5greatkids Posted August 11, 2004 Report Share Posted August 11, 2004 I have been dealing with a CA trying to gather some money to pay off debt. I have not DV'd him but have asked him to not call me at work 3x. He is now claiming that he can call me at work because when he calls me at home he does not get me (leaves a message and I don't return it). He stated that by not speaking to him it costitutes a refusal to pay. I stated not a refusal but a demand to not call me at work because I am unable to rec. calls. Can he continue this? I really need to buy some time. He also said he will have to decide to keep the account (in hopes I will pay him) or send it back to the bank (its a CC account). Would sending it back to the bank be good- or is that a directline to being sued (which I REALLY want to avoid- again- trying to come up with cash to setttle!) Any advice about this... Thanks for everything!!! Link to comment Share on other sites More sharing options...
DocPC Posted August 11, 2004 Report Share Posted August 11, 2004 DV with a limited C&D CMRRR. Who is this a$$? You already have $1000.00 on him. Link to comment Share on other sites More sharing options...
DocDon Posted August 11, 2004 Report Share Posted August 11, 2004 Report them. The FTC and state Attorneys General cannot take action if they're not made aware of what's going on out there.You do not have to communicate with a CA. Refusal to do so, as does failing to request a DV, will not be construed by any court as an admission of liability by the consumer (FDCPA 809 ©).Further, it's not up to him to decide to violate company policy. He's calling on their phone, not yours. Big tough guy's going to find himself in a heep of horse manure.CAs send accounts back all the time. Depending on what it is, the OC will send it to another CA.DO NOT PAY ANYTHING TO THIS CA. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted August 11, 2004 Report Share Posted August 11, 2004 I might remind teh hack that calls you that he can be held individually liable for his conduct under the FDCPA. You could sue him and his boss!!! Link to comment Share on other sites More sharing options...
5greatkids Posted August 11, 2004 Author Report Share Posted August 11, 2004 Thank you, thank you, thank you....I feel like you guys are my personal cheering squad. The limited C&D will be sent out tomorrow! How would I go about collecting the $1,000? It seems like pie in the sky but.....would pay a few of those bills!!!! Link to comment Share on other sites More sharing options...
DocDon Posted August 11, 2004 Report Share Posted August 11, 2004 Read the FDCPA. Start gathering "evidence" of their violations according to the Act. Sue them in small claims.When you report them to the FTC and their state AG's office. You'll get a copy of the response to the AG's inquiry. You can use that to your advantage as well. They'd be taking one more step toward the edge of the ravine if they choose to lie to the AG. Link to comment Share on other sites More sharing options...
5greatkids Posted August 11, 2004 Author Report Share Posted August 11, 2004 I want to contact the AG in the state the CA is in or my home state? Thanks again!! Link to comment Share on other sites More sharing options...
DocPC Posted August 11, 2004 Report Share Posted August 11, 2004 Hell, do both! Link to comment Share on other sites More sharing options...
Methuss Posted August 11, 2004 Report Share Posted August 11, 2004 Tell this @ss next time he calls that you are recording the conversation and will do so for all subsequent phone calls. Do record if you can...devices can be had from Radio Shack that do the task for about $30.He'll spout some nonsense about not giving you permission...You don't need it. Just respond to that by saying "if you don't like it you have the option to hang up and not call back." 8) Link to comment Share on other sites More sharing options...
Guest Posted August 12, 2004 Report Share Posted August 12, 2004 The small suction micrphone that can be plugged into any normal little tape recorder is only 5 bucks and it worked just fine for me recording my calls.So there ya go!!! Link to comment Share on other sites More sharing options...
anti-something Posted August 12, 2004 Report Share Posted August 12, 2004 agreeing with Sky, i got that little suction cup thingy, it was $1 or something on a sellout table at RadioShack. works just great. Link to comment Share on other sites More sharing options...
Methuss Posted August 12, 2004 Report Share Posted August 12, 2004 The accoustic coupler doesn't always work with older business phones...Especially those made by Rolm. Those suckers are made tough, but that also means the vibrations don't travel as well throguh the handset. But for a few bucks it's worth trying (didn't work on my Rolm 400). I had to use a line tap device myself which cost me $29. Link to comment Share on other sites More sharing options...
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