topic Re: PLEASE HELP! in General Credit Topics

Nasty Debt Collector Hung Up- Now What??

Anonymous — Thu, 15 Nov 2007 00:14:29 GMT

I just got a phn call while at work and I want to write this before I forget the circumstances. Basically, I was told I had a personal phone WHICH IS NOT ALLOWED. I picked up and it was a female identifying herself as a person from a law firm calling on behalf of capital 1. I remained extremely calm and polite. I said "First of all, I am not allowed to get phone calls at work and would appreciate it if you would not call me here." I wasn't done yet when she started yelling at me that she was allowed to call me at work. I remained polite and said again, "I am requesting you on a recorded line not to call me at work anymore because I am not allowed to get personal phone calls." AGAIN she started yelling and said "Oh yeah, how would like to get served with a lawsuit at work, huh?" I stated, "Ma'am you can threaten me all you want but this is the first..." Then she hung up on me. I was going to state that this is the first that heard from her company about this account because it is. This account is not showing up on my credit report and she hung up on me so I have no contact info in which to DV. I found a capital 1 account. The DOLA was 11/04 so I am still within SOL until 08. What should me next step be? Why would they serve me at work and not home? Please help, I've had a very bad day today and was already about to lose it and now I got this call

Message Edited by nfg on 11-14-2007 11:50 AM

Message Edited by nfg on 11-14-2007 04:14 PM

Re: PLEASE HELP!

Creditaddict — Wed, 14 Nov 2007 19:53:35 GMT

they are not going to serve you!! i wouldn't think atleast, and the fact that she threatened you is a vilation.

If the account is about to expire, they are going to do anything possible to try to get you to say ONE thing towards repaying this debt... that immediatly starts it all over.

If you just keep hanging up on them, and they don't pursue you legally then it will go away in 08 like you said and they can no longer try to collect on it.

FTC - Fair Debt Collection

Dawn — Wed, 14 Nov 2007 20:22:10 GMT

When I was previously employed, I agonized with a co-worker every time issues came up in which he had a debt collector harrassing him at work, harrassing his wife at her place of employment, and threatening to have him arrested. The debt was in his name and their vehicle was in her name, and they repeatedly threatened to take their vehicle from them. (This was not a debt related to a loan on the vehicle.) I was certain then, and am certain now, that they overstepped their bounds. He was desperately trying to get the debt related issue resolved with the OC and this was over the top.

I know you are looking for immediate emotional support to help you through the trauma of having this person approach as they did and others will hopefully be along to advise you. In the meantime, you might want to start here

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

to become familiar with what they can and can't do. I would encourage you to keep a log of contact from this individual so that you can document any illegal tactics that they are utilizing.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 20:30:30 GMT

Creditaddict wrote:
they are not going to serve you!! i wouldn't think atleast, and the fact that she threatened you is a vilation.
If the account is about to expire, they are going to do anything possible to try to get you to say ONE thing towards repaying this debt... that immediatly starts it all over.
If you just keep hanging up on them, and they don't pursue you legally then it will go away in 08 like you said and they can no longer try to collect on it.

There is some half truths in what you are saying. First is you don't know if they will or will not serve. But yes you are correct that if they do threaten to sue and don't act upon that threat and use it only in a scare tactic then yes they are in violation. But how that is figured out in terms of time table used is a very gray area.

Also they can try to collect on the debt up until you are six feet under. No SOL on collecting on a debt just a SOL on how long they can sue you and legally win a judgment against you. And even that can still be done if they sue you past your SOL and you ignore the papers served, they can still win a default judgment if you don't answer or show up even if it's 20 years past the SOL.

Now on to your current matter. Capital One is notorious for suing just in the nick of time of your State's SOL, remember that is very different than the credit report reporting time. So I wouldn't be playing too many games with Cap One. Seriously. They have no problems serving up papers.

You are within your rights to request that they do not call you at work. This is part of your rights under the FDCA. You can search on here or google it. But they can call you at work initially but can't once you've requested that they don't in the future they can't and will be in violation. So right now they are not in violation but if they call again, then yes they are.

Now you said Cap One shows up on your Credit Report but no Collection Agency. What I would do is not ignore this. I would call up Cap One and find out who is handling your account. You can try to work something out with them but odds are they will just tell you to contact who ever is handling it. But it's always worth a shot to try and work with OC.

Once I got that information I would call the CA or who ever is handling it and again, remain calm, cool and collective. Don't let them intimadate you or pressure you into anything. And don't get in an argument with them or let it get on a personal level. You just want to be in some form of communication with them. Ignoring them will only lead to a lawsuit. I would request that they mail you the account information to your home. It is totally within your rights to request written request for correspondence. They don't like to do it because of the next step. Once you receive their bill, send them a Debt Validation, which is required by law and they know it. That will put any collection procedure on hold until it's validated. Send your request CMRR. A MUST!!!!!

If the debt is valid then you can start any type of negotiations with them. Or if you have the money now and you know the debt is your's and don't need the delay part of the Debt Validation, I would see if you can try to get a Pay For Delete, though I've heard Cap One is very difficult to deal with on that or try to get into an affordable payment plan.

If they person you talk to is the same person and you are getting the same type of reaction, request to speak to another representative.

Keep us updated.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:30:50 GMT

Excellent post Boswd. I got a lot out of it, and I'm sure everyone who reads it will as well.

nfg, I think you handled that call very well. Please do keep us posted!

Good luck to you

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:39:26 GMT

I'm home now and wanted to thank everyone for their replies. The funny part of this whole thing is

SHE HUNG UP ON ME! I was willing to get a phone number so I could call her after work (I wanted the address to DV) but she hung up on me (couldn't have been a lawyer, no lawyer I know would ever hang up first and I have a few family members that are lawyers, they never stop talking. LOL.) I'm not even sure about the name of the agency she worked for. I'm kinda stuck because I have no number to call, no address to write, and if she follows the law, she can't call me back. I am less than 4months from SOL. I guess I have to wait and see what happens, can they serve me with a lawsuit before they give me a chance to dispute? Did I miss that chance today, even though she hung up on me? And if I get served, that phone call was really recorded and I can get a copy of it. Do you think this will help me out with dragged into court?

Message Edited by nfg on 11-14-2007 01:37 PM

Message Edited by nfg on 11-14-2007 01:39 PM

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:34:42 GMT

What's the telephone number? Quite often somebody can find a company name & address using a reverse telephone directory.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:38:28 GMT

No phone number showed up.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:41:22 GMT

That's odd. I never have any problems in finding a business name when I have a phone #. I use about 6 or 7 reverse directory websites.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:42:42 GMT

I had to edit my post, I wanted to get a phone number but she hung up on me before I could obtain one. I have nothing

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:54:11 GMT

Oh, ok. Sorry. I feel for you, and we'll all pitch in and help when the time comes.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 21:56:13 GMT

Then you need to call Capital One, the billing department or their internal collections department will have the information of who is handling your account.

Call Capital One.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:00:44 GMT

I'm scared out of mind to call cap 1 but I guess I have to.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:09:07 GMT

Let me ask you guys/girls a question, Shouldn't they be sending me something in the mail? I believe in my state I have 30 days to dispute the validity of this debt. How can I dispute when she hung up on me and I have no contact info?

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:11:01 GMT

I know you are, trust me I've been there, it's such a horrible feeling and all the thinking of " How did I let this happen?" and all the second guessing going on. But you have to start opening the lines of communication with them. As I've learned and as many others on here have learned that ignoring bills, Collections and such only makes things worse.

Give them a call and treat it like tearing off a band-aid, one quick swooft.

How much do you owe them if you don't mind me asking?

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:15:28 GMT

Honestly, I dont ever remember having a cap1 account and I think I would remember something from a couple of years ago. It's not like I had a whole bunch of cards. My credit report says the credit limit was 300, high balance was 750 and 1300 was charged off. I kinda think I remember the name of the ca so I googled it and got an address. I'm typing up a DV letter now.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:22:49 GMT

nfg wrote:
Honestly, I dont ever remember having a cap1 account and I think I would remember something from a couple of years ago. It's not like I had a whole bunch of cards. My credit report says the credit limit was 300, high balance was 750 and 1300 was charged off. I kinda think I remember the name of the ca so I googled it and got an address. I'm typing up a DV letter now.

I would still call Capital One and get the exact name. You don't want to rely on a "I think". Capital ONe will you give you the info.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:24:41 GMT

I just talked to an account specialist at Cap1, about my accounts(cli, or rate decrease), and asked them for the Debt Recovery telephone number.

Cap1 Debt Recovery: 800-258-9319

Would suggest you call them. It's a heck of a lot better than dealing with a CA, if you are still able to do so.

Good luck dear.

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:25:42 GMT

ok, ok, I guess Im gonna have to call them

I just don't want to say the wrong thing. Do I basically say I got a phn call from this agency today and I dont remember ever having an account ... blah blah blah?

Re: PLEASE HELP!

Anonymous — Wed, 14 Nov 2007 22:30:05 GMT

That's what I would do. I really would, no joke. How else are you going to get to the bottom of it? Were you cross-wise with Cap1 in the past?

I don't know if this applies to you, but the girl told me "the worst that can happen is put them on a payment plan. We are not monsters, dispite what some people say".