sent settlement letter, now getting calls again!

send another stronger worded letter to them moonbats. Never "request" tell them "NO" contact when you send a cease & desist. There are several other posts around this thread talking about that subject. If i run across 'em I'll post 'em here for you to follow

;)

read this catlady it's a start:

http://www.debtconsolidationcare.com/collection-agencies/about22412.html

Keep a follow up on the phone. If you are writing another letter, mention one more point that after the account is paid, they will remove their reporting from your credit report. I am not sure whether NCO will do it, but if they are willing to remove the negative remark from your CR, get it in writing before sending your money.

I have not heard good things about NCO. Make sure they have you file from Amex. You must have a written track of everything in case there is something to dispute later.

Keep everything documented when dealing with NCO.

NCO's not the worst collection agency in the world, but they're pretty far down on the list. Absolutely document everything that they say and do as well as all correspondence that you send to them. It's best not to work with them at all if you can avoid it.

Unfortunately, they are not legally required to comply if you tell them to communicate with you only in writing and not by telephone -- a "cease communication" notice, under the fdcpa, is an all-or-nothing matter. On the up side, of course, you are under no obligation to answer your phone, either; you can just funnel them to your answering machine, in which case everything they say to you is obviously recorded and available for your future use if necessary.

Debt Padawan,please tell me where in fdcpa that it states that I cannot do a limited c&d requiring mail contact only?

The "cease communication" clause of the FDCPA does not provide for ceasing only certain types of communication:




However, as you pointed out in another thread, it is possible to use the "inconvenient to call" clause to accomplish the same purpose, which I didn't realize when I made the earlier post.

Thats cool.No skin off my nose.Just wanting to give correct info to OP. Have a great Sunday. :D

i have had a letter from nco as well they claimed i owe for some dvd for 11.00 then added a 40 dollor collection fee.. i sent a dv letter and disputed it and never heard from them again

hey thanks for the info about about the law. my NCO pal only called for two days, and left messages which I kept, and hasn't called since. I am now awaiting their response, which I expect in writing soon.

i have to say, I initially wasn't answering the phone at all BUT when she didn't reach me in their initial attempts to make contact (back when all this started) she started looking up old addresses and wound up calling my MOM. I was mortified. She didn't tell my mom anything, just kept asking mom for my contact info which mom wouldn't give. I couldn't believe it! I haven't lived with my parents for 10 years.

:( Regrettly they are allowed to call third parties to find out your contact information.They are not allowed to disclose anything to these parties. Once contact has been reached and they know where you are located,there is no reason to continue third party contact.

What is the rule for an original creditor trying to locate a person? I had a IPDL not the CA, but the original creditor contact my supervisor and gave her my whole financial information. I am appalled!!! What is the rule, since I was told the fdcpa rules do not apply to original creditor.

lrhall41 There are no per say rules that apply to orginal creditor. You would have to check your state laws to see what can be found to relate to them.Now you may have a civil cause of action for disclosing private financial info but that is something an attorney would have to decipher.

That is what I figured. This guy called my supervisor and told her how I am not paying my bills, that I made arragements with them and I stopped payment on the "check", etc. It was very embarassing. I didn't want my supervisor and the whole office to know about it. I can not afford an attorney to go after them, but thought that there might have been a law or something they might have been breaking.
Thanks for your comments.

lrhall41,
I forgot to mention if these calls are giving you stress,you may be able to file harassment charges at local police department.Imagine their face when the boys in blue come to pick them up! :twisted:

You might be able to find a lawyer on naca.net who will take your case without charging up front. State laws can give you claims along with common law causes of action such as invasion of privacy. If you have good state laws and case law on your side, you will probably find a lawyer willing to take a case like this on a contingency basis. Good luck.

I will look into that. Thanks texaslawyer.

I just want to throw something out there on the issue of ceasing certain types of communications. It is the debtor's right to cease ALL communications. If you invoke that right to cease certain types of communications such as phone calls, the collector has three choices. Keep calling and risk committing violations because there may not be clear case law on this exact point, stop all communications/not get paid, or communicate in writing only in attempts to get paid. Because they want to collect without risking legal action, most will communicate in writing only. (Of course they can always choose to file suit against you, which is why I never recommend sending a full c & d letter while a debt is within the statute of limitations.)

It makes sense that you can choose to waive certain rights, such as receiving written communications. This would be in line with the ability to waive the protections of 15 USC 1692c(a) &(b)by direct prior consent. Direct prior consent can be used to waive any one or more of those protections.

So the safest action for a debt collector who receives a letter stating "cease all calls, communicate in writing only" would be to read this as cease all communications letter with direct prior consent for further written communications.

My two cents.