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mon · Posted: Tue Oct 03, 2006 1:16 pm Subject: In house collections

What can you do if the original collector keeps harrassing you at work? Can you still send them a cease & desist letter?

Posted: Tue Oct 03, 2006 1:41 pm Subject:

Hi Mon

You don't have to face the harassment from the collectors. That is against the federal and state laws. Read the law in the FTC website.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806

Of course, you have the rights to send a cease and desist letter to the CA mentioning to be contacted only in writing. Be sure that you send the letter through certified mail with return receipt requested.

Start recording the phone calls if you want to build up a case on charges of harassment by the collector. Check if you are living in one of the states that allow secretly recording of the phone calls. Otherwise, you will have to take the consent from the other party. Here is the link for the names of states that allows recording of debt collection phone calls.

http://www.debtconsolidationcare.com/record/

Posted: Tue Oct 03, 2006 1:43 pm Subject:

Note: Because the people calling you are in house collectors representing the original creditors, not all the FDCPA laws apply on them. FDCPA applies solely on outside debt collection agencies.

Guest · Posted: Tue Oct 03, 2006 6:34 pm Subject:

If it is the origional creditor calling you I believe you can get the calls to stop at least at work. I would call the company and ask to speak to a supervisor and make them aware of the situation and that you could lose your job if they continue to call.

A C&D letter to the origional creditor.. I'm not sure if that hold up since when entering the contact you gave them permission to contact you.

MON · Posted: Wed Oct 04, 2006 7:39 am Subject:

They have also threatened to sue my job for applying for the loan over my jobs internet. I live in the state of Texas and they are located in New Mexico. What am I to do... I have made pymts to them but they won't the entire amount in full. I hope I don't lose my job.

Posted: Wed Oct 04, 2006 7:49 am Subject:

Mon-I am assuming this is an internet pay day loan? If so, Have a look at Pollys blog at http://pollyandsay.yesdebtfree.org/ She has state by state to see if they are licensed to do business in your state and templates to write letters to them. Hope this helps...Karen

Posted: Wed Oct 04, 2006 8:04 am Subject:

They can NOT sue your employer, that is a threat they are using to try and get you to pay up. Call them on it. Can I ask which company this is in NM, sounds like a similar threat, and they also added interstate wire fraud to my threat, I just started laughing at them, the lady got flustered and then said "Oh but not you, just the other" Whatever.

Guest · Posted: Wed Oct 04, 2006 10:41 am Subject:

Better yet pay the damn thing off and stop the calls all together.

Posted: Wed Oct 04, 2006 11:40 am Subject:

Original Creditors ARE NOT goverend by the FDCPA. The FDCPA was written and is legally binding on "collectors" (INCLUDING collections attorneys). Please read the full text of the FDCPA as well as the FTC Staff Opinion letters to get a well rounded and in depth perspective and understanding of rthe FDCPA and it's roll in the collections process, as well as who it governs.

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