I think I have Creditors Interchange on tape Violation??

[redskinfan]

O.k. guys here goes....the first message from them was 11/24/07 from a Michelle Schaffer (could not make out the name) but harsh and demanding sounding....to date no letters have been recieved from them so I went ahead and mailed a DV today CMRRR.....

Today I get a message from a Rick Carpenter which I am about to tape if I can figure out how to use my husbands tape recorder that was VERY threatening here are some of what he said:

1. he has left several and numerous messages

2. my dh was directly and blatantly refusing to return his calls

3. urgent claim filed with his office

4. that will go to xxxx (court we are in) for further proceeding

5. today is the last and final oppty to do so

and then his call back number

Wouldn't this appear to be a violation? and should I now contact my attorney?

[jennieb]

These bozos & all of the LVNV spawn typically violate & this is one of those lovely occasions. Don't panic! Keep the tape, take a photo of the caller ID which will show the date & time. They cannot threatenl you that they are going to file suit unless they are actually going to do it.

Send them a DV with including a paragraph that all correspondence & communication with you is to be done through the US Postal Service. I can guarantee you that they will still call after they receive your DV - more violations that they'll owe you for!

[redskinfan]

Thanks I forgot about the caller ID but the number that shows for them is

500-000-0000.

[montanatim]

I would wait, you indicate that they left messages, which is not an initial contact. Since they did not actually connect with you. After the initial contact they have 5 days to get you a letter with the mini Miranda on it. Since you did send DV this point may be moot.

Jennieb is right, it's too early in the game for their legal threat to be a violation. 3 or 4 months from now, maybe, if they still haven't filed.

[redskinfan]

But I thought they could not threaten legal action without initial contact ie dunning letter to let you know what they are contacting you about as well as the mini miranda....also the mention of calling numerous times and us not returning their calls was a lie.

[kmmp]

I hope you really did get them on tape; they scammed me out of 30,000 which I now cannot pay back. They threatened me and I went to a lawyer who contacted their law office and they said they do not operate that way...yeah, right. Go fo it, I am getting a lawyer to sue them for blackmail since they made me dump the credit they were trying to collect on old credit cards I had not used in 15 years but were still open. They stayed on the line while I okayed the transfers...bunch of butt heads and scammers, I don't know how they live with themselves.

[redskinfan]

Got another message this morning and have that on tape:

This time it was a female could not understand her name saying she was calling dh to address his tax id and to pursue a government and corporate claim for abandonment and to call their office ext blah iwhich s the arbitration department.

Still no dunning letter and we have no clue what they are talkikng about.

[debtorshusband]

My personal philosophy is:

-I don't have to answer the phone when they call

-I don't have to call them back when they leave a message

-I will only respond, in writing, to a written communication from them

Until then, I would keep a log of their calls, keep a recording of all their messages, especially if they violate the law.

All the things they are saying? Standard scare tactics. You've only heard the beginning of them. It would be interesting (and amusing) for someone to compile a list of them on the internet somewhere.

When they eventually send you a letter, send a written dispute and demand validation of the debt. Add that their representatives are responsible for leaving messages on your answering machine which violate the FDCPA in that they are intimidating, misleading, and make false statements, and demand that all future contact be in writing.

[payme]

you all try beating the system if you put your efforts into paying your bills instead of focusing your efforts how to get out of them..our society would'nt be as screwed up as it is..you say we scam you ..you all scam the bank if you owe the money pay it and we wouldnt have to use these tactics its amazing how quick you pay your bill when the **** is scarred out of you..why does it have to get to that point?

[Amerikaner83]

Payme - no more personal attacks. You have been warned. Thank you

[Methuss]

I don't want to throw gasoline on PayMe's comment, but it needs to be said: There are laws on the books to protect consumers from abusive debt collecting practices. The reason why those laws exist is that debt collectors and creditors have shown a penchant for taking matters too far.

The fact is, validation of debts exists for a reason. Creditors make mistakes frequently and sometimes on purpose. How would you like it if someone started sending you magazines without your asking for them and then started billing you for it? Or, even sending you a bill for something you never even got? The laws are there because many businesses abuse their position...and in many cases scare people into paying by threats of legal action or damaging their reputation.

Statistically most consumers are honest and go to great lengths to pay their bills, sometimes dragging on a painful situation for years that they could have eliminated by legal means. So don't play that with us...We have been helping people solve their debt problems for a long time and we don't promote fraud or debt skipping here. Asking a creditor or debt collector to prove up their claim isn't trying to skip out on a debt. It's just making sure the amount is correct and that the person with their hand held out to be paid is the right person to pay. So we are clear on one issue, if they can't prove up their claim, you don't have to pay it.

[jennieb]

Methuss,

That was a wonderful, dignified post that articulates exactly how most of us on this board feel.

Thank you!

[redskinfan]

Thanks Methus!

Plus if we do pay we want assurance that someone else doesn't start calling demanding the same payment.

I have no problem paying what can be proven I owe. I once paid a magazine subscription because I got a bill in the mail and I was getting that magazine monthly so I did not question the bill - guess what I later found out I did not owe them and so I ended up paying the subscription TWICE!!!!