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Are there any consequences when the original creditor breaks the law?

Date: Fri, 09/25/2009 - 11:30

Submitted by jmoon219
on Fri, 09/25/2009 - 11:30

Posts: 48 Credits: [Donate]

Total Replies: 7


I know that 3rd party collection agencies are supposed to follow the FDCPA, but what about credit card companies? In my case, Citi is breaking every law there is! It is true, I got behind on paying them, that much is my fault. But, these people are just as bad as 3rd party collections agencies. In less than one month, they have called me at 2:00am, threatened arrest, screamed into the phone, implied death threats (told me to invest in a bullet proof vest), called my parents and tried to demand that THEY pay my bill, and used abusive language. The 2:00am phone call was designed to try and spook me, as all I heard was someone breathing heavily into the phone. As to the implied death threat, what had happened was, they first told me "expect a knock at your door anytime" meaning the cops were on their way. I decided to take that leverage away from them so I replied that I had no money whatsoever, so the only thing I could do was surrender to the authorities. The guy then said "sh*t" under his breath and lost his composure and said "if I were you, I would invest in a bullet proof vest". When I asked him to say that again, he just said "you heard me". Is there any recourse for this? This is definitely coming from Citi as I called them back at the number that showed up on my caller id and they were mysteriously "unaware of this behavior". I'd say they are just itching for a lawsuit. I'm not trying to find a way around paying what I ran up. But, just because I owe them money, it does not give them the right to make death threats. Original Creditors are thugs, plain and simple.


Damn... :mad:

That would be low, even for a CA. Let alone an original creditor the size of Citi.

What state do you live in? You should look here to determine your state laws regarding recording telephone calls. Then, record every call they make to you. One more screw-up like that, and you'll be on your way to file a report with your local police agency and the FCC. Leaving aside issues of debt collection law, threatening someone's life over the phone is a Federal offense. People can, and do, go to prison for that crap.

By the time you're done, you may find Citi paying you, instead of the other way around.


lrhall41

Submitted by unclewulf on Sat, 09/26/2009 - 14:26

( Posts: 3172 | Credits: )


The OC's are generally bound by their state laws (or other governing law), which usually do limit credit and collection practices.

Citibank, having a national charter, may be moreso regulated by the Office of Thrift Supervision, Office of the Comptroller of the Currency or, more aptly, the Board of Governors of the Federal Reserve System. I'm sure whichever jurisdiction they fit into, there are laws that prevent them from using false threats, insinuating criminal process, or extorting. When they are breaking the law, yes, they will be held accountable.

Problem is proving it. Like Wolf said, you will most likely need to record them telling you these things in order for you to have a successful case.


lrhall41

Submitted by DebtCruncher on Sat, 09/26/2009 - 16:56

( Posts: 2293 | Credits: )


Quote:

Originally Posted by unclewulf
Damn... :mad:
That would be low, even for a CA. Let alone an original creditor the size of Citi.
What state do you live in? You should look here to determine your state laws regarding recording telephone calls. Then, record every call they make to you. One more screw-up like that, and you'll be on your way to file a report with your local police agency and the FCC. Leaving aside issues of debt collection law, threatening someone's life over the phone is a Federal offense. People can, and do, go to prison for that crap.
By the time you're done, you may find Citi paying you, instead of the other way around.


That's what I'm talkin' about, no one can quite answer a question like wulf! Welcome back, we missed you!


lrhall41

Submitted by Shazzers on Sun, 09/27/2009 - 08:51

( Posts: 17344 | Credits: )


Quite frankly, I don't believe a word of this story about citibank. They are collecting on too many accounts to be concentrating on one person like this. Plus their calls are recorded and monitored and there would be too much of a paper trail (phone logs) for them to risk. A large chunk of the citibank call center is in South Dakota and collections is not even open during those hours. I could be a rebel collector which would not be citibank.


lrhall41

Submitted by SOAPLADY on Sun, 09/27/2009 - 10:23

( Posts: 17315 | Credits: )