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Certified Check Recovery Systems

Date: Thu, 03/30/2006 - 07:24

Submitted by anonymous
on Thu, 03/30/2006 - 07:24

Posts: 202330 Credits: [Donate]

Total Replies: 9


Is Certified Check Recovery Systems a legitamate (sp?) collection agency?


Yes, I do have a problem. A lady from this agency called this morning and told me that I owe $150 for a payday loan that I took out over the internet last year. I told her I wouldn't be able to pay anything on it today and she asked me if I had a lawyer. Can they do this?


lrhall41

Submitted by on Thu, 03/30/2006 - 12:43

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If you ask a collector to stop calling you they must stop because fdcpa does not allow them to call if you don't want. But FDCPA does not hold for original creditors. You can send them letters for stop calling you, but they can dishonor it.

Do you know if the original lender is calling you or a collection agency on their behalf? If it's a CA, you can send out cease comm letter.

Make some payment arrangement if possible. Or consolidate the loan.


lrhall41

Submitted by curlycarl on Thu, 03/30/2006 - 13:34

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KatyB wrote:

Quote:

Yes, I do have a problem. A lady from this agency called this morning and told me that I owe $150 for a payday loan that I took out over the internet last year. I told her I wouldn't be able to pay anything on it today and she asked me if I had a lawyer. Can they do this?


Under the fdcpa they must talk to your lawyer if you advise them you have an attorney representing you. She may have been cutting to the chase.

The FDCPA States:


[quote] ?? 805. Communication in connection with debt collection [15 USC 1692c]

1. COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock AM and before 9 o'clock PM, local time at the consumer's location;

2. if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer;[/quote]



basbury wrote:

Quote:
I am having similar problems, however they keep calling me at work and this is starting to become a problem. If I tell them to stop calling me at work do they legals have to, or can they keep right on calling? Thanks


Under the FDCPA if you advise them your employeer does not allow you to receive such calls at your place of employement, and that you could loose your job, them must cease calling you . The FTC's web page for the FDCPA can be found at

the FDCPA States:


[quote] ?? 805. Communication in connection with debt collection [15 USC 1692c]
1. COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

3. at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
[/quote]


Paragraph 2 was omited as it was posted above in responce to KathyB's questions.

The FTC's website for the FDCPA can be found at http://www.ftc.gov/os/statutes/fdcpajump.htm


lrhall41

Submitted by LCW on Thu, 03/30/2006 - 15:38

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[quote]?? 805. Communication in connection with debt collection [15 USC 1692c]

1. COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock AM and before 9 o'clock PM, local time at the consumer's location;

2. if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer;
?? 805. Communication in connection with debt collection [15 USC 1692c]

1. COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock AM and before 9 o'clock PM, local time at the consumer's location;

2. if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer;[/quote]


lrhall41

Submitted by kalevala316 on Fri, 03/31/2006 - 10:04

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