BEST WAY TO NAIL FOR VIOLATION

[rodeomom]

Have a ca, (attorney), sent DV letter within 30days, they are still calling, I havent' answered, but recognized them from once when I did answer and informed them I had sent the DV letter, she screamed at me and wanted to know why on earth I would do that.

My? is what is best way to prove they are calling after letter CMRRR signed for. I have answering machine biuilt into cordless phone, have cam corder, and a small pocket recorderl. how do I go about nailing them for violation for future settlement leverage.

After yesterday I have renewed vigor,

even got an apology call after apology letter from hospt. on acct that was pd and they were still trying to collect on. They must be pretty scared, good.

rodeomom

[c m chase]

Depends....are you and collection attorney in the same state? If so, what state is that?

[rodeomom]

I am in Kansas

Ca is firm of Mitchell Kay in Smithtowne New York

rodeomom

[miracle]

Hmm looks like Kansas and NY are both One party consent for phone calls.

http://www.pimall.com/nais/n.tel.tape.law.html#anchor373433

If this is the case, I believe you can go ahead and record. Just make sure that you get the name of the person you are talking to and doucment what time it is, the date, etc....

[rodeomom]

THANKS!!!!

RODEOMOM

[bluealex915]

Did you include a cease and desist notice along with DV. If not write another letter and send it certified to them. This time if they continue to harrass you, you have got them and if they continue after that you have really got them, it could turn into some cash for you if you play your cards right.

Another thing you need to look into is that some states require collection agencies to be bonded and licensed within the state they are trying to collect in, look into that.

I don't know a whole lot about the collection end of things but maybe this will help you out.

Good Luck

[rodeomom]

I did include C & D

just reivewed their dunning letter to me and I may have found a few violations in it.

will let ya all know after I have it reviewed.

hope so cause they sent 3 separate ones with all same #acct. but with an a, b, or c after #.

So, could be good leverage I hope

rodeomom

[LadynRed]

Do you, by any chance, have an old dial-up modem in your pc ???

I have software on my pc that acts as an answering machine. It not only records the messages, it makes a LOG of the date, time, length of call, whether or not a message was left, and the CALLER ID (if you subscribe) of the caller !! This is a GREAT way to keep track of these things. You can have multiple folders and 'mailboxes' too. I used to have a folder for each CA - and every call was recorded and logged. Once you listen to the message, you know who's called and you can drop that log entry into the appropriate folder.

There's another program that will record ALL calls and you're only limited by disk space. You can set it to beep to let them know they're being recorded, or you can put it in stealth mode and they'll never know.

[rodeomom]

yes I do have slow old dial up modem

out here in the sticks, dsl not available

slow but I have no ld charges

how do I figure this one out to do

rodeomom

[rodeomom]

Lady - does that fact that computer is on separate line from home phone?

My thought for recording was have cam corder at ready, when shows up on caller Id you can see it well on tape with zoom

the answer phone and record. though I would play with it with a frined to see if both sides of converstation can be heard.

I know this sounds absolutely silly, but hey what do you expect from a redhead from Kansas lol

rodeomom

[LadynRed]

Your modem should have 2 jacks, one for LINE, one for PHONE. You simply plug in the phone line for your home phone into the LINE jack on your MODEM. You can set the software to pickup the phone after x # of rings.

I had 2 lines in my house but only ONE jack with a splitter, so I could switch back and forth if I needed to. You could just set up your pc to answer the incoming calls from the home phone and let it be your answering machine. You can get a 'Y" adapter so you can use the outgoing pc line and still should be able to pick up incoming calls.

Both of these programs are under $25 too.

[Guest]

Or you can do what I do.

I went to radio shack.. paid 5 bucks for a suction cup recorder that went on the telephone handset.

I plug it into a cheap 10 dollar tape recorder and record them

Easy.. user friendly nad cheap too

[agn140]

I sent a dv with a C&d included in the letter.recvd. green back.

They made numerous calls to me every day after signing.

I made digital photo of caller id , it has number came from date and time

I sent an ITS.

recvd green and they still call after signing have dig photo.

Spoke to a lawyer that has worked for me on other matters in past

he is familiar with this area and he says send him copy of info its a slam dunk

How would you count violations on this. Is it only one because it isone action even though they have probably called 30 times since receiving first letter.

Its NCO and they are calling on two seperate accts. so I know it's at least two actions

However considering how many times they called it would seem that in addition to the violation of the dv and C7D there is definate attempt at harasment.

All comments appreciated.