Skip to main content

Debtconsolidationcare.com - the USA consumer forum

collection calls

Date: Fri, 06/24/2011 - 10:01

Submitted by anonymous
on Fri, 06/24/2011 - 10:01

Posts: 202330 Credits: [Donate]

Total Replies: 2


I was almost shaking in my boots when I played my messages last night...(haha..not really) had a collector call and in his stern parent to child voice say "you need to contact me or have your representive or attorney contact me imediately." Do these people realize how funny and stupid they sound when they leave messages like that? I couldnt help but laugh. Maybe it works on some people.


My first question is, how do you know it was a collection call?
Did they state your name, and that you owe a debt?
If they did, that may be a violation of the FDCPA. Calls from a debt collector cannot state that you owe a debt unless they are personally communicating with you. FDCPA 804 and 805.
If they did identify the call as being a communication pertaining to a debt, that is an "initial communication with the consumer" under FDCPA 809(a), and triggered their obligation to send you a formal, written collection (dunning) notice within 5 days of that call.
If the nature of the call was not clearly identified, then the next time they call, I suggest that you pick up the phone and ask them only one question. "Is this a call pertaining to an alleged debt?"
If they say yes, simply tell them that all future communications with you are to be in writing. The reason I suggest you pick up the phone is to clearly establish the call as an inititial communication regarding a debt, thus triggering their obligation to send you dunning notice.


lrhall41

Submitted by Lian on Mon, 06/27/2011 - 19:37

( Posts: 234 | Credits: )