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Recorded calls to OC


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On a recorded call to an OC(Discover), I agreed to EFT from our checking for the next three months. I have posted this disaster earlier this week, but am wondering if they recorded the conversation, is there anything they can do? BTW, I closed the account and moved it to another bank. We didn't have the $ it turned out after making agreements, they were wanting too much.

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On a recorded call to an OC(Discover), I agreed to EFT from our checking for the next three months. I have posted this disaster earlier this week, but am wondering if they recorded the conversation, is there anything they can do? BTW, I closed the account and moved it to another bank. We didn't have the $ it turned out after making agreements, they were wanting too much.

There's no law against what you did that I am aware of. Bounced check laws do not apply to EFTs.

For the recording: Under federal wire-tapping law they (and you) cannot record a phone call that goes across State lines unless you notify the other party that you are doing so.

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For the recording: Under federal wire-tapping law they (and you) cannot record a phone call that goes across State lines unless you notify the other party that you are doing so.

ok, thank you.

They had the usual message before putting someone on the phone that the call may be recorded for Quality Assurance purposes....I also heard beeping during the conversation...so assumed they were recording.

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For the recording: Under federal wire-tapping law they (and you) cannot record a phone call that goes across State lines unless you notify the other party that you are doing so.

ok, thank you.

They had the usual message before putting someone on the phone that the call may be recorded for Quality Assurance purposes....I also heard beeping during the conversation...so assumed they were recording.

I think you have to assume that was the notification that they could be recording the call. I would assume that it was recorded. But I dont know what good it will do them.

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For the recording: Under federal wire-tapping law they (and you) cannot record a phone call that goes across State lines unless you notify the other party that you are doing so.

ok, thank you.

They had the usual message before putting someone on the phone that the call may be recorded for Quality Assurance purposes....I also heard beeping during the conversation...so assumed they were recording.

Yeah...the beep is a tell-tale sign that they were recording it. But, this would fall under a verbal contract. Were they living up to their end of the bargain? I assume you asked for tradelines to be altered or deleted? If you were living up to your end and they were not, then there is no "consideration" under the verbal agreement and you would be well within your rights to stop payment.

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No, I didn't ask for anything :oops: I had called to try to make payment arrangemenets...is a long story why I stopped payment and changed banks, I posted on another thread about all that....had a 'psychotic' moment of moralness I think....if that makes sense, trying to work things out with OC, and before I got to half of them, we were out of money because they were all wanting more than what we have.

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No, I didn't ask for anything :oops: I had called to try to make payment arrangemenets...is a long story why I stopped payment and changed banks, I posted on another thread about all that....had a 'psychotic' moment of moralness I think....if that makes sense, trying to work things out with OC, and before I got to half of them, we were out of money because they were all wanting more than what we have.

Although not an entirely honest response, you could use the excuse later that you had some fraudulent EFTs posted to your account and that required you to close the account and move to a new one. Your bank records are off-limits to the OC so they'd have no way to refute your claim.

Next time round, get something in exchange for the payment arragement. If they don't give in a little, then they get no money at all. It may be worth it to them to agree to some tradeline changes in order to get paid.

Oh, and do it in writing. Phone is too hard to admit into evidence in court.

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Although not an entirely honest response, you could use the excuse later that you had some fraudulent EFTs posted to your account and that required you to close the account and move to a new one. Your bank records are off-limits to the OC so they'd have no way to refute your claim.

Next time round, get something in exchange for the payment arragement. If they don't give in a little, then they get no money at all. It may be worth it to them to agree to some tradeline changes in order to get paid.

Oh, and do it in writing. Phone is too hard to admit into evidence in court.

Thanks, hadn't thought of that...at least it might get them off my back a little, although I doubt it. Hopefully there will be a next time....they probably won't take too kindly to this. :roll: Most of them were not even civil to me, and I was the one calling them....one was extremely nice and helpful, the others that I called acted like they could have cared less, one was downright rude. Wish I could find a way to stop our phone from ringing incessantly....the only upside to all of this was the phone isn't ringing(for now)....am quite sure it will again as soon as they realize there is no money there for them in the account.

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Thanks, hadn't thought of that...at least it might get them off my back a little, although I doubt it. Hopefully there will be a next time....they probably won't take too kindly to this. :roll: Most of them were not even civil to me, and I was the one calling them....one was extremely nice and helpful, the others that I called acted like they could have cared less, one was downright rude. Wish I could find a way to stop our phone from ringing incessantly....the only upside to all of this was the phone isn't ringing(for now)....am quite sure it will again as soon as they realize there is no money there for them in the account.

Cant you send an OC a limited C&D?

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We did, but that only stopped the calls at work. Metris(Direct Merchants calls approximately 7-10 times a day, Discover 5-7 times a day, then we have one that calls and hits our Privacy Manager, and all we hear on the message is 408-4070, they start talking before they are supposed to, so we don't know who they are, and on occasion we will get calls from a couple others. But, have had one call a neighbor, even after talking to me three times, then another that called the IL's, but don't know who they were because IL's can't remember the name.

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Cant you send an OC a limited C&D?

Unfortunately there doesn't appear to be much law to prevent an OC from calling. You may be able to use the Federal Telecommunications Act (provisions on harassing calls) to get them to stop. Never tried it though.

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Cant you send an OC a limited C&D?

Unfortunately there doesn't appear to be much law to prevent an OC from calling. You may be able to use the Federal Telecommunications Act (provisions on harassing calls) to get them to stop. Never tried it though.

Hmm.. gotcha. Thanks!

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Phone calls to neighbors are permissable by either the OC or the CA for location purposes only, not to discuss debt or deliver messages. Once your residence is confirmed, they are not permitted to call again! WARNING: Trauner, Cohen & Thomas of Atlanta, GA has been known to contact neighbors on the block not only for location confirmation, but to deliver *urgent* messages as well! So, beware of this outfit.

I would personally never hesitate to voice record a conversation with a creditor because A:) they are recording/monitoring outgoing/inbound calls for various reasons, and B:) the conversation can be used for future reference, and C:) you have a better chance of winning the lotto then someone prevailing against you for recording a conversation w/o their consent.

With regard to DISCOVER, be aware that the Hallmark cards they mail out are not sympathy cards! The true meaning is "we're coming to get you after you charge off"! Be further advised that it is imperative IMO that any important correspondence you send to them be sent certified mail because they have a high frequency of claiming non timely or no receipt of mail and they have a knack for suing people after six months of payment default.

Don't worry about declined EFT's!

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The ones that called the neighbors (who by the way we barely know) was Kay Jewelers. I had received three calls at work from someone named "Sara", told her repeatedly to stop calling me at work, and also talked to someone named "Mark" at my home. They knew exactly where I live as well as my phone number, and used the excuse to the neighbors that they needed to get me an urgent message. I was LIVID! to say the least.

I looked yesterday for the laws on our state as far as recording, and Missouri is a single person state, so may use that in the future.

Discover I have been reading about on the boards, and is the one that worries me. We are using a debt settlement company, however not sure yet what if anything they will do if the company sues us. Within 6 months we should have enough to settle with them, but not sure. I will have to go back over our agreement to see. I have read horror stories about Discover. The ds company did tell us that if we send a C&D to them just to make them stop calling, they will move the account directly to legal if they have no means of reaching us. They also said that as soon as the account is moved to collections we send them our limited power of attorney and then they can only contact them. We haven't made payments to anyone since the end of November, so we are going on 120 days delinquent.

We have also been getting those 'Hallmark' cards from Bank One. It is very strange how we have 10 creditors and only about half have attempted to collect so far. We have gotten maybe one or two calls from several of the other half, but that is it.

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It pays to DISCOVER, that is, if you're DISCOVER! They are a litigation machine and they keep hundreds of law firms busy in US. The best targets are those with jobs or who own their homes. The modus operandi of DISCOVER is to be ahead of other creditors in the collection process. Oftentimes after people are sued by DISCOVER, other creditors continue to monitor credit reports for signs of payment activity, if not, they tend to back off because it simply isn't worth going after insolvent people who predictably may file bankruptcy. You can send limited C&D letters to anyone to request they cease contacting you at work, etc. or for say six months, etc. Collectors have been known to contact neighbors for the sole purpose of embarrassment under the ruse that they are attempting to locate you. They know where people are when there's a phone line. Always get those neighbor delivered messages in writing.

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