Anonymous Posted June 8, 2003 Report Share Posted June 8, 2003 I have made a settlement with a BANK with regard to a repossed car. I have it in writing. I have not missed a payment. I have verbally and in writing advised the bank to have no one other than a specific person (a manager) from the Bank contact me by phone for whatever reason. Every month for the last 4 I have received harassing phone calls from"collection reps" who are abusive and threatening. In the last call the rep called me a flat out liar when I tried to advise him that I was not signing a promissory note for 4 x's what the agreement is and that I had a letter from his supervisor stating what the agreement for the settlement was. I requested to speak to the supervisor and the rep stated I would have to deal with him.The rep then threaten to put this account back on my credit bureau( it is off because of time and also I have a letter from the bank (the legal office) stating it would not be put back on) I tried to explain this to the rep and again he called me a liar and stated I would have to deal with him and hung up. I contacted the President of the bank who had his VP call me and told me they would investigate (this after I typed a 2 paged letter advising the President of the incident as well as a history of other incidents)I also advised them that only the manager is to contact me and only if the payment is not received by the end of the month as agreed. I got a patronizing letter from this VP - basically stating that anyone from the company can contact me and not mentioning any resolution to the problem with the particular rep involved. So my question is can I send them a cease and desist order advising them of no more phone contact only written contact and by certified mail (that way this protects me and them). Link to comment Share on other sites More sharing options...
kb9tbq Posted June 8, 2003 Report Share Posted June 8, 2003 To the collection agency yes absolutely.Also contact the Federal Trade Commisstion, Better Business Bureau, Attorey General, States Attorney... would definately be filing complaints against this collection company every where.I would actually - wait (with a company THIS BAD that obviously needs to be delt with). I would tape record him - Now for this to be permissible in court you have to inform him in the begining that the conversation is being recorded, but I am sure with a cocky as this person sounds - it may just go right past him since he sounds only one minded on attack.You could then take that tape back to the states attorney to sue this company, fight fire with fire on this company. They don't want to play by the rules, so give them a wake up call.Might also look over at www.planetfeedback.com to see if you find a different contact person at the bank to make them aware of the collection agencies practices. I would inform them that thier collection agency is running illegal in threatening people with action which can not be done - and that all he has to do is look up the FDCPA.You can find this right up above on this page - give a look see, you will know what I mean for sure then.Have a good day. [Edit by kb9tbq on Sunday, June 8, 2003 @ 07:15 AM] Link to comment Share on other sites More sharing options...
Anonymous Posted June 8, 2003 Author Report Share Posted June 8, 2003 This does not involve a collection agency but the actual Bank - the original creditor. So would the same hold true. Link to comment Share on other sites More sharing options...
kb9tbq Posted June 8, 2003 Report Share Posted June 8, 2003 Oh, sorry - I thought collection agency was in the mix - but still I would get a tape recording of this guy.No the bank is not covered by the FDCPA, but they are covered by the FCRA (and that reference to re-adding to the credit report is illegal) so you could still get them for intent to defimation of character (sounded good to me) but you should talk to a lawyer for sure. You have a serious problem with them having your phone number (would invest in caller id) for sure. I still think you should look at the site I linked - to see if it gives a different contact person to write to, still let him know you are being harrased by his own peopole. When arrangements had already been made with this other person. (Unless that prior person is now gone) best call up and confirm this. Link to comment Share on other sites More sharing options...
ADSOFT Posted June 8, 2003 Report Share Posted June 8, 2003 <blockquote>Originally posted by MicheleThis does not involve a collection agency but the actual Bank - the original creditor. So would the same hold true.</blockquote>Sometimes it depends on what state you are in. In some cases OC are subject to the collection regulations that CA's are.What state are you in????????? Link to comment Share on other sites More sharing options...
nolo Posted June 10, 2003 Report Share Posted June 10, 2003 michele,Send the CD letter restricting communications to writing only. Send it certified mail with a return receipt. The OC will most likely respect your written notice. If they do not, then a letter from an attorney will get the calls stopped.I've done this myself numerous times with OC and they always stop calling. (never had to involve a lawyer) The sooner you get everything in writing, the better off you will be. Remember, debt collectors depend on the use of telephone harassment. If you take that away, they lose interest fast. Good luck. Link to comment Share on other sites More sharing options...
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