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IS THIS LEGAL?


JENDELA1
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I got a call back in late october from a collection agency that was trying to collect a debt for a car that was voluntarily reposessed. The woman was very nice and offered to call me back in January and told me that I could settle for as little as 500 dollars. Well, last week, I got a call from the same agency and they pretended to be an operator saying they had a third party call and that they would connect me. The man who got on the phone didnt give his name he just said his company and that he was calling to get my attorneys number! I told him that I had already spoken to someone frm their company and that we had made arrangements. He got very rude and raised his voice and told me the person no longer worked there and there was nothing on record indicating arrangements were made. Then he asked if my husband was at work and I said no and told him I was hanging up. He called me back immediately and asked for my husbands and said he was calling his work. He did call my husband at work but I called first and he managed to avoid getting the call. Isnt this illegal? Pretending to be an operator? Calling my husbands work when I specifically told him he was not allowed to recieve such calls?

What can I do? This car was repossessed because it kept having problems 2 major ones in less than a year!

Thanks

Jenn

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First off, DV the CA immediately...CMRRR. Make them do all future contact in writing. The calling they are doing IS illegal...but the problem is proving it. (Actually, the operator thing is fairly common...they've got a trainee making the calls, and if they find someone home, they get the nasty guys on the line). They'll keep trying to intimidate you if you talk with them on the phone.

Also, does your state have a "Lemon Law"...you might have some recourse against the manufacturer for the car..

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I got a call back in late october from a collection agency that was trying to collect a debt for a car that was voluntarily reposessed.

Try to get that out of you consumer vocab. There is NO difference between a so-called voluntary repo (surrender) in most states. Creditors use this as a tactic to allow them to not have to send the legally required notices.

Also, that call in Oct was likely the INITIAL COMMUNICATION addressed in 15 USC 1692g (FDCPA 809), and started the 30-day effective validation period.

The woman was very nice and offered to call me back in January and told me that I could settle for as little as 500 dollars. Well, last week, I got a call from the same agency and they pretended to be an operator saying they had a third party call and that they would connect me. The man who got on the phone didnt give his name he just said his company and that he was calling to get my attorneys number!

Did you feel that meant there was a legal case in the works? If you say yes, and they DONT sue, or NEVER sue, OR never intented to sue, it violates the FDCPA.

Then he asked if my husband was at work and I said no and told him I was hanging up. He called me back immediately and asked for my husbands and said he was calling his work. He did call my husband at work but I called first and he managed to avoid getting the call. Isnt this illegal?

A debt collector CAN call a consumer's place of employment UNTIL they are notifed not to, OR they "should know" it is not wanted. They "should know" is the hard part. Tell 'em straight out ;)

Calling my husbands work when I specifically told him he was not allowed to recieve such calls?

An arguement can be made by the debt collector that it was not YOUR work he called, so you dont have a say. Weak arguement it is.

What can I do? This car was repossessed because it kept having problems 2 major ones in less than a year!

Lemon law attorneys are all over. Not sure this qualifies or not.

But you may want to focus on the repo itself. Most creditors mess up the repo when they fail to credit "unearned interest." When you get a loan, you are told the interest for the LIFE of the loan. So if it's a 5 year loan you pay X amount over the 5 years.

But what happens if the car is repo's for example (called accelerating the loan)? It is no longer a full 5-years of interest the consumer is responsible for. Whatever the UNearned interes is, has to be credited back to the consumer.

If they do not, the WHOLE repo can be declared unlawful. Which would make the outstanding balance after sale (deficiency balance) NOT OWED. And if it's being reported on a consume report, it has to come off.

Got $7500.00 in court for that very case :)

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Ohhhh ppdotcom! Good point! Even though I would know what you said to be true, I would not have thought about the unearned interest failing to be credited! That is something all of us need to look at when dealing with repos....

Wouldn't that also then create a violation of sorts by misrepresenting the amount of the debt?

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Ohhhh ppdotcom! Good point! Even though I would know what you said to be true, I would not have thought about the unearned interest failing to be credited! That is something all of us need to look at when dealing with repos....

Wouldn't that also then create a violation of sorts by misrepresenting the amount of the debt?

yup...the legal status, amount, etc etc. Basically once the COURT rules there is no debt to begin with, they cannot report ANYTHING about it....in theory :)

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I beat a REPO the same way. I didn't go to court, we settled. I got $250 plus deletion, in exchange for them leaving me alone. The attorney for the bank was really mad. He even called me a deadbeat at the settlement signing and accused me of making a living on dodging my responsibilities. I just laughed and asked him if he was familiar with the state law on slander. He stormed out of the room.

If anyone wants to see the documents I used, I will post them here.

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