credit-nightmare

Collector calling work and cellphone...

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Dh has one more baddie on his credit report.

Three days ago I get a call from someone who ask for dh , I said he is not here can I take a message . They then went into the whole.... We are the collection agency and the minin miranda..this is an attemt to collect a debt etc. This needs to be handled right now etc. I said I will take a message thanks.

I didn't have an idea who they were or I wouldn't have answered the phone , I havent delt with a collection agancy in a long , long time.

Well then they called dh at work on this business cell phone ( its thru the company , not his personal cell phone ) and he had not even talked to me so he had no idea who they were . He just told them look I am at work and I have no idea who you are , so I will contact my CC company and find out what is going on before I talk to you or anyone else. They guyt was really nasty and kept saying hang up on me then , hang up on me then. Finally dh said. I am working and Cannot and will not talk to you while I am at work , thank you , have a nice day , goodbye...and hung up.

Can he tell them when they call back ( which I know they will ) not to call him at work or on his cell phone ( which is a compnay phone ) or does he have to do that in writing? and when they call here can I trell them not to call or do I have to put it in a C&D letter along with a request for validation?

thanks all....

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While a collector should accept a verbal request, I've never found or even heard of one who did.

THe best way to hopefully stop calls at work is to make the request in writing (CMRRR) that they must not make contact at work (at any number, cell phone or orhtewise) based on the employer's policy/that it puts his/her job in jeopardy. The law is clear that they must then cease calling or they are in viloation of the FDCPA.

There is a difference of opinion here about being able to legally stop ALL calls, even to a residence based on it being inconvenient...you may certainly make the request and they may cooperate but I wouldn't count on it nor do I believe, you can stopp all such contact. Again, any request must be in writing and sent CMRRR.

What you can ALWAYS do, however, is simply not take their calls...and if you do happen to answer not realizing who it is at firs, simply say you will not discuss this over the phone (per your letter) and that all communication must be in writing if they wish to settle the matter; then hang up....do it EVERY time...unless you like to play with a collector's head and you know you can handle their tactics, it's simply better not to talk with them by phone.

The bottom line...STAY IN CONTROL...if you owe the debt, pay it but don't let a collector control the process or you WILL LOOSE,

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Thanks

The bill was just turned over to OSI from the creditcard company this month. They ( OSI ) are not on the credit report yet. Since it is a very recent bill / account I have no problem paying it while the balance is still low .. I just want to do it in the best way possible , and not let their agency go on the credit report as well as the original OC. I also don't want to ( and wont ) deal with harassing phone calls from them !

I will send a C&D letter to them so they will not call dh's workplace or workphone. I just thought he could do it verbally. I will also include that all corospondence needs to be thru the mail and not phone.

I tried calling the CC company but I keep getting diverted to OSI so I guess we will have to deal with them and not the OC. BUt I think I may try to send the balance and the last billing statement off to the OC and see if they cash it and take the payment.

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Yes , yes they do lie !!

One more question to go along with my other one....

Since this account was just turned over to OSI this month , should I DV them ? We called the CC company to pay the bill off , but were redirected to OSI , so we can pay it...Im just not sure what the best next step is ?! help.... :D oh , also the OC has just listed it as a charge off on the cr this past month . Does that make a difference in how we proceed with OSI ?

Thanks

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Your best course of action is to go through the debt validation process (it is during that process that you can make your requests to stop the calles at work, etc) as well as seek the information you need.

There is a number of things you need to know including whether this CA can legally operate in your state and whether they truly have been given the legal authority by the CC company to collect this debt for them.

If the CC company refuses to deal with you and keeps directing you to the CA then eventually, that's who you will likely have to deal with but you must be careful to assume NOTHING when dealing with a CA.

When the OC wrote off the account doesn't really make any difference at this point and/or in how you deal with the CA although you do need to ensure that any data reported to the credit bureaus is, at least, correct including things like date of last activity, etc.

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Three days ago I get a call from someone who ask for dh , I said he is not here can I take a message . They then went into the whole.... We are the collection agency and the minin miranda..this is an attemt to collect a debt etc.

This in itself is a violation of the FDCPA under the 3rd party disclosure prohibition...

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

Even though you are not the debtor (your husband is), you may take civil action against the debt collector for their violations. The FDCPA is a strict liability statute that applies to any person the collector comes in contact with, not just the debtor.

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Thanks again ...

Methuss , they just asked if I was his wife I said yes ( didn't know it was a CA , thought it was another annoying sales / refinance call ) and then she went into the whole debt with me. I thought that was illegal , but since I am his wife I wasn't sure. She told me everything about the debt ( which I of course all ready knew ) then asked me how I wanted to take care of it ! My name is not even on the account. The CC company wouldn't even talk to me if I callled with questions , but the CA will just spout it all off and ask me to pay it !

I will dv them , although I guess they probably do have the info from cap1 since its so recent , atleast mabey it will stop the calls.

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Your husband has to DV them. The only way you may legally deal with it is if he signs a limited power of attorney allowing you to.

As for speaking with you, yes, that is illegal. Here is what the FDCPA has to say on it:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Nowhere in here does it say that they can communicate with family members except in section 804 where they may only confirm how to contact the debtor (without mentioning they are collecting a debt).

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§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

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It looks to me as though paragraph D clearly includes a spouse as "consumer". So, there is no FDCPA violation here, correct?

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The FDCPA and case law states that consumer demands to cease calls to work need not be in writing. However, writing is the only concrete means of proving such notice was given. Notices to cease calling your home must be in writing as that is specified in the statute.

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FYI...OSI has a written policy that if a debtor requests no calls at work verbally, they must restrict the calls to the work number. All other requests must be in writting.

I think we probably can all agree that a CA "should" respect a verbal request about not calling a debtor's employment...but no matter what the law says, I doubt that even one in ten-thousand CAs WILL honor such a request.

If it isn't in writing...it doesn't exist.

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