Professional Debt Mediators
Date: Wed, 10/28/2009 - 16:25
So out of the blue I get a call at work from these characters. They want to talk to me about this debt they say I owe. I tell them I can't take private calls while I'm at work, and that I work late. She tells me okay call me by 4 pm (its like 2pm when she calls). I'm like...uh...okay...didn't I just say that I work late? I give her my home phone number and tell her she's welcome to leave me a message. She says 'yeah okay just call me by 4'. Because apparently she's willing to 'resolve' this issue without having to take 'action' but its a limited time offer. Obviously 4 pm rolls around and I don't call (I never get out of the office before 8 lately). So she calls again today and says they need around $1,000 by the end of the month. That is a little weird to me because she's giving me like 4 days to come up with a thousand bucks. I remind her that I'm not supposed to discuss this while I'm at work and she says okay call me back by 2pm. Again....wtf does she expect me to do?
Anyway 2pm rolls around and obviously I miss the deadline for her super deal of a 'resolution' so she calls me again at around 4. She explains to me that she's just trying to do me a favor so I can save money and avoid them having to take any kind of 'action'. I remind her AGAIN I'm not supposed to discuss this at work but I figure what the heck. I tell her there's no way I can come up with $1,000 by the end of the month but that I could pay in full around the middle of next month, or set up some kind of payment plan. She says the best she can do is let me pay half this month and the other half next month. I explain again, there's only 4 days more in the month and I'm just now finding out about this, so my hands are tied.
She says 'well, we will just take action to untie them then' or something equally asinine. She tells me that they've already verified my employment and salary, which I find hard to believe because my company contracts out for employment verification and they won't disclose salary information unless I specifically give them authorization to.
She never specifically says what they're going to do, just that they will 'untie' my hands and 'get my attention through other means'. She kept saying that over and over. Honestly I thought it was hilarious.
She then tells me good luck and hangs up. I am sure that right now I am supposed to be shaking in my boots. I read in another thread on this forum that collection agents usually have quotas to meet and bonus potential so they get more aggressive at the end of the month. This is probably a legitimate debt and I don't mind paying it, but I have NEVER experienced a collection agency so absolutely unwilling to work with me, right off the bat. Usually they are very willing to set up payment arrangements as long as you're willing to talk to them.
Anyway I just thought I would share. She's prompted me to start taking action, so a debt verification letter will be going out as well as a letter explaining that they are not allowed to contact me via phone anymore, it must be done through the mail.
I also found out from looking through the web that it was illegal for her to call me again after I told her the first time not to call me at work. Do I have any recourse for this? All phone calls here are recorded.
If they have violated the FDCPA then certainly there are recours
If they have violated the FDCPA then certainly there are recourses for you. You can sue them and earn a compensation of $1000 for each such violation. You must also report them to the State Trade Commissioner and the DA.
Anyway, before you pay anything out to them get proper validation of the debt. They are required to send you a dunning letter for collection containing the mini Miranda. Once you receive this, shoot them with the DV. But never authorise and payment over the phone without confirming the details about the debt. Try to keep all communication in writing.
Do I need to specifically say 'don't call me at work', or would
Do I need to specifically say 'don't call me at work', or would 'i can't talk about this at work' suffice?
What you really need to do is demand validation of their claims.
What you really need to do is demand validation of their claims. As part of that validation, they would have to prove their claim and show what the money is for, ie, why didn't your deposit cover the rent.Include a 'limited cease-and-desist' clause in your letter to prevent them from calling you at work. I would suggest revoking their right to call you altogether, and restricting contact to US Mail only. There are several good validation letter templates on this site and elsewhere. Pick one, customize it to fit your circumstances, and send it off, CMRRR.
Seriously. Just the fact that they were hurrying you along for
Seriously. Just the fact that they were hurrying you along for an immediate 'resolution' is a big red flag. By law you have 30 days to dispute the debt. The next time they call tell them that you are not discussing this by phone. All contact will be by the postal service. Then hang up and keep hanging up when they call you at work.
In the letter tell them that they called multiple times despite the fact you informed them that this is not allowed at your work. That they are putting pressure on you unduly, that by law you have 30 days to dispute the debt and until you can be provided documentation as explained above. And dispute the heck out of it.
Make sure you send everything by certified mail return receipt and keep copies of everything.
So they called again today. I just hung up. I am thinking abou
So they called again today. I just hung up. I am thinking about calling a fair credit attorney as they're liable for up to $1,000 for each phone call, but I don't know how I could go about getting phone records here. Maybe an attorney would know.
They called 3 times in a row and after the third time, they called my old boss, so he transferred them to me and I just hung up again.
Why would any company encourage their employees to break the law so blatantly? The debt they say I owe is less than $1,000.....so far they've put themselves in liability for many times the debt they're trying to collect. Doesnt make any sense.
You can request any phone records from your carrier. Just call a
You can request any phone records from your carrier. Just call and ask
Quote:Originally Posted by AnonymousWhy would any company encour
Quote:
Originally Posted by Anonymous Why would any company encourage their employees to break the law so blatantly? The debt they say I owe is less than $1,000.....so far they've put themselves in liability for many times the debt they're trying to collect. Doesnt make any sense. |
It's all about the money, my friend. For every time they hassle somebody like you or me, they get ten sheeple who don't know their rights under the law. Then they proceed to bully these poor unfortunates into sending money that may not even be owed. The lawsuit awards are just a cost of doing business.
I'm sending the letter today. I'm also still considering contac
I'm sending the letter today. I'm also still considering contacting a fair credit attorney. These guys are scumbags.
Well I think technically you have to have sent them a letter ask
Well I think technically you have to have sent them a letter asking them to cease calls, certified so that you have proof you sent it. Otherwise they will simply say you never said any such thing.
But now that you are sending the letter, the calls should stop and if they do not you have them on TWO counts each since they are calling, and they are attempting to collect under a DV. I don't remember which law covers this, I know one of the credit laws you can only sue once for a single $1000.....may fall under that.
A verbal warning that you can't speak at work is probably suffic
A verbal warning that you can't speak at work is probably sufficient, the problem is proving you did it. At least, that's my guess. Otherwise its your word against theirs.
But my phone calls are recorded at work, so I'd have recordings. I just don't know if my employer would allow me access to them.
If you hire an attorney with FDCPA experience they will request
If you hire an attorney with FDCPA experience they will request through discovery the call recordings from the collector.
It is important to document all calls by date and time so as to narrow the discovery request.
Don't be surprised if some mysterious reason is given for recordings relative to that day and time were somehow not available.
Your attorney can work around that though.
Mileage may vary
Good info, thanks to whoever did that. If they call again I wil
Good info, thanks to whoever did that. If they call again I will keep a log of it.
Okay, so they responded very quickly to my DV letter, and it seems to me they have everything in order. I copied a DV letter from this website, and in the letter it says that 30 days are needed once the documentation is received for me to review and verify everything. They sent a letter saying I had 7 days to pay in full, after which they would resume their collections attempts.
If I say I need 30 days to verify, can they tell me tough luck I only get 7? I'm in Florida, I assume that is a state law issue.
Quote:Originally Posted by goldenbastWell I think technically yo
Quote:
Originally Posted by goldenbast Well I think technically you have to have sent them a letter asking them to cease calls, certified so that you have proof you sent it. Otherwise they will simply say you never said any such thing. But now that you are sending the letter, the calls should stop and if they do not you have them on TWO counts each since they are calling, and they are attempting to collect under a DV. I don't remember which law covers this, I know one of the credit laws you can only sue once for a single $1000.....may fall under that. |
That would be FDCPA, 15 USC 1692. And it's $1000 per action, not per violation.
Quote:Originally Posted by AnonymousA verbal warning that you ca
Quote:
Originally Posted by Anonymous A verbal warning that you can't speak at work is probably sufficient, the problem is proving you did it. At least, that's my guess. Otherwise its your word against theirs. |
Telling them is great, and legally (supposed to be) sufficient. Put it in your letter, too, just for grins. You're paying five bucks to mail a letter. You might as well get all the use you can out of it.
Quote:Originally Posted by AnonymousOkay, so they responded very
Quote:
Originally Posted by Anonymous Okay, so they responded very quickly to my DV letter, and it seems to me they have everything in order. |
Imagine that. What all did they send you?
Quote:
Originally Posted by Anonymous If I say I need 30 days to verify, can they tell me tough luck I only get 7? I'm in Florida, I assume that is a state law issue. |
I'm not aware of a law that says they have to give you a set period of time to reveiw their documents. FDCPA says only that they cannot continue collection efforts until they provide validation.