call. Basically, you need to stress them to give you the information that proves them to be the actual company purchasing account from your creditor. If they have purchased the account from your creditor, they have their information and should be given to the consumer when requested. Tell them that if this information is not given, some other company will again contact you for this account like they are doing and you will have to pay the money twice. What happened to the money that you paid them now? It will go wasted. So, make them give you the accurate information of this account. That's legal and that's perhaps is what you want!

Posted: Fri Jan 27, 2006 12:59 pm Subject:

Now, my opinions to ladyred129.... Proof is all that is important here. The recordings that you have on your cell phone will only prove those things that certified letters will. So, keep them in place and produce it whenever required for legal purpose.

Amers · Posted: Tue Jul 11, 2006 6:17 pm Subject: what to do

we have had the same debt collector calling for my father in law 5-10 times daily for the past 6 months, i there anything we can do, my father in law is living in Brazil, basically waiting to die he is old, and uncomprehenisve right now....

also, i have another collector, whom i have asked to put in writing the agreement i can afford, and they refuse and keep calling and harassing, i asked another collector to do this and they had no problem and complied completly.......what is wrong with these collector??? they are rude arrogant and leave message with no information just stating your name and say call this number they don't say what its n reference to, why, im not calling anyone back unless they state their business........

Posted: Tue Jul 11, 2006 6:27 pm Subject:

Throw a cease and desist to the collection agencies and give it a legal effect. The company must stop calling you after receiving your notification. Leave option to contact you through mail only if they have something genuine to inform you. Remember, the collectors are bound by federal laws to stop making contacts after receiving your letter. Send the letter through certified mail with return receipt requested. This will be your proof about the actions taken. If they break the call by calling you again, you can take legal actions with the help of your attorney. If allowed in your state, start recording the phone calls for legal proof. Read the FTC commentary about dealing with the collection agencies. This will make your approach stronger and in the right direction.

http://www.ftc.gov/os/statutes/fdcpa/commentary.htm

Posted: Thu Jul 13, 2006 9:02 am Subject: Platinum Recovery Services

Anybody heard of them - dealing with them through a pay day loan company like PCT, or PCN -

Guest

how to stop harassing calls .told them that this not my bill, but they keep calling.

dd · Posted: Wed Jul 26, 2006 1:19 pm Subject: HSBC

Are they getting on your nerves or what?

WEST TEXAS · Posted: Wed Jul 26, 2006 1:20 pm Subject:

Same post in another thread - Mike

http://www.debtconsolidationcare.com/forums/about9162-1.html

Guest · Posted: Wed Jul 26, 2006 1:43 pm Subject:

Just because a company pulls your name out of their ass and claims you owe some random ammount doesnt make us thieves!

Posted: Wed Jul 26, 2006 3:53 pm Subject:

Cease and Desist letters are good for one thing to be completely honest.. Getting the debt transfered to another agency. If this is the route you are prepared to go be sure to keep plenty of copies handy.

If you feel a debt collection agency is harassing you then you should do two things, one contact your AG to file a complaint and the next is to contact the origional creditor and explain to them what is going on (if they still own the debt). If they feel that you are being honest then they will pull the account.

If you are in deep credit card dept I suggest either going with a debt counseling service or file bankrupcy if you don't think you can pay back the debt within a reasonable amount of time. Think about it a bankrupcy is not as bad a several r9's on your credit report. Creditors are more likely to work with a bankrupcy on file then with many r9's.

A debt counseling service is the best route to go I think but each situation for each debtor varies. If you do go this route then make sure you get one of the most important pieces of paper this service provides. An accepted proposal letter from each creditor stating that they will agree to sending a set amount each month. This will usualy stop late fee's and will many times lower or void an intrest rate. However if you do not get an accepted proposal from the creditor late fee's and intrest will still apply and you will have to find another avenue to work with them. It is important to call your counseling service agent and make sure you get these for every creditor.

In most states one agency is allowed to contact you 3x in one day or 3x in one week but no more than 3x. Meaning they can't call and speak with you or leave a message for you more than 3 times in a 7 day poeriod. Contact is a key word in the first sentence. Contact includes speaking with you or leaving a message with someone in your home or on your voice mail. Most agencies use a dialing automated system that will usualy dial a number for a set amount of rings, if the system does not detec a voice mail or person within the set amount of rings that is not considered
contact.

If you feel an agency is calling you more than they should and you have more than one agency calling it is important to write down the number, date, time and the agents name if you spoke with them or they left a message so that you make sure that it is one agency violating the rules instead of different calls from different agencies.

I recently dealt with a debtor who was upset because she thought I was calling her and leaving several messages per week. It turned out that this was a brand new account I recieved that day and that was only one count of verbal contact on it that day. She had confused me with another collector and agency.

I'm not saying that there aren't agencies who break the laws and collectors who treat people badly. In face I believe they outweigh the good collectors out there unfortunatly. Harassment is not defined in the fdcpa because it is too broad of a word. I generaly define harassment as something that would make a person feel harassed ut I've also found that a lot of people consider harassment just by stating they owe a debt also.

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