M Callahan and Associates
Date: Wed, 03/23/2011 - 13:37
Submitted by Kenneth Barhight
on
Wed, 03/23/2011 - 13:37
Total Replies: 5
This company contacted me regarding a debt. They have called numerous times in the past two months and leave voice messages. Their messages state I need to retain an attorney and have them contact their company regarding the matter at hand.
Today, they called at work and I took the call. The representative stated I have a debt to settle. I told him I would like a letter sent from them as I will not just agree to send money to a company without any paperwork. He stated the original creditor sent me a letter months ago and they did not need to do this.
I asked him for an address for his company and he would not provide this information. He basically stated that sending them a c/d letter means nothing because they are attorneys, not debt collectors. I thought that if an attorney was hired to collect on a debt in PA they are then considered the debt collector? Isn't this the case?
He then stated that I committed fraud by breaching the original contract with the creditor. Is it fraud to not pay on an unsecured loan? Wouldn't fraud mean jail time?
Can anyone provide any assistance on how to handle this company as this is the first time I have to deal with a debt collector? I have already filed complaints with the FTC, BBB and PA's AG. I'm assuming they wont respond to any of the complaints.
Also, does anyone have an address for them?
Quote:I asked him for an address for his company and he would no
Quote:
I asked him for an address for his company and he would not provide this information. He basically stated that sending them a c/d letter means nothing because they are attorneys, not debt collectors. I thought that if an attorney was hired to collect on a debt in PA they are then considered the debt collector? Isn't this the case? |
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He also stated they would not speak to me any further on the mat
He also stated they would not speak to me any further on the matter and legal action will be taken. Can they take legal action without sending a dunning letter?
And if they do, what should I do then? File a counter-suit against them for violating my FDCPA rights?
Received another call today. This time a co-worker took the cal
Received another call today. This time a co-worker took the call and told the representative I could not take personal calls at work and he would have to try to contact me by other means. The representative asked if he could speak to my supervisor, which my co-worker stated he was not available.
What would be the purpose of speaking to my supervisor? I thought d/c's weren't supposed to discuss my debt with anyone other than me?
And can someone respond to my previous post?
Thanks.
Debt collectors are not supposed to discuss a debt with anyone o
Debt collectors are not supposed to discuss a debt with anyone other than the debtor. Speaking to your supervisor (or even attempting to do so) is a blatant 1 and you can sue the collector. If I were you, I would document each time they called and what transpired during each call.
Debt collectors are required by law to inform you that their call is an attempt to collect a debt and any information gathered will be used solely for that purpose. That should be the first thing stated before they discuss the matter any further on the phone. If this DC failed to do that, that's one FDCPA violation. If this DC refuses to send you paperwork proving the debt is in fact yours, that's another violation. By law, you have the right to request a dunning letter and you have 30 days from the date of that letter to dispute the debt. It is during the 30-day timeframe that you send a data validation request to the DC, in writing, to provide proof of what you allegedly owe and proof that the debt is yours. Don't settle for your name and social security number as proof, as that merely proves you are who you say you are, not that the debt is yours. Make them back up their claim that you owe money!
Also, include in your request that the DC cease and desist contact with you by phone. You DO have the right to do this, no matter what the DC says. Even attorneys have to abide by FDCPA rules. Refusal to give you his address is a red flag. A legitimate debt collector will be happy to tell you where you can mail a check or money order, as well as their physical address and phone number.
If they refuse your request for a dunning letter and take legal action, you could countersue for each FDCPA violation (i.e., refusing to send a dunning letter, failure to properly inform you that they were attempting to collect a debt, attempting or threatening to discuss your debt with others).
I'm sure some of the others will chime in with more helpful information, but as someone who wishes she didn't know so much about bill collectors, I wanted to add my two cents.