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What to say to a CA before they get the DV?


tigerlily
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I do think just by saying "Stop calling" is sufficient.

maybe you will want to word it as. "I would like you to cease and Desist calling me as of this point and to only communicate via mail only" maybe get the name of the person you talked to that way you can referance it later if you need to, not that it isnt your word against thiers

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Do that, yes. And by all means tell them you dispute the account. You don't have to go into why, just say, I dispute owing your client anything and I have sent you aletter to that effect. Then say, please stop calling me

They will likely come back and say they will " record you as refusing to pay " or "being unccoperative." At that point you correct them and say you are disputing as is your right under the law and to say otherwise is a violation. Ask the person for his or her name and remind them that they can be individually liable under the FDCPA and you hope the call is being recorded for your benefit.

This will usually shut them up.

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Use the language in the FDCPA statutes. "it is inconvenient for you to contact me by telephone."

That's all.

Say the same in the DV.

Record everything if they call you. Also play dumb about you rights, lead them down the golden path to violations.... Can you garnish my paycheck? Are you going to sue me? DO I have to pay NOW? etc etc.

Extend all the rope they will except with which to hang them. Get back to us when they reply to the DV.

________

600

Edited by uwackme
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Do that, yes. And by all means tell them you dispute the account. You don't have to go into why, just say, I dispute owing your client anything and I have sent you aletter to that effect. Then say, please stop calling me

They will likely come back and say they will " record you as refusing to pay " or "being unccoperative." At that point you correct them and say you are disputing as is your right under the law and to say otherwise is a violation. Ask the person for his or her name and remind them that they can be individually liable under the FDCPA and you hope the call is being recorded for your benefit.

This will usually shut them up.

Indeed! The first day I talked to the CA, I told him I would need validation of the debt and he said, "That's just a stall tactic." I told him that I had a right to request validation of the debt and he replied, "well, I'm going to note on here that you are refusing to pay" I told him, "I'm not refusing to pay, I am requesting validation in writing."

I first talked to the CA on Monday and he has called everyday since. So far, I have just said, "I have sent you correspondence on this matter, goodbye!" Except for today, all I did was ask him to verify the spelling of his name (since it's the same guy calling each day). He gave me the correct spelling of his name, I thanked him and then hung up.

Tomorrow, when he calls, I am thinking about asking him how he got my father-in-law's phone number or how he knew about an open line of credit that was in my husband's name (I suspect he had my husband's credit report as well as my own; but we are not in a community property state) since I'm documenting some possible FDCPA violations on this CA. But, unfortunately, I don't have a recorder on my phone, so I couldn't catch him saying anything incriminating...then again, the CA is probably recording the phone call, so maybe I should give him some more rope to hang himself with afterall?

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