One Way to Deal
Date: Thu, 10/18/2007 - 19:02
First they must send you a letter to inform you of their representation of the original debtor. Do not talk with them and tell them so until you get the letter. Then avoid speaking with them and send them a cease and desist letter
( Sirs:
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal fdcpa, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
• are terminating further collection efforts;
• invoking specified remedies which are ordinarily invoked by you or your company; or
• intend to invoke a specified remedy.
Be advised that I am well well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.)
Second check with your State and see if you are a one party consent state to recording of phone calls and before they start a conversation, get their name, employee number or id, ext number and let them know that you are recording the conversation If they tell you they didn't give permission, tell them you don't need to and when they say they are terminating the call- let them - big deal.
Another way to deal with CA is NOT answer any of their questions and do NOT get caught in their psychological games. Who cares what an unknown person on the telephone does or does not think about you- so any attempts to demean you, make you feel quilty, play with your ego- who cares. Ignore it and do not comment.
However, if you must speak with them this is the best I have ever seen or done.
It is part of their plan to get you to respond to them by asking you questions. No matter what question they ask you and I mean any question, always respond with "why do you ask me that question" and no matter what their answer- simply say 'that is not a good enough reason to answer your question" They may ask you why you say that and right back to Why do you ask me that question.. Do this with any question and they have nowhere to go and have control over you in the conversation. Many times they will try to connect you with a supervisor- as if that person is some sort of higher power. Same game , different player. Don't answer any questions. If the supervisor asks how can he help you- just say they called you and you need no help and then back to why ask and not good enough reason. If they make comments just listen and say um or whatever, but do not comment back. If they say they will mark you as a refusal to pay (as if that has some huge legal ramifications- it does not0 just passively say fine. When they threaten to call again or say the calls will continue - just say fine (the theory here is that they will bother you so much that you will do anything, including paying to get them to stop. The only real power a collection agency has is psychological, so do not let them have control. Of course, it is still simple and easy to send the certified cease and desist letter and be done with them. A few months later they might move it to another CA and you just do the same thing. if they violate any rules so not, send a certified letter to that effect and contact a credit attorney and sue them.
Hope this helps.
( Sirs:
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal fdcpa, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
• are terminating further collection efforts;
• invoking specified remedies which are ordinarily invoked by you or your company; or
• intend to invoke a specified remedy.
Be advised that I am well well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.)
Second check with your State and see if you are a one party consent state to recording of phone calls and before they start a conversation, get their name, employee number or id, ext number and let them know that you are recording the conversation If they tell you they didn't give permission, tell them you don't need to and when they say they are terminating the call- let them - big deal.
Another way to deal with CA is NOT answer any of their questions and do NOT get caught in their psychological games. Who cares what an unknown person on the telephone does or does not think about you- so any attempts to demean you, make you feel quilty, play with your ego- who cares. Ignore it and do not comment.
However, if you must speak with them this is the best I have ever seen or done.
It is part of their plan to get you to respond to them by asking you questions. No matter what question they ask you and I mean any question, always respond with "why do you ask me that question" and no matter what their answer- simply say 'that is not a good enough reason to answer your question" They may ask you why you say that and right back to Why do you ask me that question.. Do this with any question and they have nowhere to go and have control over you in the conversation. Many times they will try to connect you with a supervisor- as if that person is some sort of higher power. Same game , different player. Don't answer any questions. If the supervisor asks how can he help you- just say they called you and you need no help and then back to why ask and not good enough reason. If they make comments just listen and say um or whatever, but do not comment back. If they say they will mark you as a refusal to pay (as if that has some huge legal ramifications- it does not0 just passively say fine. When they threaten to call again or say the calls will continue - just say fine (the theory here is that they will bother you so much that you will do anything, including paying to get them to stop. The only real power a collection agency has is psychological, so do not let them have control. Of course, it is still simple and easy to send the certified cease and desist letter and be done with them. A few months later they might move it to another CA and you just do the same thing. if they violate any rules so not, send a certified letter to that effect and contact a credit attorney and sue them.
Hope this helps.
Wow, very nice. Im sure it will help many here who need it.
Wow, very nice. Im sure it will help many here who need it.
