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 Posted: Wed Aug 03, 2005 1:09 am Subject: credit card companies making endless phone calls |
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How many phone calls a day are CC companies allowed? They are calling me during the allowable times, but it is getting a little ridiculous. I am up to about 20 calls a day from two different cards.
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jschaud
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Debtcc Points: 100
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| Posted: Wed Aug 03, 2005 11:21 am Subject: |
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Hi jschaud
Welcome to the forums. As per the FDCPA law under Section 805(a), the creditors cannot contact you unless you consent or their is a court order in your name.
Under Section 805(c), all the collection calls and communications are required to stop once the creditors or the collection agencies receive a written notice from you. You should inform them that you refuse to pay the debt until the debt is validated and want the collection calls to stop. The FDCPA law restricts the collectors from contacting the consumers thereafter.
http://www.debtconsolidationcare.com/validation.html
So, you can exercise your consumer rights as per the FDCPA law and send written letter to them through certified mail with written receipt requested. Most probably, all the disturbing calls will stop after they receive your letter.
Regards
Roxette
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roxette
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Joined: 18 Mar 2005
Posts: 4175
Debtcc Points: 50392
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| Posted: Wed Aug 03, 2005 12:22 pm Subject: |
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Roxette,
Can I send one of those to Ellis Crosby? If so, if they don't call me how will I know what they are proceeding with?
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Michele
Joined: 27 Jul 2005
Posts: 92
Debtcc Points: 6766
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| Posted: Wed Aug 03, 2005 12:36 pm Subject: |
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Hi mdow315
Be rest assured that the people from Ellis can't hurt you in anyway. Well, of course you can exercise your legal consumer rights and send this letter to them
| Quote: | STOPPING COLLECTION AGENCY FROM CONTACTING YOU
(Send via CERTIFIED MAIL, Return receipt requested)
YOUR NAME
YOUR ADDRESS
CITY, STATE, ZIP CODE
Re: Acct #
Collections Manager:
This letter is regarding the account referenced above, which you claim I owe. This is a notice that your claim is disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act Section 809 [15 USC 1692g]. Please note that I am requesting "validation"; that is competent evidence bearing my signature, showing that I have some contractual obligation to pay you.
Please also be aware that any negative mark found on my credit reports from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.
Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.
If you do not own this debt, you must remove the derogatory marks from my credit report per the Fair Credit Reporting Act.
This letter is also a formal request, citing Section 805 [15 USC 1692c] of the Fair Debt Collection Practices Act, to cease any further communication with me unless it is:
(1) To advise that your collection efforts have been terminated;
(2) To notify me of any specified remedies
(3) To notify me that you have invoked a specified remedy
Please note that any failure on your behalf to comply with the laws of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act will result in legal action.
Best Regards,
Your name
Cc: (insert a lawyer's name, Esquire)
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roxette
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| Posted: Wed Aug 03, 2005 12:45 pm Subject: |
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I totally would send one to them. If they violate a cease and desist letter, you can turn around and sue them.
| mdow315 wrote: | Roxette,
Can I send one of those to Ellis Crosby? If so, if they don't call me how will I know what they are proceeding with? |
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vwh
Joined: 22 Jul 2005
Posts: 134
Debtcc Points: 5762
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| Posted: Wed Aug 03, 2005 1:01 pm Subject: |
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We just can't tolerate the unfair practices repeatedly and need to exercise our consumer rights.
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ben
Joined: 20 Jul 2005
Posts: 2118
Debtcc Points: 41157
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