Is it my right to have things in writing?

[Anonymous]

I have been dealing with this CA for awhile now and the lady is so rude to me I refuse to speak with her anymore.  I sent a CL about 9 months ago saying from this day forward I would like to have everything in writing for my records and for her not to call me anymore.  She hasn't.  Then I get a court summons.  I sent her another CL saying I would like to settle this matter and feel they don't have to place a judgment against me because I will be cooperative in the matter and would like to get it settled.  I got me GC back today with a copy of my letter and a letter from her saying I will need to call her to settle the matter otherwise I will have to go to court.  I'm so frustrated....I guess I lost against the mean mean lady.   

My question is..........Why do I have to speak with her over the phone?  Maybe I'm way off base by thinking this is my right. 

Thank you all for you help.  I really do appreciate it.  Sometimes I think this forum is the only thing that keeps me from going off the deep end.

[Anonymous]

WHAT IS DOFD and DOLA for this account and what state are you in  (and what is the account for (a CC, Car, etc)  If past SOL then that is your 'defense' otherwise:

First off - reply to the summons or go to count (whichever is the practice in your state)

Second- DENY owing them in your response.  Legally they must prove the debt by preponderance of the evidence.  Make them do this!

Third:  Hit them up with a discovery motion to include the following:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default

A notarized statement from the OC that items 1,2 & 3 are true and accurate representations of the account

• Proof the statute of limitations has not expired
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or  A copy of the contract Debt Collection Company Name purchased the alleged debt and the purchase price that was paid.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt

[Anonymous]

Worry about any violatins by the CA later... deal with lawsuit for right now.

[llecs]

IMO, Never Ever talk to a CA over the phone. It is easy to get frustrated which places you in a situation where you may say something you didn't mean to say. Typically, they are recording your call and that record can be used against you.

You don't have to call them just because they tell you to.

Per the summons, answer it ASAP.

I'd prepare for battle. Make sure the debt isn't past SOL. Make sure the CA is allowed to collect in your state. Search around for other court cases pertaining to the CA or OC and see those results.

Maybe other could chime in, but I'd DV if you haven't already or PFD if you did. In any case, everything in writing and everything sent via USPS CMRRR.

[llecs]

Yep. What Lady Scarlet said.

[Anonymous]

As lady said take care of court stuff first........call the courehouse and ask what you need to do!!!!!

Usually they will mail you papers to fill out DO IT!!  and be sure to mail it back CM!

What is the DOFD  DOLA and SOL?

Never talk to a CA!!    If you haven't sent a DV to the CA  DO IT NOW   CMRRR!!!!!!!

[Anonymous]

If you received a court summons you have to respond to it, whether you call her or not. Even if you PIF you still have the summons. So right now handle that first. Sorry to hear how difficult your situation is.

[Anonymous]

Also - as per recording any calls - since you did talk to the CA already - try to recall if they stated your call was being recorded. Most states are a two-party state where both ends must be aware of the recording - otherwise you have the right to sue ;-). Just a piece of advice in-case for some reason it does end up in court and they use something they recorded. It also becomes inadmissible as evidence.

[Anonymous]

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@Anonymous wrote:
Also - as per recording any calls - since you did talk to the CA already - try to recall if they stated your call was being recorded. Most states are a two-party state where both ends must be aware of the recording - otherwise you have the right to sue ;-). Just a piece of advice in-case for some reason it does end up in court and they use something they recorded. It also becomes inadmissible as evidence.

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They told us everything was being recorded. They just kept making promises and then refusing to put it in writing. I would love for the FTC to pull those recordings. However I feel they will only keep recordings that benefit them. We have said nothing except the truth on every single phone call.

They kept saying "we will do this for you because we have to now that it is recorded". But we won't put it on paper. So I question why they won't put it on paper. They stated it is illegal what they will do. Then they jump to Pay us now over the phone a settlement amount. I said send me the settlement amount in writing. They said only after you pay it. lol. I said so you can then try to collect more later? They said no this is a recorded phone call. We are not permitted because it is recorded. I gave up. And this is why we are going to the FTC.

Still confused... Can we say we are going to the FTC? Or do we have to keep quiet and file behind their backs?

And THANK YOU SO MUCH FOR YOU HELP!

Message Edited by ilovepizza on 02-29-2008 03:57 PM

[Anonymous]

Don't say anything to them.  At this point, just go ahead and file with the FTC.  If they chose to make the taped conversations admissible, they will only be incriminating themselves.  Continue to communicate with them ONLY in writing, no more phone conversations.  That way you will have your own paper trail

Keep track of their violations.  It could equal cash in your pocket.  And there's nothing like getting a check FROM a CA