Jump to content

? regarding DV letter and phone calls


nowayout
 Share

Recommended Posts

When W&A sent dh and I sent a notice that they were sending our acct. to arbitration, we sent a refusal letter, along with a DV letter. The DV letter wasn't within the 30 day time period of initial contact. Included, of course, in that letter was the request for them to not call us and just contact by mail. This weekend, we've received calls from them. Are they in violation? What can we do to make sure we have a record of their calls? Can I take a picture of the caller ID?

Link to comment
Share on other sites

Who is W&A? If they are the OC they do not have to abide by the FDCPA, although many still will. If they are a debt collecter or debt collecting law firm then they need to abide by the FDCPA, which requires them to stop calling if you request it. They would be able to call once after recieving the C&D to let you know what further action the intend to take. Hopefully you sent this CMRRR.

Link to comment
Share on other sites

When W&A sent dh and I sent a notice that they were sending our acct. to arbitration, we sent a refusal letter, along with a DV letter. The DV letter wasn't within the 30 day time period of initial contact. Included, of course, in that letter was the request for them to not call us and just contact by mail. This weekend, we've received calls from them. Are they in violation? Yes. Once you communicate to a CA not to call you, they must abide by that demand. What can we do to make sure we have a record of their calls? Can I take a picture of the caller ID?
That may work. Actually, hope they call again and tape record the conversation. You may want to ask them, "why are you calling me, since I sent you a letter dated xx/xx demanding you not to?"
Link to comment
Share on other sites

Sometimes arbitration is better.

Read your cardholder agreement to see which state laws apply. It will say "This Agreement is governed by the laws of the state of ....."

If it is Delaware, the SOL is 3 years.

Any dispute over the fact of arbitration or the legality of arbitration would be determined by the laws of the State of Delaware, and that includes SOL.

Link to comment
Share on other sites

Sometimes arbitration is better.

Read your cardholder agreement to see which state laws apply. It will say "This Agreement is governed by the laws of the state of ....."

If it is Delaware, the SOL is 3 years.

Any dispute over the fact of arbitration or the legality of arbitration would be determined by the laws of the State of Delaware, and that includes SOL.

So, the SOL from last activity, just like normal? Thanks!

Link to comment
Share on other sites

When W&A sent dh and I sent a notice that they were sending our acct. to arbitration, we sent a refusal letter, along with a DV letter. The DV letter wasn't within the 30 day time period of initial contact. Included, of course, in that letter was the request for them to not call us and just contact by mail. This weekend, we've received calls from them. Are they in violation? Yes. Once you communicate to a CA not to call you, they must abide by that demand. What can we do to make sure we have a record of their calls? Can I take a picture of the caller ID?
That may work. Actually, hope they call again and tape record the conversation. You may want to ask them, "why are you calling me, since I sent you a letter dated xx/xx demanding you not to?"

Wolpoff & Abramson are debt collection attorneys and they sue consumers all the time and win.

Unfortunately, there is no provision in the FDCPA which allows the consumer to request a blanket "no phone" calls. A consumer can request NO further communication, or notify that a certain TIME and PLACE is inconvenient. The courts have held time and time again that a debt collector only have to comply with a "FULL" cease communication request.

Link to comment
Share on other sites

When W&A sent dh and I sent a notice that they were sending our acct. to arbitration, we sent a refusal letter, along with a DV letter. The DV letter wasn't within the 30 day time period of initial contact. Included, of course, in that letter was the request for them to not call us and just contact by mail. This weekend, we've received calls from them. Are they in violation? Yes. Once you communicate to a CA not to call you, they must abide by that demand. What can we do to make sure we have a record of their calls? Can I take a picture of the caller ID?
That may work. Actually, hope they call again and tape record the conversation. You may want to ask them, "why are you calling me, since I sent you a letter dated xx/xx demanding you not to?"quote]

Wolpoff & Abramson are debt collection attorneys and they sue consumers all the time and win.

Unfortunately, there is no provision in the FDCPA which allows the consumer to request a blanket "no phone" calls. A consumer can request NO further communication, or notify that a certain TIME and PLACE is inconvenient. The courts have held time and time again that a debt collector only have to comply with a "FULL" cease communication request.

Oh, believe me, I know who Wolpoff &Abramson are! This is our second go 'round with them. I'm just trying to be smarter about dealing with them this time.

Link to comment
Share on other sites

Wolpoff & Abramson are debt collection attorneys and they sue consumers all the time and win.

Unfortunately, there is no provision in the FDCPA which allows the consumer to request a blanket "no phone" calls. A consumer can request NO further communication, or notify that a certain TIME and PLACE is inconvenient. The courts have held time and time again that a debt collector only have to comply with a "FULL" cease communication request.

No, but if they call to hound you about paying, they are continuing to collect, and that is forbidden after a DV or cease and desist. They are allowed to communicate that they are stopping collection or pulling the listing off of your credit report. (Like they would). ;)

Link to comment
Share on other sites

When W&A sent dh and I sent a notice that they were sending our acct. to arbitration, we sent a refusal letter, along with a DV letter. The DV letter wasn't within the 30 day time period of initial contact. Included, of course, in that letter was the request for them to not call us and just contact by mail. This weekend, we've received calls from them. Are they in violation? Yes. Once you communicate to a CA not to call you, they must abide by that demand. What can we do to make sure we have a record of their calls? Can I take a picture of the caller ID?
That may work. Actually, hope they call again and tape record the conversation. You may want to ask them, "why are you calling me, since I sent you a letter dated xx/xx demanding you not to?"

Wolpoff & Abramson are debt collection attorneys and they sue consumers all the time and win.

Unfortunately, there is no provision in the FDCPA which allows the consumer to request a blanket "no phone" calls. A consumer can request NO further communication, or notify that a certain TIME and PLACE is inconvenient. The courts have held time and time again that a debt collector only have to comply with a "FULL" cease communication request.

I fully understand this.

However, this is purely semantics and not real world.

If I tell a CA they may not call...but...may write, the CA and I now have an "understanding". They're protected against me from coming after them if they only communicate by letter. Now if they call me...'that's a no-no. If the CA wants to cease ALL communication, fine.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...