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Creditor called at 6am this morning!

Date: Sat, 01/13/2007 - 14:00

Submitted by mybunnyslipperz
on Sat, 01/13/2007 - 14:00

Posts: 5 Credits: [Donate]

Total Replies: 6


I am not sure what can be done about this situation. We recently moved from NJ to Las Vegas, but we took our VOIP NJ Area Code phone number with us (so Mom could still call without long distance charges).

This morning I woke up to the sound of the phone ringing at just after 6am. It was HSBC calling about a payment that I mailed on Monday, but had not yet been received by them and was due yesterday. This is the second time that HSBC has called early in the morning. The first time I explained (nicely) that we had moved, we had VOIP, and that it was 5:30AM PST - where I was currently residing. I verified that they in fact had the correct (Las Vegas) address on file - and I was assured that a note would be made in the file and it would never happen again...

Until this morning. The person I spoke with told me "Well you have a NJ number..." and I told him that YES, the area code was from NJ, but the phone is running out of NEVADA - where it is only 6am! I told him about my previous conversation - and he actually had the audacity to tell me "Well then you need to get a phone with a Nevada area code..." I told him that according to the law, if I tell you that a time is INCONVENIENT for me, then you must abide by that. I told him that I am telling him that 6am PST is INCONVENIENT.

He contended that he was within his rights because it was 9am EST and again told me that if I didn't want to be called so early, then I had to get a Nevada phone number, because the calls are made based on area code.

I understand that he would have been within his rights if I was still living in NJ - but since the billing address is clearly NEVADA, which rules apply? Was I right in stating that he cannot call me if I convey to them that it is an inconvenient time?

I know that the laws have not caught up with technology yet, but something has to be able to be done.

He also conveyed to me that the correspondence that I sent in with my payment was most likely "being shredded, since it was sent to the payment address - and not the correspondence address." Can the payment department really just shred correspondence they receive - just because it was inadvertantly sent to the wrong department? Don't they have some type of obligation to forward that correspondence to the correct department?


All I can say is the experience with HSBC is very disgusting. No matter what they say, they are bound to make the calls following the time zone where the borrower is residing. As they are calling from NV, they must be aware of the local time in NJ. They should have been more cautious because it's an outgoing call from their system. I believe this point is clearly explained in every state law. Talking about getting a NV phone number in NJ is highly unprofessional on their part. Same thing applies with the payment if it's posted to the wrong dept. They have no rights to shred papers you send. File complaints with the AG of NV as well as NJ. Check the payment you did whether it is posted to your account. They will try to add a late fee after the due date.


lrhall41

Submitted by Trenity on Sat, 01/13/2007 - 14:32

( Posts: 505 | Credits: )


I think you have raised a really good issue. With the ability now to keep whatever phone number you have and take it with you where ever you go. I can see the CA's trying to somehow avoid obeying the laws by using the phone number as their excuse to call at an illegal time.


lrhall41

Submitted by on Sat, 01/13/2007 - 16:47

( Posts: | Credits: )