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Creditors vs. debt collectors: harassment rules?


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Hi all, I've been reading up on debt collection practices, and have found that debt collectors cannot contact you at work, if you notify them in writing. But what of original creditors such as Chase and capital one (such as in my case)? Unfortunately, as far as I could see, there's nothing mentioned about original creditors not being allowed to call and harass you every day at work. Is there any way which I can force them to stop contacting me at work? I would appreciate any info., thanks in advance

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You're right, the FDCPA does NOT apply to original creditors. However, that doesn't mean you can't at least try to make them stop calling you at work. Send them a letter, certified, and tell them that your employer doesn't allow personal calls, that such calls jeopardize your employment, and that they are to cease and desist calling you at work. If they have your home contact info, tell them to use that ONLY.

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<blockquote>Originally posted by thatyea

Yeah...from what I've read you can't sue an origial creditor under the FDCPA. But if they send you a collection letter under the name of a different company than you can?

And I'm not sure about the sarcasm?!? Look at your quote and then look at my post. Did you even read it or are you just having a bad day? I'm looking for opinions and help. If you don't want to offer that then don't feel obligated to post a reply. Leave it alone if you don't have anything constructive to add.

[Edit by thatyea on Sunday, June 1, 2003 @ 06:50 PM]

</blockquote>

Hey, thatyea

Swede is a senior member of this board, It is because of her that this board is a success. If she asks for more information its because she doesn't want to waste the time of other readers, you know she is very knowledgable and she has to use her time and the senior members time wisely.

We get a lot of people comming around here who ask a question and it turns out to be something totally different at the end, and end up wasting everybody's time.

If you feel that you can't humble your self and give a straight answer, then... Well you know!!!

So, let me make a recommendation to you, if you see somebody asks you a question for more information, who has more the 8 stars , it behooves you to give a striaght answer. We are all pretty honest people around here, but we don't like to be taken on a "wild goose chase", and we don't appreciate somebody taking advantage of our good nature. I'm sure you can understand that!!!!

[Edit by ADSOFT on Sunday, June 1, 2003 @ 07:34 PM]

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Say the landlord is company x. The collection letter I received was from the collection department of company y. But I know that company x and y are both divisions of the same "parent" company. The collection letter, because of Michigan state laws, violated the FDCPA section 807 (4). The letter threatened to garnish my income, etc. But the landlord had not commenced an action in court for a money judgement within 45 days after termination of the occupancy and after that 45 days a landlord can't commence such an action. So the letter threatened a court order to garnish my income when the time limit for it to commence an action in court had already lapsed.

That's why I'm asking if anyone has any thoughts on whether I could sue under the FDCPA. But it's the original creditor part I'm wondering about because both companies are divisions of the same company.

The definition section of the FDCPA states "the term 'debt collector' ...includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."

[Edit by thatyea on Wednesday, June 4, 2003 @ 03:17 PM]

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I like your 807 (4) claim. The parent/subsidiary issue is interesting but I can't see that it adds much to your case.

As to the remaining exchange, don't worry about it. Personally, I get very frustrated when I read a long post seeking advice only to find out that the poster doesn't say what state they live in. Sometimes my response evidences my frustration because I know I'm going to have to read it all over again once I have the relevant info. It doesn't mean that I'm not going to try to help the person, however. All we can ask it that you read the board first to see if your question has already been answered and try to give as much pertinent info as possible.

Good luck.

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I actually heard from the landlord today (I had sent it a letter about 30 days ago informing it of two FCRA violations and the one FDCPA violation). I was told that my file will be forwarded to the landlord's attorney(ies). So I plan to file my case in small claims tomorrow. I'm nervous, but I think I've allowed more than enough time for the landlord to sit on my letter. I had originally asked for a response within 14 days. I'm hoping so badly for an understanding judge. I wish I had an attorney, but I know I've got everything I need and have reviewed the FCRA and FDCPA enough to know what I'm talking about.

I do appreciate the help I've encountered on this site and would like to apologize for any rudeness on my part earlier this week. I've edited some of my previous posts to reflect this. I've had a hard time finding answers to some of my questions, but I realize my landlord situation makes my questions a bit different from most of the problems I see posted.

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<blockquote>Originally posted by thatyea

I do appreciate the help I've encountered on this site and would like to apologize for any rudeness on my part earlier this week. I've edited some of my previous posts to reflect this. I've had a hard time finding answers to some of my questions, but I realize my landlord situation makes my questions a bit different from most of the problems I see posted.

</blockquote>

I had forgotten to respond to this thread and just noticed you had edited it. You weren't that rude, I can understand it's frustrating for you, it's frustrating for us all sometimes and although you felt my reply was rude it wasn't intended to be so. I really just needed some more information on it, it's hard to give advice on one-liners and I don't want to give the wrong advice because that could potentially make it worse. You know, garbage in garbage out.... Just try and make your posts specific and detailed so you'll get the best possible advice there is.

Adsoft- I appreciate the backing ;)

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