still calling me after request for validation received

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Originally Posted by Anonymous Can someone please fill me in on why you are commenting on contacting a creditor? I would think the worst thing you can do is contact a creditor by either mail or a phone call. Somehow they are just going to get you admitting to the debt. Change your phone number, get it unlisted, let everything ride through mail. What all this comes down to is whether you owe it or not. If you owe it, pay it. If you have a legal case in any way, get an unlisted number and start tracking every single violation of law.

wow....I feel the need to comment on how utterly paranoid this post comes off.

First things first--we do NOT advocate panic or panic-driven actions here. Do NOT change your phone number, board up your windows, deadbolt your doors and fear the outside world simply because a debt collector calls. Rather than be reactive, why not instead be PRO-ACTIVE? Doesnt that honestly make more sense?

PRO-ACTIVE:

1--learn the FDCPA and applicable state laws, as well as the FCRA/FACTA.
2--apply that knowledge to the situation.
3--pull your credit reports and check them for errors or unsubstantiated entries.
4--EXPECT AND DEMAND EVERYTHING THAT THE LAW ENTITLES YOU TO--do NOT wait for or expect them to care about your rights.

When a debt collector calls, it is best to simply apply the same law that they are supposed to apply. Once they call you, inform them that they now have 5 days to provide you with the initial dunning letter/disclosure of consumer's rights. THEN END THAT CALL. If they send you that letter that advises you of your right to dispute, USE THAT RIGHT. Send a certified DV request to the address on the company's letterhead that they sent to you. When you get the green card back from the USPS you will have written proof that they got your request.

If you still get their collection calls but no dunning letter, then you need to check the recording laws in your state and if possible begin recording the calls. I like to use an end-around on this one....I will say something like "you guys first called me on....I think it was (insert date here), is that right?". And they will typically look on their computer screen and verify it, as long as you have not been nasty with them yet. Then, I simply say "well, today it is (date), that means that __ days have gone by since that first phone call and you still have not sent out the disclusure of rights that federal law requires you to send within 5 days of that first call. So, now when can I expect that disclosure to arrive here at my mailbox?" The aim is twofold--it lets them know that they are dealing with someone that knows the laws, and it turns the whole discussion right back around onto them. You see, I am a hard case--I refuse to discuss any account with any debt collector unless and until they follow the proper steps. I recommend the same for everyone. Even if it is a debt you know you owe, you dont know if the debt collector calling you is the one that has the legal right to collect on it! That is why validation is a MUST, each and every time.

I do agree with one thing though--keep track of all violations. Keep records, record the calls if legal in your state and write down date and time of call, and every detail of that call if you cannot record. Photographing your caller ID to prove date and time of calls has been done, but many times the debt collector calls and something like "out of area" is all that your caller ID says. In cases like that a court of law will laugh at pictures claiming to show that they called you.

If you have gotten a massive number of calls from a debt collector, your best bet in my opinion is to file a lawsuit, and then request that the court order YOUR phone records be provided. Telephone service providers typically will not release THEIR records of incoming calls to your number without a court order, and THEIR records are the ones you want because they show every last number that called, even if the caller blocked your caller ID from showing who they were!

Bottom line, folks, DO NOT PANIC. There are a TON of weapons at your disposal here. Better to get educated, and defend your rights than to feel like you have to become a hermit somewhere, hiding out from the debt collectors.