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I keep getting a call from a Collection Agency......

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Anonymous
Not applicable

I keep getting a call from a Collection Agency......

But my credit reports do not show a thing.

 

The company is Continental Credit Control.

 

None of my credit reports indicate I have any issues with this company.

 

Should I talk to them?

 

I akways hang up when they call with their recorded message.

 

Thanks.

Message 1 of 9
8 REPLIES 8
RobertEG
Legendary Contributor

Re: I keep getting a call from a Collection Agency......

Yes, I would advise speaking with them once.

If they initiate a communication and you speak with them, that is then considered an "initial communication" initiated by the debt collector,which then triggers their requirment under FDCPA 809(a) to send the consumer a formal collection ("dunning") notice within 5 days after that communication.

That dunning notice will provide the name of the current owner, the asserted amount of the debt, and advisement of right to send a request for debt validation.

 

It is not necessary for you to enter into any substantive discussion of the debt when they call.

Simply state that you wish to wait for their collection notice before discussing the debt, and terminate the call.

Message 2 of 9
Anonymous
Not applicable

Re: I keep getting a call from a Collection Agency......

i am trying my best to avoid any more negatives

 

how is that impacted by talking with them?

 

if i pay might they still be able to put a negative on my account?

Message 3 of 9
RobertEG
Legendary Contributor

Re: I keep getting a call from a Collection Agency......

If you are considering paying, you can preface your payment by first offering a pay for not reporting agreement from them.

If accepted prior to your paying the debt, it becomes a legal contract provision that is enforceable in court.

 

It is prudent to first get written acceptance of any contract terms, but oral contract provisions are enforceable.

They are more difficult to prove, but still legally binding.

If you live in a single-party state that permits you to make recordings without permissiion of the other party, you can establish an oral agreement via recording the call.

Message 4 of 9
Creditaddict
Legendary Contributor

Re: I keep getting a call from a Collection Agency......

You need to talk to them.

Who are they calling for?

Who are they trying to collect on behalf of?

How old is said account that they are trying to collect if it is yours?

 

I recently started receiving calls from a company trying to collect on an old Nordstrom account that was originally included in a BK 13 but the account is OVER 10 YEARS OLD! They don't have a leg to stand on and I told her if I needed to send a letter to never contact me again give me the address otherwise don't ever contact me again or I will file against your company.

 

Many sketch companies... I would give very little information and demand the info you need above.

Message 5 of 9
Anonymous
Not applicable

Re: I keep getting a call from a Collection Agency......

I am just worried about triggering something if I talk to them.

Right now this company is not posting anything negative in any of my credit reports.

When they call, they only leave a message to call back. No live person. Never any reference or claim number.
Message 6 of 9
Creditaddict
Legendary Contributor

Re: I keep getting a call from a Collection Agency......

I would talk to them if for nothing more than to tell them they can no longer call you on an automated dialer!!!
Message 7 of 9
bass_playr
Established Contributor

Re: I keep getting a call from a Collection Agency......

Yes, next time they call, pick up the call.  They will most likely ask you to verify your identity.  Tell them that you will verify the last 4 of your SSN by them telling you what they have on file, and then letting them know if that matches yours or not.  Do not volunteer any info to them that you don't have to....and ABSOLUTELY do NOT admit to owing any debt.

 

Once they properly identify you--they are required by law to do that so play along--then they will tell you that they are calling to collect on _____ debt.  This is the point where I thank them for the call, and tell them that I will await the arrival of the required 5-day notice.  Then, I end the call.  That's it---keep it simple.  No sense in arguing or asking additional questions at this point because it will get you nowhere and could even lead to an inadvertent admission of the debt, etc.

 

By law (FDCPA), they are required to send you a notice within 5 days of that initial communication that explains your rights, and identifies the current creditor.  Your next steps depend on that.  

Message 8 of 9
bass_playr
Established Contributor

Re: I keep getting a call from a Collection Agency......

So far, there is no evidence that they are calling the OP on an automated dialer, so I don't see the point of this, honestly.  Even if they are, the calls are permitted by law to landline phones without the need for permission.  The big issue with automated dialers is if they are calling a cell phone without getting express permission, and there are even ways around that depending on the circumstances.

Message 9 of 9
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