Help! CA calling for $$ paid for HSN CO account

[Anonymous]

demed,  when you file a lawsuit you must have proof!!  Just caller ID with their (CA) phone # on it is not enough. They will just say oops I dialed wrong. You would need a taped conversation. In some states it is illegal to tape!!

There are many judges ummmm, I do not want to say dumb soooo lets say that they read the law the way that they want. You must have all state & federal statues written out and what each statue means in order for them to get it!

It is much easier to have everything in written! letters to the CA detailing no phone calls!!!  Then there is no misunderstanding.

[RobertEG]

Because demed is totally right! 

Dont call them!  Phone records are legal proof of "initial communication" with you.

The day those suckers first called was an "initial communication" under section 809(a) of the FDCPA.  Whether or not their collection was legit, it nonetheless triggered their requirement to send a "dunning" letter under section 809(a) within five days of that call, advising of the "mini-miranda" consumer collection rights set forth in section 809(a).

The CA did not do this because they thought the consumer was ignorant, and because they did not want to afford the consumer the right to shut off their collection actility by filing a DV letter in response to a dunning lettter.

The CA needs to know that we are not all ignorant baboons or trembling lemings.

They have violated the FDCPA. 

I would not communicate with the CA.

I woulld immediately send a formal complaint to the FTC under section 814 of the FDCPA for non-compliance with the FDCPA, both by not "dunning" you within five days of intial communicaction, and then flagrantly attempting further collection activiities after they wilfully violated their dunning requirement.

They understand FTC complaints, and civil suits.  They ignore anything less. 

Message Edited by RobertEG on 11-22-2008 01:32 AM

[Anonymous]

HappyDays,

you're right about letters, but this does not condone illegal behavior.

when you file suit the burden of proof varies, and while it would help have a recording, this is not necessary - your own detailed phone records with numbers, time, date and call duration is more than enough. when you get multiple calls, the phone bill is enough - dialed wrong 15 times? dialed wrong for 15 minutes?.

I'm not sure what judges you deal with, but perjury is not taken lightly by any court.

Message Edited by demed on 11-22-2008 08:56 AM