Jump to content

After DV, CA calls me SCREAMING!


simplysilky
 Share

Recommended Posts

Ok, so I DV'd a CA, NFS, on a repo. I got the green card back today. When I get home and check my phone messages, there is a recording from NFS that says "Don't miss out on this settlement offer Opportunity!!--Call us and see what kind of deal we can give you!"....

Are they still able to contact me after they recvd that DV letter? My letter stated not to contact me unless they have proof of me owning this debt.

Link to comment
Share on other sites

If you did not put a C&D in your letter, then they can still contact you. The only thing that they must do is report on your credit report that the debt is disputed. They don't have to do anything else.

If you get tired of them calling, write them another letter (CMRRR) with C&D all telephonic communications. This then will get them mixed up, because you want them to validate, but you don't wish for them to call.

Link to comment
Share on other sites

If you did not put a C&D in your letter, then they can still contact you. The only thing that they must do is report on your credit report that the debt is disputed. They don't have to do anything else.

If you get tired of them calling, write them another letter (CMRRR) with C&D all telephonic communications. This then will get them mixed up, because you want them to validate, but you don't wish for them to call.

Hello!

Yes, I put that clause in the letter. Actually, I put C&D but also put in there that if they do call me, its to validate the debt....I see where their confusion would come in!

So I guess I won't pick up the phone....

Link to comment
Share on other sites

Per the FDCPA

© 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.

So, basically, they're allowed
one more phone conversation
after receipt of your C&D. I would guess that means in person, live, and not recorded on your answering machine.

Link to comment
Share on other sites

There is no provision in the FDCPA for a "limited C&D," that is, the C&D must be to cease ALL communication, not just telephone calls.

There are some here that advocate that telling the CA it is always inconvenient to call will activate 1692c(a)(1), but I do not believe that any court will uphold that.

The only telephone calls you can cease, absent a full C&D, is calls to your place of employment- by telling them your employer does not allow such calls. Of course, calls to third parties are always violations, except to obtain location information.

Link to comment
Share on other sites

There are some here that advocate that telling the CA it is always inconvenient to call will activate 1692c(a)(1), but I do not believe that any court will uphold that.

We've sued on that basis and WON! It was against W&A. Unfortunately, our client has to file BK during the case which did a little damage to our case, but not a tremendous amount. In the end, W&A ended up cutting our client a check.

Link to comment
Share on other sites

We've sued on that basis and WON! It was against W&A. Unfortunately, our client has to file BK during the case which did a little damage to our case, but not a tremendous amount. In the end, W&A ended up cutting our client a check.

Really? Can you give a cite to these cases? This would really be a great help, if this were the way judges were going in a given circuit. Did the judge rule in your favor on this one?

Link to comment
Share on other sites

OH MY GOODNESS!!!!

The CA just called me SCREAMING THEIR HEADS OFF and saying I BETTER PAY THIS OR I'LL BE IN BIG TROUBLE!! He also said HE HATES MY KIND OF DEBTORS!!! And then he slammed the phone down!! Initially, when they called, they were acting stupid saying they were not aware of any dv letter, they he says where did I send it? I told him the NY office and he says Man, I don't know why they didn't send it to him. He said it was no problem sending me the requested documents (to which that's all I was asking for) but that's when he started screaming at me. He said where can he fax them? I told him he has to mail it to me because I can't recv faxes at my job. He went off the deep end again! I'm getting nervous now......

Link to comment
Share on other sites

I'm getting nervous now......

That's exactly what he was trying to do. Its all part of their game. Don't let it bother you. If he calls again, and you take the call...start by saying, "okay, i've got my recorder going...what did you want to say?". (Doesn't matter if you're recording or not.)

Link to comment
Share on other sites

That's exactly what he was trying to do. Its all part of their game. Don't let it bother you. If he calls again, and you take the call...start by saying, "okay, i've got my recorder going...what did you want to say?". (Doesn't matter if you're recording or not.)

Thanks..

So is there anything I can do? Can I report them or something? Someone there signed my CRRRR on 4/23...and they still call...

Link to comment
Share on other sites

I posted this somewhere else, but don't think I'll get any responses since I already had 13 posts for my 1st question...

Anywayzzzzzzzzz...briefly: I sent DV to NFS (CA) for repo/they signed for it 4/23 and keeps calling me....but this convo took the cake:

The CA just called me SCREAMING THEIR HEADS OFF and saying I BETTER PAY THIS OR I'LL BE IN BIG TROUBLE!! He also said HE HATES MY KIND OF DEBTORS!!! And "So, you refuse to pay??" (No where in my letter did I say I was refusing to pay, I put "I am NOT refusing to pay, I just want proof...". And then he slammed the phone down!! Initially, when they called, they were acting stupid saying they were not aware of any dv letter, they he says where did I send it? I told him the NY office and he says Man, I don't know why they didn't send it to him. He said it was no problem sending me the requested documents (to which that's all I was asking for) but that's when he started screaming at me. He said where can he fax them? I told him he has to mail it to me because I can't recv faxes at my job. He went off the deep end again! I'm getting nervous now......

What should be my next move?

Link to comment
Share on other sites

lol, find out if you can record calls in your state and get a protable phone tap! SUE!!

That is just really horrible for you to have to receive calls like that.

Might need a letter requesting proof again with a statement to only communicate in writing, unless you are in a one party state and can record without them knowing it.

Link to comment
Share on other sites

lol, find out if you can record calls in your state and get a protable phone tap! SUE!!

That is just really horrible for you to have to receive calls like that.

Might need a letter requesting proof again with a statement to only communicate in writing, unless you are in a one party state and can record without them knowing it.

Thanks...

They called me at work, so I can't do that..

Link to comment
Share on other sites

sure you can. Radio shack sells them. Just a little mic that suction caps to the ear piece of the phone. connect that to any recording device you want. (I use my Ipod).. and roll tape. However, I would probably send them a letter to stop calling you at work. Unless the boss is a reaaally cooool dude.

Link to comment
Share on other sites

I hope you made it clear to them that your employer does not permit personal calls and for them to never call you at work again! ::BigGun::

I personally only communicate with CA's by mail. The way the CA reacted to you makes me believe they know they don't have proper validation. :D

Remember that the CA's do not have to respond to your DV. Did you dispute with the CRA's? Hopefully, you have! :)++

Link to comment
Share on other sites

Their just racking up violations left and right. I hope you are keeping a log of all this. Dates, times, person who called, etc. Definitely send another DV to show proof you aren't baiting them, just in case it does make it to court. Don't let them bully you. If they had the information I don't think they would be reacting that way. Sounds like scare tactics 101. Good luck.

I'm still kind of new at this but isn't it a violation if they keep calling after you dv'd?

Highly illegal. The abusive nature of the call, the deception, false statements. All violations.

Link to comment
Share on other sites

send them another letter

this time with a Limited C&D... That they may only communicate with you

by mail.

Also, include,.... This is notice that all calls made to me may be recorded.

Make sure it's CMRRR

Then go out and buy the thingy from Radio Shack.

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.