Jump to content

Is this considered a violation?


Blu
 Share

Recommended Posts

At the moment I'm in the process of DVing West Asset Management (sending the DV this Saturday). Meanwhile, WAM have been calling every hour from 8:00 am till 8:00 pm for the last couple of days - they let it ring twice and hang up. Is the excessive calling/hanging up, considered harassment, therefore a violation? I've been keeping logs of the calls and have even taken a picture of the phone log showing how many calls have been made from that number in the last 2 days.

Thank you for any and all opinions!

Link to comment
Share on other sites

Thanks willingtocope. :) I did call the phone company a few years back about harassment calls (had a stalker) and the only thing they can do for me is change my phone number for free and that I should file a police report. I've been reading that WAM is one of the worst out there, so I'm hoping to get them on violations after I get my green card back ... apparently they don't follow the rules. I guess I'm just going to have to put up with the excessive calling then.

Link to comment
Share on other sites

Most phone companies also have a "call blocker" service (I forget exactly what its called), but for a couple bucks a month you can prevent calls coming through. When we were getting dunned, we had it put on the line and the calls pretty much stopped. If I remember right, it allows you to list the numbers that you'll accept calls from, but blocks all the rest.

Link to comment
Share on other sites

I forgot about that. I haven't put that on because, and call me paranoid, I always think that they know I've blocked their number and will begin to pursue more aggressively with a new number and/or I'll get a summons. My debt is still within SOL for another 2 1/2 years. This is the 5th CA that the debt has been passed on to and probably the worst of all the CA's I have dealt with so far. I informed them, when I spoke to them the once, that I was unemployed and have no assets ... they became more aggressive after that.

Link to comment
Share on other sites

Yeah, you do run the risk of forcing their hand. But, if you can't pay them, not much else to do...

When we got in that position, I decided it was better to let my DW stay calm. (She's one of those "OMG, the phone is ringing! I've got to answer it!!! types) If they would have sued, they wouldn't have gotten anything anyway.

Link to comment
Share on other sites

The excessive calling is beginning to get on my nerves. It wouldn't be so bad if I lived alone, but at the moment I live with my grandmother, and she's not too happy with all the calling. They just called again ... I really wanted to pick up the phone and tell them this is clearly harassment on their part. Don't think I should though ... I feel stuck.

Link to comment
Share on other sites

The excessive calling is beginning to get on my nerves. It wouldn't be so bad if I lived alone, but at the moment I live with my grandmother, and she's not too happy with all the calling. They just called again ... I really wanted to pick up the phone and tell them this is clearly harassment on their part. Don't think I should though ... I feel stuck.

If the phone is not in your name, ask your grandmother to write a letter stating so, instructing them to stop calling you. If you want to give them a number just to appease them so they won't start calling others, get a stand alone voicemail. That's when the phone company issues you a phone number that rings like any other number, but it goes to a voicemail after three rings. Then you can call from any other phone to check messages. They won't know whether it's a home phone or not, and will think you're just not home or not picking up. You can choose local area code, number of rings and all that. Then just delete the messages without listening to them if you don't want to be stressed. No phone calls, no ringing, no conversations. Eventually they'll stop.

Link to comment
Share on other sites

Thanks for the info gcmoore, good to know! I asked the phone company if they had that and they do, but for now I'm going to try 'call intercept' and if that doesn't work, I'll set up the stand alone voice mail. No, the phone isn't in my name.

Link to comment
Share on other sites

Thanks for the info gcmoore, good to know! I asked the phone company if they had that and they do, but for now I'm going to try 'call intercept' and if that doesn't work, I'll set up the stand alone voice mail.

I hope it works for you. If they call from the same number it should do the job. But sometimes they'll switch up numbers so just keep track of all their numbers and intercept away. When things were at their worse, I used the stand alone voice mail, put it on my credit report, and never checked it. I just let the messages delete after a certain number of days. Eventually they stopped calling.

Link to comment
Share on other sites

I hope so, too! They just called again ... I can't believe they're allowed to get away with this type of activity. Thing is, my grandmothers phone number isnn't even on my credit report, the OC must have passed it on. The only phone number that's on my CR is an old one from a previous residence. I've dealt with some real jerk CA's but have never been harassed like this before.

Link to comment
Share on other sites

make sure, in your DV, that you add a sentence or two to teh effect that you beleive they are harassing you with unending phone calls and you ask them not to call you anymore as it upsets other household members.

And, answer the phone just once, let them introduce themselves, ask them to identify their employer ( they won't), ask if they are calling about an alleged debt, then say they are harassing you on the phone and please stop it as you deny the debt and dispute owing anything and then tell them your call is being taped should they harass you further. After all, it is probably an autodialer and since you never pick up it keeps you in the queue.

Link to comment
Share on other sites

make sure, in your DV, that you add a sentence or two to teh effect that you beleive they are harassing you with unending phone calls and you ask them not to call you anymore as it upsets other household members.

And, answer the phone just once, let them introduce themselves, ask them to identify their employer ( they won't), ask if they are calling about an alleged debt, then say they are harassing you on the phone and please stop it as you deny the debt and dispute owing anything and then tell them your call is being taped should they harass you further. After all, it is probably an autodialer and since you never pick up it keeps you in the queue.

Hi. Actually, I did talk to them one time last week, didn't admit to anything. They've been calling non-stop since. I'm not sure if talking to them again will help? I'll amend the DV to include a line about their harassing phone calls. Thanks, R A. :)

Link to comment
Share on other sites

Hi. Actually, I did talk to them one time last week, didn't admit to anything. They've been calling non-stop since. I'm not sure if talking to them again will help? I'll amend the DV to include a line about their harassing phone calls. Thanks, R A. :)

Tell them you will record all future calls and that this is your notice thereof. If they complain, tell them that's the condition for calling you; if they don't like it, don't call. Future calls from them should be answered as "Hello, this call is being recorded for FDCPA violations."

The calls will rapidly stop... unless they are really stupid.

Link to comment
Share on other sites

Put that wording in a letter and send it to them certified. Incorporate it into your dispute letter if you have not already sent it. Frankly, that's even better since it states your intent to record in writing and they can't deny knowing it. If they have internal communication problems where their callers don't know the contents of the letter, that's not your problem... but it is theirs as each call is a violation thereafter and your recordings will prove it.

Link to comment
Share on other sites

I won't be sending the DV till tomorrow, so I'll include that as well.

I'm so glad I found this board, you guys have been a lot of help. Wish I had found it last year when this all started ... talk about stress! :)

I'm really hoping on getting WAM on some violations. I don't see their point in harassing someone who has no way to pay.

Link to comment
Share on other sites

Is this all right?

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on December 16, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed.

I would also like to request, in writing, that no telephone contact be made by your offices to my home as the excessive calling, is, considered harassment and is upsetting to other household members. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, the calls will be recorded for FDCPA violations. This is my notice thereof. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

Regards,

xxxxx

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.