cryix47 Posted December 18, 2004 Report Share Posted December 18, 2004 Hi,I recently stopped paying on my credit cards because the were becoming overwhelming. For the past 3 weeks people at my job have been telling me that I've been getting phone calls but they werent sure who the person calling was. It seems that whenever these people call they always hangup when the person that answers the phone says one moment I will get this person for you. There was one phone call that I got from household. I tried to lie to them and say that the credit card was dischanged in my BK so that they would stop calling but the guy wanted all kinds of info,so I just hung up on him. My boss is starting to wonder about these calls. 8) . How do I go about getting these people to stop calling my job? They are calling an average of 5 times a day. I feel that they are slowly exposing my financial issues to my employer. Isnt this illegal??? Any information would be greatly appreciated. Link to comment Share on other sites More sharing options...
luckyduck Posted December 18, 2004 Report Share Posted December 18, 2004 It is not illegal to call you at work until you tell them that you cannot receive calls at work. Tell them when they call. Get a mailing address, and tell them in writing via CMRRR. Link to comment Share on other sites More sharing options...
Josh Mcgrath Posted December 18, 2004 Report Share Posted December 18, 2004 and if they continue to call after the C&D -at home or work-, sue them! Link to comment Share on other sites More sharing options...
workinninetofive Posted December 18, 2004 Report Share Posted December 18, 2004 There is a C&D ltr under sample ltrs. Link to comment Share on other sites More sharing options...
willingtocope Posted December 18, 2004 Report Share Posted December 18, 2004 Sorry, folks, the FDCPA doesn't apply to the OC. In general, they can be as nasty as they like...unless, they have "contracted" with a CA to do the hassling for them, in which case then you can use the C&D, DV process against the CA.If it is the OC calling, then your only real choice is to call THEM from home, give them your home phone number and tell them you'll be glad to work with them from there. Tell them that if they continue to call you at work, you'll be fired and then you'll have to declare bankruptcy. They probably won't care, but they may let up on that.You'll need to be thick skinned...tell them you've run into some temporary difficulty, and you can't pay them now. Tell them you'll be glad to keep them informed as to your progress. If you promise to call them back...do so...but just put them off again. They'll press you for money, threaten, want promises you can't keep, and generally make a nuisance of themselves. You goal here is to put them off long enough to where they turn your accounts over to collections (60-90 days late) and THEN you can hit the CAs with the FDCPA.In the meantime, keep track of all calls to and from the OC...you might need them later. Link to comment Share on other sites More sharing options...
nolo Posted December 21, 2004 Report Share Posted December 21, 2004 Hi,I recently stopped paying on my credit cards because the were becoming overwhelming. For the past 3 weeks people at my job have been telling me that I've been getting phone calls but they werent sure who the person calling was. It seems that whenever these people call they always hangup when the person that answers the phone says one moment I will get this person for you. There was one phone call that I got from household. I tried to lie to them and say that the credit card was dischanged in my BK so that they would stop calling but the guy wanted all kinds of info,so I just hung up on him. My boss is starting to wonder about these calls. 8) . How do I go about getting these people to stop calling my job? They are calling an average of 5 times a day. I feel that they are slowly exposing my financial issues to my employer. Isnt this illegal??? Any information would be greatly appreciated. cryix47,I'm sorry to hear about this happening to you. I've been there and here's what worked for me.Even though the FDCPA doesn't apply to original creditors, MOST OC's will abide by the same rules, as long as it's in writing (certified mail with return receipt). Basically, instead of using the FDCPA to get the calls stopped, you start buliding a harassment case instead. Telephone harassment is a crime. Just go ahead and send the same limited cease and desist notice (limited to written commuincation only) and tell them that you want them to stop harassing you by telephone, both at work and at home. This approach has worked for me every time. I did have a couple of OC's that needed a couple of letters before they got the message, but it usually just took one letter. Think of it this way, every letter you have to write to them asking them to stop harassing you, helps build your case. They WILL get the message. Good luck to you. Link to comment Share on other sites More sharing options...
retmar Posted December 21, 2004 Report Share Posted December 21, 2004 cryix47, it would help if you let us know the state you are in. Some states have their own laws that do hold the OC liable under the FDCPA. California is one.If you can find proof of your state's laws, go for it, but, if not, do as suggested and send them the limited C&D. Be sure and send CMRR so as to protect yourself in case you are sued. This way, if the calls persist after receipt, you have evidence of harassment which can help in giving you an edge in settling. In short, whatever you can do to benefit yourself, do it. Link to comment Share on other sites More sharing options...
reno2360 Posted December 22, 2004 Report Share Posted December 22, 2004 I am in California and would LOVE to get some detailed info on where/what part of California law holds the OC liable for misdeeds on the part of the scumbag CA's they use.That would be helpful to many of us here. Thank you, thank you!! Link to comment Share on other sites More sharing options...
willingtocope Posted December 22, 2004 Report Share Posted December 22, 2004 reno: check out http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=492 Link to comment Share on other sites More sharing options...
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