Limiting calls only to home number
Date: Tue, 02/08/2011 - 16:40
[SIZE=3]I do not want a full cease and desist because I want to keep the lines of communication open for negotiating or setting myself up for a quick summons. However calls to my work and cell phone must stop. If I understand correctly, calling to work after requesting the collection agency not to is a violation of the FDCP. Is that correct?[/SIZE]
yes, that is right. You need to send them a certified letter--t
yes, that is right. You need to send them a certified letter--this is important. Send it certified mail, return receipt requested. This way, you will have proof that they received it.
I would basically say something like this:
Quote:
(debt collector name and address) RE: (account number) (date) To Whom it May Concern: Regarding the above-identified account, it is inconvenient for you to contact me at work or using my cell phone number. The only number I can be reached at to discuss this matter is (home phone number here). Thank you for your cooperation. Respectfully, (name and address here) |
The basic idea is that it is illegal for them to contact you using any method that causes you to incur an expense in the process. By calling your cell phone, it can be argued, they are using up minutes that cause you to have an expense. But I would keep this letter simple and to the point.
One more thing--be sure to save a copy of this letter for your r
One more thing--be sure to save a copy of this letter for your records. You will also get a green USPS card in the mail when they sign for your letter--keep that, it is proof that they got it.
[COLOR=black]Thanks! That is answers my question perfectly! I wi
[COLOR=black]Thanks! That is answers my question perfectly! I will be sure to send it certified. [/COLOR]
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[COLOR=black]If they violate this request (after I have confirmation), is that something I should consider reporting? [/COLOR]
When you receive a call from the collection agency, you should i
When you receive a call from the collection agency, you should inform them about your home phone number as well as the best time to contact you over the phone. If you wish, you may even send them a letter regarding it. As per the FDCPA laws, phone calls at odd hours is prohibited. Moreover, the debt collector can make phone calls between 8.00AM to 9.00 PM. Also, the debt collector will not be allowed to make phone calls at your work, if your office policy does not allow so.
Anna is right on the money, but this notification needs to be in
Anna is right on the money, but this notification needs to be in writing, not over the phone. If you do not send it as a written notice, you will not be able to prove that they were made aware, and the harassment will continue.
And if they violate that request, then you can do a few differen
And if they violate that request, then you can do a few different things.
1--report them to the FTC for violating section 805 of the Fair Debt Collection Practices Act. This law says that they are not allowed to contact you at any time or place that you make known to them to be inconvenient to you.
2--being that this is a violation of the FDCPA, you could sue them over it. The FDCPA allows that they would have to pay you a sum of up to $1000.00 plus any actual damages if you win a lawsuit against them. However, I would not recommend suing them over one violation like this. Now, if you send this letter and they keep calling anyways where they now know they shouldnt be calling, then that may be a different story.
3--you can also file a complaint against them with your state's attorney general's office.
I sent certified letters to all my pdls and creditors to contact
I sent certified letters to all my pdls and creditors to contact me by cell ONLY. The pdls continued to call my work and I would simply hang up. They eventually stopped. By having them call my cell I could control when I would talk to them. (I have a disabled husband home and I didn't want him bothered with the calls, as these were my debts).
One collection agency violated my request several times along with other violations and I now have a pending lawsuit.
I managed to negotiate all my settlements by having them contact me where I requested. You may tell them should they continue to call that you will not negotiate over your cell as you are at work, or that you are not permitted to take personal calls then hang up. They'll get the message.
