CA called at 10:10 PM Please help with strategy!

[ktg]

Hi! Please help with strategy!

I've got a call from CA at 10:10 PM (3/01/05). It was a computer generated call. I picked up the phone, listened to the message and hung up (sure enough, I didn't tape it..). Can I still use it against them?

The amount they are trying to collect is $744. I am in NY state (if it makes a difference).

Thank you in advance for your help!!!!

ktg

[divemedic]

Caller ID? Any proof?

[ktg]

Caller ID - yes, but you know how these CA call: OUT OF AREA - number not available....

[credit_on_mars]

I have caller ID and privacy guard, but once a nitwit from some "law firm" called me late one night on a private line so I patched in some BB King and went to speep. He was gone the next morning

[Wilson56]

Good question. A CA called me before 8am one morning and i was wondering the same thing. I'm sure you could go to the phone company and have a print out of all the calls made to your house for that month, probably a small fee for that but it might be worth it.

[divemedic]

You can't do that without a court order. Privacy laws. CA's can do it because they have 800#'s. I used to have a private 800#, you get a bill with a list of every # who called you.

[Leadhead]

Since the FDCPA is a strict liability statute, meaning it only takes one incident of noncompliance to violate it, you have the CA on the hook.

What you can do is contact them and tell them this and offer to settle without filing a suit. If they reject this, file against them. You can subpoena the phone records, as well as obtain any record the CA has through discovery.

One caveat: The CA can try and claim bana fide error so you may want to wait and see if they do it again.

[credit_on_mars]

Good question. A CA called me before 8am one morning and i was wondering the same thing. I'm sure you could go to the phone company and have a print out of all the calls made to your house for that month, probably a small fee for that but it might be worth it.

I have Sprint Privacy that is in a package deal for local service. The cost for all the additional services is worth every penny to include the caller ID and privacy. The privacy stopped all 8## numbers and cell phone calls -- plays a recording and give us a choice: 1) answer it, 2) hang up on them, 3) play some awful recorded message about not accepting solicitors, etc. You can supply a secret code for friends to by pass it. It's fun

[ktg]

The thing is I don't really want to block 8## / out of area numbers. I have no problem talking to CA - go ahead, call, violate and be caught! (I've already gone through the stages from being scared to death to pick up the phone to almost enjoying my conversations with CA).

I will check with my telephone company if there is any way to obtain the list of my incoming calls .. Will see, you never know..

Just called telephone company - they don't have any record on incoming calls, so no help here..

[credit_on_mars]

Well, I would rather not talk with those people. As a victim of IF theft and having to struggle through system, just hearing a CA’s voice sets me off. It takes too much time and effort to do the court scene talk to lawyers and so on for me. I am retired and plan to stay that way, and do not want to work at it.

It was fun for awhile keeping some dumb slug on the phone or cussing them out like they did me, but that got old. I have better things to do. My slate is clean and none of the can sue me and expect to gain a thing except to pay their lawyers or lackeys to work for nothing – as the judge slams the gavel ”case dismissed w/p”