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Everything posted by cinnamngrl

  1. I am having a tough time finding any caselaw on harassing phone calls from debt collectors. All of the cases I can read about include violations of privacy and fraudulent threats. I think one problem is that the amount of money is small enough that it is less likely for a debt collector to appeal a ruling against them.
  2. I guess the example to look for would be someone that attempted to sue a collector for violating a notification to stop calling, and won or lost. Then someone would appeal this decision and and then the judge would explain how they applied the law. this is caselaw and I can see how this is not likeley to happen very often. This case would generally be happening in small claims court which doesn't create alot of caselaw. Some AG's have sued collectors, but not for this. I can only repeat that the collectors have always stopped calling. In a couple cases the debt was not validated, and in one case they settled. I never tried to just avoid the collector, that could not work.
  3. so when I quote the actual law, you challenge me to provide case law, but provide no links or case law of your own to oppose this. I will say that in actual experience, all collectors have stopped calling and not sued. One actually sent a letter of apology. I have tried to discuss this, but you don't seem to interested in that.
  4. Maybe it is not obvious, but limiting contact would have to mean that you make a good faith effort to communicate in writing. request verification, negotiate settlement, etc., agreed You could say that about all of these credit forums. There is no legal C&D form to fill out, all of this is about how you interpret the existing laws. If you point or link to the caselaw that prevents this interpretation I would be happy to read it.
  5. (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 antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location; This part of the law indicates that you can tell the collector to stop calling. As I said before, the collector can choose to sue you at any time. Logically, either the collector thinks that it is worth to keep communicating or not. But if the they harass you for some unspecified period of time with out going to court, then they risk being found in violation. I would hope that it would be obvious that if you sue collector that believes they have a valid debt with you, then they would obviously file your case in counter suit. And it that sense, I agree with your criticism if you mean that suing the collector would force your case into court. I would also say that It would be a fantasy to think that you get more more money then you owe someone. $1000 is the most that can be awarded for a violation. However if a collector files the case after harassing you, a counter suit can be filed. I believe that you can interpret the law to stop the collector from calling, without ending all negotiation. Of course collector can intimidate you into believing that telling them to stop calling will force them to take you to court. The truth is if you aren't willing to call their bluff on this, then a person would already be paying them. Again, I would also point out that most of the time the debt collector is calling the wrong number. Also thanks for reading the article. Even though I don't agree with the way you look at it, i can see your point. PS. I am cutting and pasting these parts of the code from this website
  6. © Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except— (1) to advise the consumer that the debt collector’s further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. Could you explain the remedies available to the collector that are not going to court? I think that saying a partial C&D is a myth is a matter of interpretation. In some ways all Cease & Desist Letters allow the collector to continue to send letters to the consumers. You would have to get a restraining order to stop letters, provided they do not contain threats, are sent to your work, or otherwise publicize the debt. I am not even sure if that is possible to show that receiving letters would harm you in some way. If you state that you will not consent to phone calls then the collector can choose to write you or choose to sue. They always have this choice. The creditor is not required to make any attempt at collection if a debt is not paid as agreed. I added and deleted a comma or two. If there is more please let me know. thank you. I would also point out that I believe that when this happens they are often calling the wrong number.
  7. honest criticism appreciated.
  8. everyone that disputes something twice is flagged as frivolous.
  9. I wrote this article about Capital One. This is a specific list of instructions that apply just this one credit card. I thought it would be helpful because so many people have problems with them. I wonder if it is a little risky to single out one company, but I think there is a need.
  10. Someone finally commented on my article at ehow. thanks for reading.
  11. My article suggest writing to the CRA with at least certified mail.
  12. I will let you write that article. It would be great if slightly more knowlegable articles were contributed. There are people saying things like talk to CRA's on the phone and most entries are removed in 7-10years. It's a travesty. There is a place where you can link back CIC.
  13. I wrote this for EHow. How to DIY repair your credit. I don't think that I am an expert but some of the other credit advice is ridiculous. and of course some of it is just a scam. So anyway, I wrote this and did not receive one comment. I would be thankful if anyone would check it out. Honesty appreciated, thanks.
  14. I actually posted more at this forum, but CIC had the best templates. It just seemed to have changed into some kind of non forum spam blog
  15. Does anyone know? I haven't checked it out for a while but I can't find the Threads.
  16. In the US: To “opt out” of the selling of your information for marketing purposes by the Credit Bureaus: (1) go to, (2) call 888.5OPTOUT (888.567.8688) , or (3) write each Credit Bureau using the Letter to Opt Out of Personal Information Release provided in the Sample Letter Index. To remove your name from mailing and telephone lists obtained from other sources, you may want to contact the Direct Marketing Association. In Canada:To remove your name from mailing and telephone lists, contact the Canadian Marketing Association. I copied this from this page
  17. You need to get this in writing. If he doesn't name the company that sold him this data, then these phone calls are hurting you not helping. Just because he didn't get the info from a CRA doesn't mean that it doesn't violate FCRA. Write him a letter demanding the financial records and where he purchased them. if it is perfectly legal, he will hand them over. and no I never heard of this.
  18. you need to opt out and pull your report. It will show which companies have pulled your credit. You'll be shocked to see how many. Contact the CRA and each company to deny that they pulled your credit for a permissible purpose. Did you write this finance company directly and deny that they had permission to look at your credit? what did they say? It is a violation to pull credit without permission. But that whole opt in/out is confusing.
  19. I have had the same home phone for almost 4 years. The previous owners of this number have serious problems. I have received calls from social services agencies, along with various creditors. For the first year I was called by Rent a Center every Saturday morning at 8:30 am. I tried to tell the people who called that the number had been reassigned, but the debt collectors ignored this. When I complained to the phone company about this, they were unsympathetic. After a while I just turned off my ringers and let my answering machine pick up. Screening all my calls, and only answering if it was family. I know this makes me sound like a chump but changing your number is a pain. So now I have this great new service the gives me online access to all of my messages and incoming calls. I can block chosen calls from making the phone ring. It also allows me to easily preserve copies of all messages as sound files. It allows me to review all of my incoming calls in a table form and I noticed that I have been repeatedly called by one collection agency for the last few months. I have sent them a CCCMR letter disputing any debt with them and requesting that all calls stop. My plan would be to sue them if they call again. But can I? I hoping to get some more information before I spend more than $4.62. 1. What will it mean that this company is calling by mistake? 2. I assume have to use Call Trace to document subsequent calls. Has anyone else used that? How many calls do I have to trace? 3. What is the proper way to serve a company that is in another state? How much does it cost? 4. has anyone else sued a collector for telephone harassment? What was the extent of the harassing calls? PS-- I have always enjoyed using smilies my posts. What would you say the context is to accent my comments with ?