05-07-2011 11:34 PM - edited 05-07-2011 11:42 PM
My husband was getting phone calls from a debt collector about a year ago at 4 am in the morning. We had just moved to HI and still had North Carolina prefixes on our phone, so the debt collector assumed we lived in North Carolina. My husband answered the phone one morning and yelled at them to stop calling that it was four in the morning and they pretty much did. Just recently, they started calling again. Even though I told my husband not to talk to them on the phone, my husband got mad and called them back and told them to stop calling because it was too early. They said that they could call because our prefix on the phone number said it was a North Carolina number. Which leads me to my first question. Can these people really call my husband about this debt at 4 am because our prefix on the phone says we live in a different state?
My husband talk to these people further, and they admitted that the debt was past SOL and that they couldn't put it on his credit report, but that they could hound him as much as they wanted to. Of course, I told him that he shouldn't be speaking to them on the phone, and that if he wanted to stop all of this nonsense all he had to do was write a cease and desist letter. Unfortunately, my husband did not listen to me and wrote a DV letter wanting to know what the debt was for and why they were hounding him. He sent it certified mail before I had a chance to critique it. He showed me a copy of the letter and it was a pretty standard DV with no language admitting to the debt and no language talking about paying or not paying, but he does mention about the debt being in dispute. He also has a cease and desist paragraph. Now these people are not reporting on his credit report and have already said they can't, but I am just worried that he may have done something he shouldn't have, anyone have any thoughts on the matter?
05-08-2011 07:39 AM
How old is the debt and which SOL are you referring too?
If it is too old to be on the CR and beyond suing SOL fot NC and HI, the cease and desist should work. If they continue to call, no matter what time, save all the calls.
As for them calling based on an area code, when you told them that you physically lived in HI, that should have stopped them from calling.
05-08-2011 10:30 AM
Honestly, we arent even sure what debt they are referring too other than it might be an old Discover card--this is their words--not ours. He didnt have a Discover card, but I did, so I am wondering if they are trying to get him for my card. This is why he sent them a DV. They havent sent us any other correspondence--we have only gotten calls. The dofd on any of our old credit cards would have been no later than 2001 and the sol on any of our credit cards would have run out in any state by now. Even Allied Interstate, the company in question, admitted that the debt was not within the statute of limitations and could not be placed on his credit report, but that they could "harrass" him for as many times and as long as they wanted. This means that they have been calling 2-3 times a day starting at four in the morning. I personally think that they were hoping to just get him to pay or to offer to pay, but are now calling more because he was not nice to them and gave them an opening by actually talking to them. He just sent off the DV last week, and we havent gotten a green card back yet. I guess we will just have to see what happens. By the way, they are calling his cellphone so we have a really nice record of everytime they call .
05-08-2011 10:37 AM
When I was in HI, I was getting calls from Bank of America at 2, 3, 4, and 5am.
I got so fed up with it. I told them put a supervisor on, informed that calling me before 8am was a violation of the FCRA, I have the phone records, and I was going to report them. I told them I didn't care what time zone they were, what mattered was where I was. I had *proof* of their early morning calls on my phone bill. That shut them up.
Told them to take the number out of their records forever.
That was the end of that.