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Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
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Re: GRRRRR stupid )(*)&)(&)(* CA

Hey TM,
 
A CA may call a third party BUT only for info, to reach YOU. If they know your address & phone #  I THINK  they might be in violation.  They may not say why they are calling or any info about your debt!
 
Calls any third part about your debt like friends, neighbors, relatives, etc.  However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector
Consumer protection afforded by the FDCPA    FDCPA Section 805. (b)     $1,000
 
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA

Kim,  I hope that you talked to that attorney today  let us know.
 
In the meantime...my opinion.....If a CA does not answer a DV within 30 days ( and you better believe he would send CMRRR)  They  must stop all forms of comunication & collections. Each time they call they are in violation....$1000 each offence. They must also stop reporting as that is a type of collections.
This is AFTER the 30 days of receiving the DV.
 
There might be a notice that you send to them BUT you can copy your CMRRR & all info. send to the CRA  with statue # and everything,and tell them they must delete.
 
Please check what I say with a PRO here,
Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA

Hey Happy, haven't spoken to attorney yet since I sent all the info he requested but I expect to tomorrow.
 
I have 6 messages on my machine from the CA ~ it's not anywhere near the # of times they have called and not left a message and DH has a few copies of the messages they left him at work ~ he threw away about 5 of them before I told him he needed to save them.  Got them on the caller ID too only problem with that is when they call multiple times in a day from the same # it deletes the previous call on the ID :smileymad:.
 
  I went back and listened to the message the guy left the other day.  He said he had gotten the letter and they had been sending correspondence to our address (no apt # listed even though I provided it) but we say we haven't gotten anything from them and then he asked for our fax #.  Leads me to think they have no proof that they sent us anything ~ he would know if we hadn't received if it was sent certified or fedex because it would come back to him...heck even if it was sent regular mail it would come back undeliverable eventually.  Then when I get into the shouting match with him he says the correspondence was undeliverable.  I think he's bluffing and has his arse in a bind by not following the law.  If I gave him a fax # he'd be ok on his end because we would then get the info and I'm absolutely not going to help them out any ~ duh, he has to think I'm a fool!
 
I'll just be relieved to finally hear what the attorney thinks about it and pray that we have ground to stand upon regarding the violations.
 
thanks so much for your concern and interest ~ it's nice to have someone to talk to about it!
911 Operators....America's Lifeline!
Frequent Contributor
Tmleverage
Posts: 452
Registered: ‎07-14-2007
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Re: GRRRRR stupid )(*)&)(&)(* CA



HappyDays wrote:
Hey TM,
 
A CA may call a third party BUT only for info, to reach YOU. If they know your address & phone #  I THINK  they might be in violation.  They may not say why they are calling or any info about your debt!
 
Calls any third part about your debt like friends, neighbors, relatives, etc.  However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector
Consumer protection afforded by the FDCPA    FDCPA Section 805. (b)     $1,000
 


I have actually made contact with a Firm on Sunday "can you believe it" and he is going
to help me with several issues that I cannot nor should manage myself so I am going to
do the old AA saying God grant me the serinity to have the wisdom to know the difference
and let the Lawyer handle a small portion of my mess...
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA

Good TM    good luck!
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA

KIm  I have an old caller ID and if someone calls more then 1 time  it shows multi calls. check your again  you might be misreading it. lets hope.
 
If dh is on good terms with boss or someone he works closley with...your attorney might be able to use a statment from them that the calls are bothering them & is causing trouble for him at work.
 
If the attorney that you & TM are seeing, is a consumer att.  you got it made   they know it all!!!!
Frequent Contributor
Tmleverage
Posts: 452
Registered: ‎07-14-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA

Hey kims
 
I believe you can get the call records from the phone company and that
will show all calls from the dates you ask..
solid proof there in my humble opinion...
Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA



HappyDays wrote:
KIm  I have an old caller ID and if someone calls more then 1 time  it shows multi calls. check your again  you might be misreading it. lets hope.
 
If dh is on good terms with boss or someone he works closley with...your attorney might be able to use a statment from them that the calls are bothering them & is causing trouble for him at work.
 
If the attorney that you & TM are seeing, is a consumer att.  you got it made   they know it all!!!!


Just checked the ID and nope..only shows the last call made for that day..not the 2 or 3 before.  I just noticed this today.  I'm sure he could get something from work..plus allllll the calls are recorded there :smileywink:
 
And yep..consumer attorney...found him on a website that Noah reccommended. Can't wait to talk to him after he goes over the info!
911 Operators....America's Lifeline!
Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA



Tmleverage wrote:
Hey kims
 
I believe you can get the call records from the phone company and that
will show all calls from the dates you ask..
solid proof there in my humble opinion...



That's in the back of my mind.  As many times as they've called since the 1st DV request they've paid off the debt and will owe us extra if we get that far with this whole mess!
911 Operators....America's Lifeline!
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
0

Re: GRRRRR stupid )(*)&)(&)(* CA



kims wrote:
it turned into a shouting match and of course I don't have it recorded


I think it's time to invest in a phone recorder. $1000 plus attorneys fees for a violation is nice, but the punitive damage allowance for willful noncompliance is oh so sweet.
 
Think I read it on Bud Hibbs about a CA that called a woman, she told the CA she was recording, and captured on tape the CA threatening that she would be put in jail and her kids placed in foster care. The woman's attorney began negotiations to settle with the CA, and $250K was the initial asking price to settle. This is the power of punitive damages. Naturally, it would have been settled for considerably less, but even 1/10th of that, $25K, is a serious bite into the CA's backside, and $16K is a serious chunk of change after the attorneys fee.
 
Be sure to snap pictures of the Caller ID unit showing the CAs calls.
 

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