Just Busted a Collection Agency for breaking rules but not sure which ones.... and now what?

[Anonymous]

At least I think I did.  My other half had a car repo, I struggle to understand how they can collect on a car they sold for mkt value and then send  to collections as a Chrg Off. 

Anyway, in 2004, the CA discussed this debt with me- not knowing who I was, I wrote the date, time, etc.. but didn't think I could do anything, This debt which is only my husbands, purchased prior to marriage.  Tonight, I think the same CA called asked for him, I did the 20 question thing, basically started to make him disturbed, the conversation was exactly like this...

Is -----   there, I said who is calling, he told me his name, I asked calling from where?  Minnesota, I asked again, from what company?  He became agitated, he said IS ---- THERE?  I asked again, who are you and what company are you calling from, he responded, I am not telling you anything you haven't answered my one question to your 5 questions, he responded again  IS ----  THERE|?  I said I don't have to tell you that, if you won't give me your information, he said alright fine than I will have someone else call you to continue to proceed with collections on his debt. I said you DO NOT CALL HERE AGAIN that this is my phone number, I pay the phone bill, he said we will keep calling until he pays. (the caps  and bold do represent yelling)  then it was clik!

I am also writing this for a time and date stamp as to the events and phone conversation. Call screening is training from many years.

Also, note that this person did not know who I was, I didn't tell my name or relationship. I have written down the phone number, time, date, but still trying to pull his name, from memory; was a wierd one both first and last.  I supposed this will greatly affect the cause? Can I call them back and ask who called this number at that time? I have been successful before doing so.

This is the only one that I know othr 1/2 has. 

So my great friends in credit land, what is our recourse?  We believe, though, not sure it is soon to drop off. OC 5/02, two pmts behind in spring 03,  rpoed from mall ( I think in 6/03) can't remember, though, they are reporting incorrect dates Plus theykeep increasing the amounts showing up on his CR by thousands. I think the CA Name is Calvary Portfolio, was an 877 number, which they are actually out of NY.

We are tired of dealing with them, harrassment and nasty and their continued calling after they were told do not call.

Any advice would be greatly appreciated, or a letter or something... best is plan of attack as we do need scores.

Big Thanks!!

[shalane85]

One thing I do know is that if you tell a CA to stop calling you should also put that in writing and if they continue to call report them to the FTC.

[Anonymous]

What about telling me that he has a collection debt?

[Anonymous]

1.  When the company calls, after you get their name, their company name, their phone number, and their address if possible, tell them to stop calling THAT number.  Tell them to remove THAT phone number from their data base.  By law, they have to remove the number.

If they try to say you don't have the authority to tell them that, you can reply back with you can, since it is your phone number and they do not have any business with you.

Start the paper trail..If it's bad, go down and file a police report.  Tell the police it is just the start of a paper trail.  You are not expecting any action on it, but since you are being harassed and telephone stalked, you WANT their to be  paper trail. 

2.  If the company calls back, get the basics, then ask if they have paper to jot down some notes.  Then give them the police file number and the officer who took the report.  Remind them you have told them to stop calling THAT number.

3.  Next step, BBB and AG.

4.   You can also send them a letter, if you got their address, letting them know you have started legal action (filing a police report counts).  Please include the case number, with a reminder to stop harassing you. 

Good luck! 

[RobertEG]

IMHO, I respectfully  think you are going about your fight in the wrong manner.

You are not the consumer, hubby is.

 

When the CA called you back in 2004, that was arguably not an “initial communication with the consumer with the collection of any debt,” under FDCPA 809.  They spoke with you, and not with the consumer.

If you were not the actual “consumer,” they could not provide their dunning notice orally to you in that conversation, or use it to establish consumer notification.

 

You kinda have a legal mess in interpreting the FDCPA dunning notice provisions of section 809(a).  Their call was not a communication with the consumer, it was with a third pary, and likewise, your conversation with them does not establish your ability to file any cease and desist notification to the CA based on that conversation. You are not a legal party to either the OC account or the CA account.

 

Dear hubby, the consumer at interest, needs to pick up the ball, for it is his debt.  Has he ever talked to, or been noticed by the CA, orally or in writing?

 

He can DV under FDCPA 809, or file a written request to cease communiations under FDCPA 805(c).  I don’t understand why you are even in the loop, for legally you are not.

Message Edited by RobertEG on 02-17-2009 07:37 PM

[Anonymous]

Would the SOL run out by now?

[RobertEG]

To determine expiration of the SOL, you need to know two things:

1. the original DOFD on the OC account, and

2. your state SOL law, regarding its time of expiration, and provisions for its reset from the DOFD based on any later payments or offers to pay.  It varies under the code of each state.

[Anonymous]

SOL IN MN for Contract and other is both 6 years. In this, I am really trying to educate myself since I have sons etc.. I want to know so that I can teach them as well.  Other things that I don't understand is all this below.  False dates, false balances plus CA has increased Bal due. OC unsure when charged off, TrUC starts from 1/05, but isn't true; repo pretty sure in spring 2003. maybe spring of 04.  Calls have all the sudden started all over again--have't heard anything for about a year or so.

Why also is it now showing on this TruCrdt rpt a date opened of 1/09 when its not true? So confusing!! What is DOFD?

Any advice?

Also, I guess I don't understand then, If a CA tells an unterested party about a debt someone else has, isn't that a violation of some kind?

CAVALRY PORTFOLIO SERV Creditor Name: CAVALRY PORT CAVALRY PORTFOLIO SERV       

Original Creditor: 12 AMERICREDIT AMERICREDIT AMERICREDIT

Responsibility: Individual Individual Individual

Condition: Derogatory Derogatory Derogatory

Original Balance: $7734 $7734 $7734

Balance: $9548 $9548 $9548

Date Opened: 11/29/2006 11/2006 11/2006

Date Reported: 01/18/2009 01/18/2009 01/2009

Remarks: [TransUnion] Placed for collection   [Experian]   [Equifax] Subject has not satisfied debt.  

[Anonymous]

Thanks to you and PennyShine, I included additional info next post.  I really appreciate your help!!

[Anonymous]

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@Anonymous wrote:

SOL IN MN for Contract and other is both 6 years. In this, I am really trying to educate myself since I have sons etc.. I want to know so that I can teach them as well.  Other things that I don't understand is all this below.  False dates, false balances plus CA has increased Bal due. OC unsure when charged off, TrUC starts from 1/05, but isn't true; repo pretty sure in spring 2003. maybe spring of 04.  Calls have all the sudden started all over again--have't heard anything for about a year or so.

Have you been fixing his credit? Or opening new credit accounts? The CRAs sell that sort of info to CAs -- and once they realize that you care enough about your credit to either fix it or obtain new credit, they figure they can leverage you into paying THEM off.

Solution (such as it is) to the CRAs selling your info is to "Opt out" with the CRAs. On the plus side, it'll also cut drastically down on the amount of junk mail and crappy credit card offers, too ( or at least is supposed to!).

Why also is it now showing on this TruCrdt rpt a date opened of 1/09 when its not true? So confusing!!

"Date Opened" merely means either: 1) the date the account was placed in the CA's hands (or purchased BY the CA) or 2) the date they first reported the account to the CRAs.

In and of itself, it means nothing to your scores. What matters is the date(s) the account is UPDATED. That means it's (essentially) being seen as "new" by FICO and therefore dings your scores.

What is DOFD?

"Date of Final Delinquency" -- it's the date that determines when it will fall off your DH's reports. Add 7-7.75 years to that date and you have a guesstimate of when it'll "poof!"

Any advice?

Also, I guess I don't understand then, If a CA tells an unterested party about a debt someone else has, isn't that a violation of some kind?

Yup, it is. A BIG one. But you, since you're not the debtor, have no right to file anything with anyone about this violation. Your DH is the injured party, not you. He's the one who'd have to file complaints or lawsuits. In this instance, you have no rights, since you weren't the one injured.

CAVALRY PORTFOLIO SERV Creditor Name: CAVALRY PORT CAVALRY PORTFOLIO SERV       

Original Creditor: 12 AMERICREDIT AMERICREDIT AMERICREDIT

Responsibility: Individual Individual Individual

Condition: Derogatory Derogatory Derogatory

Original Balance: $7734 $7734 $7734

Balance: $9548 $9548 $9548

Date Opened: 11/29/2006 11/2006 11/2006

Date Reported: 01/18/2009 01/18/2009 01/2009

Remarks: [TransUnion] Placed for collection   [Experian]   [Equifax] Subject has not satisfied debt.  

---

FTR, the reason they're still coming after you for the balance is because just because the vehicle was sold at FMV, the balance (what wasn't paid on the actual debt -- AKA, the difference between the balance and the FMV) is still payable and owed.

If the car loan still had $10K left on it and was sold for $5K (FMV -- since vehicles depreciate horribly), you're still on the hook for the remaining $5K -- since the agreement was to repay the borrowed amount regardless of the vehicle's value.

Bottom line is that you need to find out the exact date of the FIRST missed payment on the vehicle. That's what will determine your SoL and whether or not you're still fair game with the CA. If you've comfortably passed the SoL, send them a FOAD letter. Or have DH complain about their violations (they should NEVER have spoken with you about the debt -- even if, IIRC, they KNEW you were the spouse).

Spank'em Darlin' -- or rather, give DH the switch and let him blister their butts RAW.

Best of luck to you guys!! Keep us posted!!!