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Question on C&D legality regarding PDLS

 
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PostPosted: Thu May 29, 2008 5:27 pm Subject: Question on C&D legality regarding PDLS

I sent several C&D letters and faxes to Web Pay Day to NOT call me anymore and deal directly via US Mail or email.

they continue to call and call....

Is this a violation of the FDCA or not?

jt_91972




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PostPosted: Thu May 29, 2008 6:22 pm Subject:

Isn't Webpayday and illegal pdl company? Refresh my memory please. Actually, they are the original creditor and the fdcpa only applies to 3rd party collectors. Confused
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Shazzers
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PostPosted: Fri May 30, 2008 2:09 am Subject:

Yup, C&D letter will normally work for the third party collection agency. The original lender can call you anytime as they don't have to abide by the fdcpa.
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PostPosted: Fri May 30, 2008 5:59 am Subject:

wow- so they can call me several times and its not harrassment if you tell them to stop?
jt_91972




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PostPosted: Fri May 30, 2008 6:49 am Subject:

There are state collection laws they would need to follow which are similiar to FDCRA.

As the original creditor, they have the right to call you. They do not have to follow any requests for no phone contact. They do however have to stop calling you at work after you request. They also cannot harrass you.

Quote:
so they can call me several times and its not harrassment if you tell them to stop?


No, that would not be harrassment. They have the right to call you.

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goudah2424
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PostPosted: Fri May 30, 2008 7:21 am Subject:

a creditor does not have to abide by C&D unless you file bankruptcy
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PostPosted: Fri May 30, 2008 7:22 am Subject:

When you file bankruptcy there is a stay placed on all collection activity - That is different then a C & D.
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