How many times do they need to call before it's harassment?

Wait, let's add 9:12am to the list of times they've called this morning!

It looks like harassment to me. They are allowed to call between 8 am and 9 pm. But making your phone ring four times an hour is excessive, per federal law (FDCPA). Continue to document their calls, both the time/date, and the calling number. If you talk to them, keep detailed notes as to what is said. Better yet, record all calls between them and you, regardless of who calls whom. Give me the state you live in, and I'll check your call recording laws for you.

Was the Monday call their first communication with you regarding this account? And is this the only account of yours that they have? I'm thinking that they have 5 days from date of first contact to mail the dunning letter. That would be today. Give'em a few more days for the Pest Orifice to get a letter from A to B.

Meanwhile, can I have some more information? That'll help me help you. What type of account are they trying to collect, and when was the last time you made a payment or charge on that account? Do you know the name of the original creditor on this account, and the account number?

Mann Bracken is unethical as the day is long, and known for that type of tactics. Currently being sued by the New York state AG, too. I begin to think they'll never learn.

OK... I see you're in Missouri. That's a 'one party' state, for purposes of recording telephone communications. What that means, is that at least one of the parties to a call must consent to have the call recorded. That one party would be you. So you don't need to (and shouldn't) tell them that you are recording calls. Just let them violate, while you document their behavior for future action of your own.

Wulf,

Actually I'm Pennsylvania, which is a 2 party recording state.

Monday is the first day they contacted me about the debt. They only have one account and that is a private student loan. I've never been able to make any payments on it. I had to quit college to start working when my husband lost his job. Soon after my student loan came due. Sure enough I didn't have money to pay it.

Since it was a private loan, they weren't obligated to give me forbearance or any kind of assistance. Even though I asked repeatedly. When I took out the loan it was through Education Finance Partners. Mann Bracken is saying it was taken out through Loan Science. The amount however, is correct. I'm not disputing I owe it. But they gave me a payment plan of $10,000 and some change as a down payment, then $3,800 (I think) per month. I don't even MAKE $3,800 a month.

The loan is for $52,000. I told them $3,800 a month just isn't going to happen.

I do have a question though. Our mortgage is in my husbands name. I'm on the deed to the home, but my husband is the only one on the mortgage. Can they still put a lien on it? I figure they can since I'm on the deed. I'm just not sure.

4 calls an hour is not harassing. They or the dialer is assuming that no one is home because no one is picking up. It is your choice not to answer or to screen.

The loan holder will end suing you and since the deed is in your name, it will go on the house.

Not sure why Soaplady believes 4 calls an hour is not harassment, but I have successfully sued debt collectors under the FDCPA for calling my clients 4 times per day. The rationale being that repeatedly calling a consumer without identifying yourself as a debt collector or hanging up (auto dialer or not) is sufficient to establish abuse under the least sophisticated consumer standard. The key is to be able to demonstrate a pattern and practice of calling which you have done above.

Also, nobody definitively whether you "will" be sued or that a lien "will go on the house." Talk to an experienced consumer attorney in your area for accurate advice.

as far as harrassment goes.that is up i the air,but the OP stated this was for a student loan.very possible what SOAPLADY stated will happen.no attorney can really help in a student loan scenario.

SoapLady, I got four calls before 9am. I'm 7 & 1/2 months pregnant. I'm up just about every hour on the hour all night until about 6am when I can finally fall asleep. I'm not getting up 4 times an hour before 9am to get to the telephone. I need to sleep. My blood pressure is already through the roof over all this which isn't healthy for the baby.

To me, 4 calls at 8am is harassment. Maybe 4 calls between noon and 1pm would be different. But between 8am and 9am is RIDICULOUS.

Mann Bracken is at it again. They had me ready to throw a fit yesterday. My sister is staying with me for a few days. She has an infant daughter.

At 8:19am Mann Bracken called. My sister told them that I was still asleep and she wasn't waking me up and asked them to call back in an hour. Of course the phone ringing woke her daughter up.

She managed to get her back to sleep. Then at 8:43am Mann Bracken called again. She told them someone had JUST called at 8:19am and that I was sleeping, pregnant, and she was not waking me up. She told them to call back at 9:30am. Again, now her infant daughter is awake and screaming. By sheer luck she manages to get the baby back to sleep.

Now it's 8:55am. Mann Bracken calls AGAIN. My sister told the guy (she said it sounded like the same guy all 3 times) that someone had already called twice in the past hour and she told them that I would be available at 9:30am. She didn't even get the sentence out before she says the guy hung up on her.

At that point I woke up because of hearing the phone ring, then the baby scream, then the phone ring, then the baby scream.

My sisters daughter has colic. Getting her to sleep at all is a miracle. Is there ANYTHING that can be done. I mean, once she told them to call back at 9:30am shouldn't they have to wait that long before calling back.

I'm getting dangerously close to calling Mann Bracken, telling them to shove it, go ahead and sue me. And letting them put the lien on the house. It's not like we are selling it any time in the near future, and we owe more than it's worth anyway.

Oh, and I forgot to add, they called back again at 9:09am and hung up the second I (now wide awake) picked up the phone.

Do you have an answering machine? I use mine to good effect. Turn on the machine. Turn off the ringers on the phone.

This is the message mine gives:

"This is an unsecure line, all calls are recorded. You have reached xxx-xxx-xxxx. Please state your full name, full name and address of your company, the reason for your call and a number to return your call. Automated, incomplete or unintelligible messages will be summarily deleted. This is an unsecure line, all calls are recorded."

Just give the number - no name. Record it in a clear and pleasant voice with NO background noises. Practice that - it must be a clear message. Repeat the "unsecure line" bit at start and end.

I get a lot of hang-ups these days. Seems no one wants to talk to my poor machine. I also get a lot of laughing from friends and relatives wanting to know if they can use my message, too. I pick up on those or call them right back.

My house is pretty peaceful.:)

hey im getting 4 calls per day.i live in ny im on unemployment please help xxxxxxxxxxxxxxxxxxxxx. the company calling is total visa.through plains commerce bank in south dakota.....help help help


Personal information deleted, per site ToS. - Uncle Wulf
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Jason, you oughtta think twice before posting your personal contact data on an unsecure forum thread. Unless you enjoy dealing with salesmen and spammers..........

For peace of mind I really think you should consider either changing your number or putting your phones on silent. All I have is a cell phone and an office phone which are both very private although on occasion a collector will figure one of them out. Every once in a while I get a collection call either at work or on my cell but I tell them that it is a work number and calls to it put my job in jeopardy. I tell them that if they want to contact me then they need to do it by mail only. I did recently have a collector call my cell number over a period of three days before I got it through their heads that they were breaking the law by calling that number since I informed them it put my work in jeopardy. They have not called for about a month now.

dollars where ya been?

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