machie Posted November 22, 2006 Report Share Posted November 22, 2006 Hello to all and what a great site this is.I actually have quite a few dilemmas going on, but lets start with an easy one.There is a Collection Agency that at one point in time had called me on behalf of a creditor (but of course we argued and hung up) and up until I stumbled on to this wonderful site was not fully aware of all my rights.First - to my knowledge I have never received any type of documention from them in the mail regarding this debt.Second - On a recent credit report I just pulled I see they already reported this to the credit reporting agency's.Third - From what I just seen under the [state Laws Folder] ( I live in NY) they are not allowed to call more then 2 times a week ( well they call 7 days), plus not to mention the fact I have no other type of documantation from them.For you experienced guru's, how would you go about handling this?Thanks in advance Mike Link to comment Share on other sites More sharing options...
willingtocope Posted November 22, 2006 Report Share Posted November 22, 2006 Hey, welcome aboard...we'll all be glad to help if we can...Next...check NY's laws on recording phone conversations.Basic rule of thumb when dealing with CAs is if it wasn't recorded (or in writing) it didn't happen...So basically, you need to start from this point forward gathering evidence if you intend to smack them with something... Link to comment Share on other sites More sharing options...
machie Posted November 22, 2006 Author Report Share Posted November 22, 2006 Hey willingtocope, thanks for replying.Well, what they have going on is a computer calling everyday leaving a message for me to call them. Would'nt I be allowed to subpeona thier phone records to prove that they call every day ? Link to comment Share on other sites More sharing options...
willingtocope Posted November 22, 2006 Report Share Posted November 22, 2006 Might work, but I'd bet they have their phone system set up to NOT keep records. Check you laws (1-party, 2-party state?) and then get a recorder. The nice thing about CAs is that they don't give up trying to hang themselves. (Well, I take that back...with the holidays coming up and the end of the month close behind, they're probably reaching the point where if they don't produce they'll hand the account back to the OC...in which case another CA will be calling next month). Link to comment Share on other sites More sharing options...
kgb122055 Posted November 22, 2006 Report Share Posted November 22, 2006 I have an internet phone and in the call history it tells me every call in or out. Link to comment Share on other sites More sharing options...
willingtocope Posted November 22, 2006 Report Share Posted November 22, 2006 True, but the point is they're your records...not the CA's. And to use those, you'd have to prove they weren't doctored. Link to comment Share on other sites More sharing options...
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