Debt Settlement/Collection Calls
Date: Fri, 02/06/2009 - 06:25
so, when you are in debt settlement dont the companies have atto
so, when you are in debt settlement dont the companies have attorneys on staff that can divert the calls?
the particular company that i used this is how it worked you giv
the particular company that i used this is how it worked you give them power of attorney to your bills to they can speak with the creditors about your account. My particular company had attorneys on staff that would deal with these creditors. I was instructed to not have any contact with the creditors or it could hurt a potential settlement. If i remember correctly as soon as i signed on they sent letters to all my creditors stating that they now had to speak with them about this account. Not that this stopped them i had a few stray ones that would call and i was instructed to not give out any info at all this was all i was to say to them "Sorry, but i am not to be speaking with you regarding this account, you recieved a letter that you must call xxxcompany at 555-55555 to deal with this account and hang up. If you dont hang up on them they will insist that they dont work with settlement companies, or they are going to sue you, or that they can do bla bla bla to you only to try to get a rise out of you. so that you get worked up and try to rush the process to their advantage. If you join a program follow it exactly so that it works properly. This is why so many people join companies so that they dont have to deal with these calls, either they dont have time (work during business hours or work 2 jobs) or they cant deal with the stress of it, or they scare easily. And believe me, they can be scary!
If you notify the collector that you have legal representation t
If you notify the collector that you have legal representation then they must deal with that representation or they will be in violation of the FDCPA. The OP was a bait and switch question though. In my opinion a debt settlement company is not legal representation unless it is a law firm. They might staff a lawyer or have one on contingency but I don???t think it is the same as an individual hiring a law firm to represent them to deal with outstanding debt. The point of that statement in the FDCPA is to protect people that either hire a lawyer to settle for them or hire a lawyer to take them through bankruptcy. With that said, it does not mean you can not use a statement similar to the post above mine telling a collector to deal with a settlement company but I don???t think the collection agency is violating any laws if they do call you. You could send them a limited cease and desist letter though giving them only permission to talk to a particular company and then they would probably be in violation if they continued to call or write you.
that is sort of how my company worked. They sent out the letter
that is sort of how my company worked. They sent out the letter to desist( i got a copy of all of them when they were sent out and they are exactly like the sample letters found here), and I had about 3 that would call and after hanging up on them once if they called back I made sure i knew who they were, and would call my settlement company and they would send them another and threaten them with a lawsuit for harrassment and violations. but it may not be that way with all the companies though, but i know in my case after i would call my company on them i wouldnt get any more calls after that.
Yeah that C&D letter would probably do the trick. I am not an a
Yeah that C&D letter would probably do the trick. I am not an attorney but I think if the settlement company sent a C&D letter along with a copy of the power of attorney to the collector it would force them to deal with the settlement company unless they want to violate the law. In essence you are contacting the collector and telling them they are not allowed to contact you at all with the exception of the address and phone number provided which is exactly what a limited cease and desist letter does. The creditor may take it as a full C&D though. The original creditor would not be bound by this letter. This letter would only affect second party collection agencies.
