1-800-955-6600 trying to call collect @ my home Cap-1 agency

Did you get the details of the account in writing from the collection agency? By law, they are required to send the information within five days of the initial communication. If you have received nothing in the mail, send a debt validation letter and cover your basis legally. This will force them to give the accurate picture of the account they are collecting for. Read this page.

http://www.debtconsolidationcare.com/validation.html

If you are not comfortable dealing with the collection agency, send a cease and desist letter and stop them from contacting you legally. Prefer to do the communication in writing only with them. If you can work out arrangements directly with the creditor, it will be much easier. A cease and desist letter restricts the CA from making further contacts with the individuals when requested. Make sure that you send it through certified mail with return receipt requested. Read this commentary for legal information about C&D laws.

http://www.ftc.gov/

sorry for the links

all i know, is that i have received letters from this agency and the bal. was correct.I have just joined t & c and waiting for the contract to come in.
1-IS IT WRONG FOR AN AGENCY TO MAKE ATTEMPS TO CALL ME COLLECT AND THET HANG UP ? I HAVE THIER NUMBER TRACED

hmm.. perhaps, I don't have a perfect answer to your query. All I know is that when a collector makes a call, he must identify himself as per the Mini Miranda warning. A company must specify in clear words the purpose of their call and an attempt of collection. The information obtained thereby will be used for the purpose under section 15 U.S.C. ??1692Ee(11).

thats right and all i know is they made an attemp by doing a collect call to me but hung up right away, infact it was a pre-recorded person. The number was on my caller id and it links back to ref. of capital one and this makes me mad.

Telemarketers had been calling my home about 8 times a day, so I had my phone # changed. One day after this change it started all over again. So I wondered how they got my new #? I had my phone service change it again insuring no # refferal waz given this time and I didn't even give this new # to anyone. I did this as a test to see where this security leak was comming from. Last time I sent it to some family via email and yahoo messenger. So the past leak could have been on my part. Now w/a virgin # and giving it to not as soul, a few days later it's the same people harrassing me. This is ridicolous. A month back a actual human being left a message on my machine. She said something about a collection agency. So I returned her call out of curiousity. I asked her why the company she worked for waz harrassing me. She asked who I waz. I said you tell me. Do you not know who you are calling 8 times a day? She said we are trying to reach "Dustin Marvel". I told her I've lived her for 7 years and never heard of the guy. I gave her my name and said you know an elderly lady lived her before I bought this house. Not that her phone # and my would be the same. So I have no idea where you put my phone w/some joker who obviously owes you money. Ever occur to you a man who has no intention of paying his bills would give a false # so someone like me gets harrassed instead of him? She waz nice enough and said well we'll stop calling you. I said, that would be swell. But somehow obviously this collection agency is able to pry my new # out of my phone service. Cuz I've changed it twice in the last week and they get it w/in a couple of days. The worst part is I've paid 3 vehicles off early in a row and in one year(God willing) I will have my home paid off way early. I don't owe anyone, anything on this planet. So these people are making my life meserable and stealing the peace and serenity I've worked so hard to set in place in my home. They're barking up the wrong tree. Can I do anything to get these hardheaded collector's to realize they're calling the wrong dam #? And are harrassing the one man in this state that doesn't even own a credit card and has never lived outside his means. Any help would be appreciated. Obviously I'm at my wits end. :|

It's Capital One calling to try to collect on a credit card bill.
In Texas and Florida, they CAN NOT COLLECT on an unsecured account
like a credit card. Ask a lawyer. Texas and Florida are debtor states and even if they go to court and get a judgement, they cannot collect an unsecured judgement. Again, ask a lawyer. You probably dont have to file bankruptsy or anything. It helps if you can just change your phone number every few months. In other states they CAN collect if you have assets, bank accounts and even levy part of your wages. BUT NOT IN TEXAS and FLORIDA. Ask a lawyer in those states. If they trick you and get you to sign a judgement that GIVES THEM a secured interest in your assets, that's too bad. You should not convert an unsecured debt into a secured debt.

They can't call collect at all..they can not cause a debtor to incur costs related to the collection of any debt.

I've been receiving these calls at least 3 times a day for the last couple of weeks. I don't have any accounts with Capital One in any shape or form. When these calls started, I would pick up the phone, but not say a word. I wanted to hear if there was anything in the background that I could recognize and wait for them to become nervous about the silence and say something. When they did, the person calling would usually as for "David" and then hang up.

Today I stepped up my response to the annoying calls. When they call and you know you don't have any issues with Capital One, record the phone message even if you don't hear anything from their end. Tell the caller that the call is being recorded for the police. They don't know whether or not you are really recording the call. It's up to you to decide if you will actually record the call and whether you tape the actual call and/or make a call diary. This is evidence that can be used against them (even if they don't say anything) to charge them with harassment and take them and/or Capital One to court. All I said was,"This call is being recorded for the police." You don't say "Hi!" or "Hello!" Just start immediately with the mention of the call being recorded. They hung up in my ear very quickly.

So far the evening has been peaceful. The calls stopped around 3:30 this afternoon and no phone has been ringing this evening (almost midnight now).

guys, youre forgetting something....

unless Cap One bought this account from someone else, they are not subject to the FDCPA. As the original creditor, the FDCPA doesnt apply, therefore, the part about not being able to call you collect doesnt apply to them. FDCPA only applies to third party debt collectors, not to original creditors.

You are calling a number, 803.283.4592 which has been changed. This number no longer belongs to Tommy & Barbara Kennington, Lancaster SC 29720