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Regular Contributor
Posts: 127
Registered: ‎07-14-2008
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Re: When can CA'S call your phone?

OK thanks, I will just make sure the DV request and the cease phone call request are clearly identified on the letter. I didnt want the cease phone calls to be construed as some sort of admission of the debt, and I dont think it would be. (however the debt really is mine, but I am just following the standard advice on here to get a DV letter out, as well as the CA's offer to send the name and addres if I requested it).

Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
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Re: When can CA'S call your phone?

[ Edited ]

SeanAndrews wrote:

Can you send them a letter asking them to cease telephone communication with you, is that within your legal boundaries? I see alot on these boards that you are not supposed to talk to them on the phone, just in writing.


You can send a Cease & Desist to a CA, but generally not to an OC.

 

I would first check the statute of limitations on your debt because there are times when sending a C&D simply pushes the creditor to sue you.

IAALBNYL
Regular Contributor
Posts: 127
Registered: ‎07-14-2008
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Re: When can CA'S call your phone?

I guess this is the part that is confusing to me - if you have a debt within the SOL, you know it is yours, but you dont wish to deal with the CA on the phone. - the way you describe it, you may just get sued if you tell them not to contact you via phone? So how can you ever work out an arrangement with them if they choose to sue you instead of deal with you via snail mail?

Valued Contributor
Posts: 3,302
Registered: ‎06-09-2010
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Re: When can CA'S call your phone?

 


SeanAndrews wrote:

I guess this is the part that is confusing to me - if you have a debt within the SOL, you know it is yours, but you dont wish to deal with the CA on the phone. - the way you describe it, you may just get sued if you tell them not to contact you via phone? So how can you ever work out an arrangement with them if they choose to sue you instead of deal with you via snail mail?


You can request that all communication be done in writing and no phone contact.

 

Good Luck
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Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
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Re: When can CA'S call your phone?


SeanAndrews wrote:

I guess this is the part that is confusing to me - if you have a debt within the SOL, you know it is yours, but you dont wish to deal with the CA on the phone. - the way you describe it, you may just get sued if you tell them not to contact you via phone? So how can you ever work out an arrangement with them if they choose to sue you instead of deal with you via snail mail?


You can tell them that you only allow contact via the mail, but whether one likes it or not there are CAs that will sue.  To be fair, they do not know your intentions and since a fair amount of debtors send a C&D when they have no intentions of paying the debt at all, some CAs just go ahead and sue.  That's life.

 

You might want to call them and explain what you are seeking.  You might save everybody a lot of hassle that way.

IAALBNYL
Regular Contributor
Posts: 127
Registered: ‎07-14-2008
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Re: When can CA'S call your phone?

I think I will just add my intention to the letter, something to the effect that I am willing to work out a settlement on the debt once it is validated. I'm just afraid that once I get them on the phone, I will get sucked into their harassment and find myself in the same postion that alot of people on here say to stay away from - which is basically talking to them on the phone. They also tend to act like they can only offer you a deal if you hand over your bank information so that they can automatically debit the amount. I can see their reasoning on that, even a legit CA would know that it is a bit more reassurance than hoping the customer will send in a money order or even a check on a timely basis.

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