firecapt13 Posted January 7, 2008 Report Share Posted January 7, 2008 I recieved a call from NCO and missed it, They did not leave a message. I did not recognize the number so I called it back. Dan answered the phone, I said I just recieved a call from this number. He said is this XXXXXX, I said yes it is. He said he was calling ref a debt with Capital One. He said he needed money or plan or he was going to send it back to capital one. I told him to send it back and I would deal with them. At no point did he give the statement that "this is an attempt to collect a debt and any information will be used for that purpose" This is required in NC on every communication with them if i am not mistaken. Is this a violation?How do you go about getting enforcement on a violation if it is one. I was on a cell phone and did not record it. Link to comment Share on other sites More sharing options...
firecapt13 Posted January 7, 2008 Author Report Share Posted January 7, 2008 Also had phone call from another CA, Encore Recievables. The person that called said XXXXXXX did you ever call Dell about your account, I said yes i have, He said no you did not and hung up on me. I then called back and asked for a manager. Manager got on phone and said this did not violate any laws and proceeded to argue with me asking if I was a lawyer. Again they did not state the phone call was being recorded and the attempt to collect a debt statement.Do I have anything with either of these situations without having it recorded.Please help if you can Link to comment Share on other sites More sharing options...
StressPot Posted January 7, 2008 Report Share Posted January 7, 2008 How do you go about getting enforcement on a violation if it is one. I was on a cell phone and did not record it.If there is a violation, it is of Civil Law. It is up to the consumer to pursue a Cause of Action, as there is no "CA Police". In other words, you would sue them.You also indicate it was verbal and was not recorded. If this is not a documented violation, you have no way of proving it. In the future either keep the communication written, or record your phone calls.Make sure you know your state laws in regards to recording. A 1-party state you can record without notcie, a 2-party state you have to declare and make it known you are recording. You may consider it consent if they continue talking with you.StressPot Link to comment Share on other sites More sharing options...
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