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Hello, I sent out 4 PFD letters and now my phone has been ringing off the wall. In my PFD letter I specifically instructed them to respond via mail but they are calling me trying to settle the debt. On the PFD letter I offered to pay the collection in full ($98) if they would delete from my credit report. I sent them out last Friday and haven't gotten anything back via mail but they have called my phone. I know the rule of thumb is not to answer the calls. Should I answer to see if they agree to PFD and have them send a letter before sending payment or do I continue to send the PFD letters until they respond via mail? Help???
4 letters to the same place? (different addresses?)
I'd pick up the phone IF I knew I could keep my cool and not bend to their demands. i.e., not get upset if they threaten me, not make any admission of liability for the debt, not be willing to do a PFD without getting it in writing (fax is OK), etc. Otherwise, I'd send them another PFD with phrasing that says that they are not to contact you other than in writing.
@Anonymous wrote:4 letters to the same place? (different addresses?)
I'd pick up the phone IF I knew I could keep my cool and not bend to their demands. i.e., not get upset if they threaten me, not make any admission of liability for the debt, not be willing to do a PFD without getting it in writing (fax is OK), etc. Otherwise, I'd send them another PFD with phrasing that says that they are not to contact you other than in writing.
Thanks for responding. Nope, PFDs for 4 different places. They were one of the 4 PFD letters I sent out. They are the only ones calling to settle. I will only consider PFD and want a written agreement before I PIF. The only fax I have access to is work; so I prefer to go the mail route. I don't mind talking to them as the SOL expired and they can't sue me (at least I don't think they can) and since it is only $98 and I am offering to PIF it seems like it would be an attractive offer on their part since it is so old. Also, they only report to one CRA; so it will only help with one score in the long run with minimal points gained from the deletion. Thanks for your input, you responded to multiple of my posts and I really appreciate it!
You can choose to not pick up the phone, or to answer and tell them that the ONLY thing you want is acceptance of your PFD offer, which must be provided b them in writing prior to payment, so you have nothing more of substance to say.,
Click!
I would most definitely not answer the phone. They have a letter with your offer, and they are only calling to tell you NO. (And to confirm your current working phone number). If they were really interested in agreeing to the terms, then they would respect the terms which you laid out saying no phone communication and already have a letter in the mail to you.
One thing to look at is they finally had you contact them, with a PFD. You won't answer the phone, so any contact will ultimately come down to mail. While they are getting desperate, they may reconsider the offer you gave them.
On my first PFD letter, I had absolutely no contact with the CA, and never received anything from them. I had called them, big no no, to request something from them as I had sent three letters CMRRR requesting information on the account based on my CR, and an email. They sent the bill out to me, and I replied to that letter with a PFD. They used the phone number from their caller id when I had called to call me back. They actually left a voicemail. In it all sweet as honey and saying the call was regarding the arrangements to be made referencing the letters' date. I returned the voicemail and contrary to my good nature when dealing with morons, I was shocked into silence in listening to the cursing, lying, derogatory comments made by the woman who called me. I was shell shocked. Ended up hanging up the phone, sent a complaint to the FTC, and BBB, and haven't heard from the anyone since.
Bottom line, you made the effort to send a well written offer to them. If they choose to ignore your requests of mail communication only and try to get a feel for you, hoping intimidation will work, ignore it.
You stated that you instructed them to respond via mail but did you actually include a limited C&D, specifically stating that it is inconvenient to contact you by phone at any time of the day or night?
@Anonymous wrote:You stated that you instructed them to respond via mail but did you actually include a limited C&D, specifically stating that it is inconvenient to contact you by phone at any time of the day or night?
It's not necessary to do that.
FDCPA 805. Communication in connection with debt collection
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;
From a BK years ago to:
9/09 EX pulled by lender 802
3/10 EQ- 800
4/10 TU -772
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I concur with marinevet.
If you really want to make a full and enforceable cease and desist demand to any debt collector, just send the following. It applies whether or not you have DV'd:
"This is written notification under FDCPA 805(c) that you are to cease all further communication with me regarding the alleged debt. This includes any telephonic, electronic, or written communication with me.
"This notification also extends, under the provisions of FDCPA 805(b), to any communications with any third party."