simplysilky Posted April 27, 2007 Report Share Posted April 27, 2007 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 More sharing options...
CarolinaBlueEyes Posted April 27, 2007 Report Share Posted April 27, 2007 they are not suppossed to but you may be in their auto dialer.. I usually give them 30 days from date of reciept to stop calling/mailing Link to comment Share on other sites More sharing options...
simplysilky Posted April 28, 2007 Author Report Share Posted April 28, 2007 So, when they call me again, and it may be to validate the claim via the letter I sent them....what if they can't validate? Should I hang up the phone or what should I say? Link to comment Share on other sites More sharing options...
qtptute Posted April 28, 2007 Report Share Posted April 28, 2007 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 More sharing options...
simplysilky Posted April 28, 2007 Author Report Share Posted April 28, 2007 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 More sharing options...
willingtocope Posted April 29, 2007 Report Share Posted April 29, 2007 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 More sharing options...
divemedic Posted April 29, 2007 Report Share Posted April 29, 2007 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 More sharing options...
qtptute Posted April 29, 2007 Report Share Posted April 29, 2007 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 More sharing options...
dpgirl Posted April 29, 2007 Report Share Posted April 29, 2007 Was this DV sent within 30 days of the initial contact? Was it timely? Link to comment Share on other sites More sharing options...
simplysilky Posted April 29, 2007 Author Report Share Posted April 29, 2007 Was this DV sent within 30 days of the initial contact? Was it timely?Yes it was within 30 days. Link to comment Share on other sites More sharing options...
divemedic Posted April 29, 2007 Report Share Posted April 29, 2007 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 More sharing options...
simplysilky Posted May 1, 2007 Author Report Share Posted May 1, 2007 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 More sharing options...
willingtocope Posted May 1, 2007 Report Share Posted May 1, 2007 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 More sharing options...
simplysilky Posted May 1, 2007 Author Report Share Posted May 1, 2007 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 More sharing options...
simplysilky Posted May 1, 2007 Author Report Share Posted May 1, 2007 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 More sharing options...
redbank Posted May 1, 2007 Report Share Posted May 1, 2007 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 More sharing options...
simplysilky Posted May 1, 2007 Author Report Share Posted May 1, 2007 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 More sharing options...
merkurfan Posted May 1, 2007 Report Share Posted May 1, 2007 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 More sharing options...
thomassl Posted May 1, 2007 Report Share Posted May 1, 2007 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! 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. 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 More sharing options...
cavazos007 Posted May 1, 2007 Report Share Posted May 1, 2007 Next time just let them know...not to call you at your job again. It worked for me... Link to comment Share on other sites More sharing options...
simplysilky Posted May 1, 2007 Author Report Share Posted May 1, 2007 Oh my--they are relentless!! They called my house 3 times....only a few hours after the last ridiculous call at work... Link to comment Share on other sites More sharing options...
caddycts Posted May 1, 2007 Report Share Posted May 1, 2007 I'm still kind of new at this but isn't it a violation if they keep calling after you dv'd? Link to comment Share on other sites More sharing options...
MadinKS Posted May 1, 2007 Report Share Posted May 1, 2007 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 More sharing options...
hiblues Posted May 1, 2007 Report Share Posted May 1, 2007 send them another letterthis time with a Limited C&D... That they may only communicate with youby mail.Also, include,.... This is notice that all calls made to me may be recorded.Make sure it's CMRRRThen go out and buy the thingy from Radio Shack. Link to comment Share on other sites More sharing options...
dpgirl Posted May 2, 2007 Report Share Posted May 2, 2007 If the DV was timely you don't need a limited C&d or anything else as they are not allowed to call you ...if the DV was timely.You need to let them know in writing not to contact you at work. Link to comment Share on other sites More sharing options...
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