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Phone Message from CA.


luv2bhappy
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I haven't been at this very long, but I'm really begining to hate collection agencies.

I had spoken to this particular agency (before I knew the rules of course). They wouldn't work w/ me, so I've been letting them do their thing. I never sent a validation letter, either. By the time I found out about the letter it was past 30 days.

They have my address, my phone number. They were repeatedly calling my parent's house when I wouldn't answer my phone. Mom gave them my number again (he acknowledged calling & speaking to her before), and at that time she told him not to call back as he'd be in violation of the FDCPA.

He calls today, my cell phone the only number they have, and leaves this message.

"Uh...Debtor this is Butthole from XYZ Law Office, I guess we're playing phone tag (haven't called this particular guy but once, only to leave a nasty message about calling my parents house), and I don't even know if this is the right number it sounds like a cell phone. I guess I'll have to try to call your parent's house again."

Ok, I haven't sent any kind of limited C&D, but is this still a violation? He's obviously trying to harrass & intimidate me.

I will send a limited C&D, should I mention this incident? Should I send a validation request, also?

Thanks!

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This is not the time to start worrying about violations; are there some, probably, but it's meaningless unless you can prove it and you are willing to sue to enforce them...it may well come to that but not at this stage of the process.

You need to start enforcing your rights and building a paper trail of everyting that happens. That startes with going through the DV process; the fact that it's past the 30 days doesn't mean you shouldn't go through the process - you can include a "limited C&D" in the DV letter but it is my opinion that such restrictions can be legally ignored by the CA. However, you can clearly request that they not call your cell phone.

Understand, however, that the best way to enforce a demand that they not call you is to not take their call!

They have no right to contact a third party except to locate you; obviously they already know where you are but when you ignor a CA entirely, as it appears you were, then they can make the argument that they need to "locate" you again. The best way to stop that is to be proactive and not ignor them.

You need to craft a DV letter that's appropriate to your situation (which means I'd spend a little time educating yourself through the resources on this site) but the bottom line is, the DV process is your starting point.

Hope that helps some!

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...lol @ ..."this is butthole from xyz law office.." LOL...tooooo true!

Well, I 2nd what Robert said. Definitely get on the ball w/ the DV process. Send it CMRRR (certified mail, return receipt requested) and go from there.

Quick question..what is this debt? When did it occur?

And yes, read as much as you can here at the site.

Elyse

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Thank you for your input & I will send a letter. I'm trying to figure out what kind of people I'm dealing w/ & initially I gave them the benefit of the doubt because they didn't yell & scream, but from what I've learned they haven't haven't been exactly ethical.

I don't answer the phone because I don't know what to say. I tried to come to an agreement the first time I talked w/ them. I was so confused by his statements that I wondered if he had the right person.

I have 2 outstanding CC debts w/ collectors that were only CO this year, and I had full intentions of paying. Combined they are appx 7k & I felt I could do it. Typical Sally Sob Story of why I fell behind but it happens. There doesn't seem to be any deal if you don't have a large lump sum to offer.

I've been reading & reading & reading, but I'm just not getting it, I guess. The more I read the more I don't know what to do. Everybody's situation is different & requires a unique approach. Talk, don't talk, pay, don't pay, just not sure........that's why my questions more than likely seem redundant.

Thanks!

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Robert is VERY wrong about calling your parents for "location" information. Keep that message on tape. That is a threat to carry out illegal actions. he knows where you are and how to leave a message on your telephone.

Send the validation request, but understand that they are not required to cease collection activity. So, instead of sending the "standard" form letter, be creative. "Gee, I would really like to pay this, but there are so many scammers out there, how can I be sure you are legit?" keep all references to the law out of it. Play dumb. You already have at least one violation, try to give the enough rope for more.

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