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What if Creditors continue to call?

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Anonymous
Not applicable

What if Creditors continue to call?

If you informed them in writing (via Certified Mail) to not do so anymore?

"I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service."

Are they allowed to by law and if they are not can I save the messages and file suit?
Message 1 of 9
8 REPLIES 8
llecs
Moderator Emeritus

Re: What if Creditors continue to call?

From the FDCPA:
 
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

In the case of civil penalties:

§ 813. Civil liability

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of—

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; ....

.....

I would take pictures of your caller ID and keep a recording of each message for prosterity's sake.

Message 2 of 9
Anonymous
Not applicable

Re: What if Creditors continue to call?

All my messages are saved and of course each says 'please call ###-###-####' so it is pretty clear who called. I just need to figure out how to save the time-stamp or keep re-saving the # so I can use it if need be.

The problem is I have no way of knowing who it is unless I actually call and ask. Do I risk anything that way? I've already sent out DV/OC's to pretty much all my baddies and there is nothing new I know of so one of them is thinking it is ok to call anyway.

I'm hoping to find out who, then to send them an email, a copy of the original letter, a copy of the Certified Receipt, quote the laws as you posted, and tell them unless the item is removed immediately that I will have no choice but to file suit and seek full remedies as allowed by law. Is that considered extortion though?
Message 3 of 9
llecs
Moderator Emeritus

Re: What if Creditors continue to call?

You don't have to call to figure out who it is. I google all numbers that come in our phone line.
 
When I first started sending letters, CAs came out of the woodwork. Like when I was a kid, we would throw rocks at the hornets' nest. You only have to do that once to learn.
 
I don't think it is extortion at all.
 
As a side note, back in my college days I/we owed money to everyone. The only reason I didn't owe you money is because I hadn't met you yet. I've since paid all of that off, but I learned to setup a separate phone line just for creditors. I still have a home phone, but nobody but friends and family have access to that number. Its even under a different billed name than the public line. I give everyone else the public number. It also has the ability to read off the time/date stamp so I can record the recording without worrying about taking pictures, etc. Collection calls are very very rare now, but I log each incoming call into Excel and track the number via Google.
Message 4 of 9
Anonymous
Not applicable

Re: What if Creditors continue to call?

When you state 'Creditors' do you mean OC, CA or JDB ?
 
I think that OC can call you if they want.  I don't believe that there is a restriction in this case.
 
 
Also, I am not sure that a CEASE is valid for a specific type of communication.  Meaning you can tell them to CEASE all contact, but I am not sure you have standing to restrict communication channels other than to your place of employment.  Meaning a CA can still contact you at your residence (or cell phone only if cell phone # was given to the OC as a contact when you created the account). 
 
 I would look for case law in this area to be sure as to 'partial - CEASE'
 
See my other posting about my use of Caller ID Manager to filter calls to a remote FOAD node. 
Message 5 of 9
llecs
Moderator Emeritus

Re: What if Creditors continue to call?



JimmyMagno wrote:
When you state 'Creditors' do you mean OC, CA or JDB ?
 
I think that OC can call you if they want.  I don't believe that there is a restriction in this case.
 
 
Also, I am not sure that a CEASE is valid for a specific type of communication.  Meaning you can tell them to CEASE all contact, but I am not sure you have standing to restrict communication channels other than to your place of employment.  Meaning a CA can still contact you at your residence (or cell phone only if cell phone # was given to the OC as a contact when you created the account). 
 
 I would look for case law in this area to be sure as to 'partial - CEASE'
 
See my other posting about my use of Caller ID Manager to filter calls to a remote FOAD node. 


I used "creditors" loosely here. The FDCPA is specific who a C&D would cover, namely CAs. I believe OCs are exempt. Our credit history is whole lot better now that what it was, but would funnel all OCs and CAs to that back-up number.
 
Actually, by law, if you tell a CA to stop calling you at work or at home, they must stop, but you must request that in writing. The statute above is clear. Also, forgot to mention, states have their own laws pertaining to this. Texas, Illinois and AZ come to mind. Sadly, VA here doesn't have any specific laws on the governance of CAs.
Message 6 of 9
Anonymous
Not applicable

Re: What if Creditors continue to call?

If they call & you tell them *no phone calls*  by law they should stop  BUT  unless it is in writting or has been recorded you have no proof!
 
A C&D letter should only be sent if you are positive that the debt is past SOL!!!!! and poss. past CRTP
 
In our DV letter it states * everything in writting NO phone calls*  they are in violation if they call you anywhere at any time!!!!
 
An OC that you DO busness with may call.
 
 
Message 7 of 9
Anonymous
Not applicable

Re: What if Creditors continue to call?

My C&D's for phone-calls were in writing, and via Certified Return Receipt, as part of a larger 'DV' and 'OC' campaign.

All my debts are past SOL, the only caveat still checking is whether payments to CAs re-set (here in NYC), to the best of my understanding so far they do NOT re-set. Right now I am starting to reply to those who DID DV and say that in that case out of SOL (still not acknowledging debt) and offering SMALL settlement for delete (since past SOL and coming off anywhere from 3-9 months). The ones that continue to call I will have a lawyer draft a letter. IF they refuse PFD or don't back off regarding not complying with C&D, I'll have a lawyer look up statutes for both CA/SOL and non-compliance of C&D and write a very tough nasty letter.
Message 8 of 9
Anonymous
Not applicable

Re: What if Creditors continue to call?

I have spoked to several people about the tolling of SOL in NY....they all said That their understanding was that NY did not toll!!  the SOL starts & stops with DOFD........I do not think that anyone I asked was a lawyer!!!  But I can't find anything other then SOL starts  cause of action.
 
You can save call ID and any message left on an answer machine and file a lawsuit!!!!!!!
Message 9 of 9
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