Question about calls after cease and desist letter

[StuckInTheMiddle]

I sent a 'cease and desist' letter specific to phone calls, (telling the CA to contact me in writing only).

Maybe 6 weeks later I then had to call the CA to get a current balance due. (as part of my negotiation with the OC). They asked me for my phone number etc I gave it and got the current balance.

A week later CA called ME about a week later to resume phone collection efforts... is that a violation of the original letter?

[swirlgirl]

I'm no expert, but it sounds like you may have opended the door by making phone contact. Also, why couldn't the OC give you the balance due? Do they still own the debt?

[StressPot]

This is a very gray issue. Some people believe a "Limited C&D" works. Unfortunately they do not. If you C&D, it has to be all or nothing. You can of course request they not call, but unless it's a full C&D they do not have to comply.

Why? Because that is how the law is written.

The best you can do is keep everything in writing and screen your calls. Chances are they will violate in messages left and you can start collecting violations.

StressPot

[Robert Nashville/Savannah]

"Limited Cease and Desist" does not exist in the law; at least not on the Federal level - some day, some states may create such a right but none have done so as of yet to the best of my knowledge.

You have to right to tell a third-party collector to cease communication (which means all communication, written and otherwise), that is what people refer to as the C&D letter. Short of ceasing all communication, you have the right to restrict/preclude telephone contact based on your circumstances.

For example,you can require them to NOT contact you at your place of employment if your employer does not allow personal calls and/or if such calls put your job in jeopardy and you can, at least for the time being, require that they not call your cell phone (on the theory that such calls cost you money compared to a land line - I look for that restriction to go away soon). You can restrict the time of day they can call you if, for example, because of your work schedule, they "middle of the night" for you happens to fall within what is usually considered "normal business hours" during wich they are allowed to call (8AM - 9PM local time for the consumer).

But, you do have the legal right, under FDCPA to restrict all phone contact unless you have some very unusual circumstances.

Yoy DO have the right to request they not call you at all and you DO have the right to tell them that if they do call and you do answer that you will record the call and you Do have the right to not answer the phone when they call but they haven't violated any law by trying to call.

Ultimately, it's always up to you to either stay in control of the process or let them control it.

[StuckInTheMiddle]

To Robert_Nashville and StressPot, thank you this answers my question perfectly.

Also, why couldn't the OC give you the balance due? Do they still own the debt?

I'm not sure, I've gotten some really vague responses from the OC...

The Hospital Business Mgr I've been talking with hasn't shown any knowledge whatsoever with credit reporting and has said they don't do business or have any contact with the CA anymore. The hospital was previously locally owned and was bought by a national company. The last collection was July 2004.

She had asked me to call and get the current balance so that interest would be included in the PFD agreement. I'm trying to get both paid (9 ea) and unpaids (3 ea) deleted in exchange for payment in full on the unpaids, (5 on hubbys and 7 on mine).

The OC bus. mgr. has said over the phone she would be more than happy to help me get these deleted 'within' her power to do so. She has been very clear however that they would be happy to accept my money at the hospital business office.

My plan was to get a letter from her listing all accounts and their agreement to delete, submitting a check... getting a copy after it clears showing the deposit endorsement. Then submitting the letter and copy of cleared check to the CRA's and request deletion.

Generally, I'm wondering what tack to take. I have 3 options at this point.

1. Continue with the OC and be sure to get a PFD in writing before paying.

2. Go back to sending PFD settlement letters to the CA, (so far they've gone completely ignored). I may step up my efforts and send them a letter every day/week/month until they give in.

3. Not pay (or pay... I don't like seeing the 'outstanding' collection accounts myself, I can't imagine creditors like it either) the unpaids and watch to make sure that they fall off my report at the 7 yr mark. 5 will expire in the next 12 months, 1 in 2 years and the remaining 6 will take 2-3 years.

Finally, money isn't the issue, I can afford it... but I guess I want what I want in return for it.

[cookiefiend1228]

this is the only place i can find any reference to the time they can call. NCO Financial just called me at 10:38Pm eastern time. i thought after 9pm is illegal. i live in NY. any ideas or links to other threads. couldn't find anything. thanks

[Robert Nashville/Savannah]

this is the only place i can find any reference to the time they can call. NCO Financial just called me at 10:38Pm eastern time. i thought after 9pm is illegal. i live in NY. any ideas or links to other threads. couldn't find anything. thanks

I'm not sure why you are having trouble finding a reference??? The FDCPA is pretty clear on the time.

If memory serves, they are allowed to call between 8AM and 9PM in the time zone they are calling.

So, if your number is a "mountain time" number and they are on the east coast, they have to go by your time.

[Random_Nick_Name]

Who do I complain to (Government Agency) after I have sent a "drop dead" letter to a collection agency and they continue to call me?

How long does a collector have to remove my name from their "list" after they receive my CERTIFIED LETTER to cease and desist?

On June 5th, I sent a drop dead letter, the letter was signed for and received by the company on June 9th at 8:26 a.m.

On June 10th,(after 7 p.m.), I received a call from this collection company from the following number: 614-717-4395

When I answered the phone, they hung up, however the number is from a known collector.

OSI Collection Services.

Any Help?

Thanks.

[Robert Nashville/Savannah]

Who do I complain to (Government Agency) after I have sent a "drop dead" letter to a collection agency and they continue to call me?

How long does a collector have to remove my name from their "list" after they receive my CERTIFIED LETTER to cease and desist?

On June 5th, I sent a drop dead letter, the letter was signed for and received by the company on June 9th at 8:26 a.m.

On June 10th,(after 7 p.m.), I received a call from this collection company from the following number: 614-717-4395

When I answered the phone, they hung up, however the number is from a known collector.

OSI Collection Services.

Any Help?

Thanks.

You can "complain" immediately (to the FTC, BBB your State AG or anybody else you wish) if that's what you want to do but no one is going to get excited about a call that happens one day after the CA received your letter (I doubt it's even been read yet, let alone had time to be acted upon)...if the phone calls are still happening two weeks or a momth after receipt then that's another matterr.

[tonitunes]

On June 5th, I sent a drop dead letter, the letter was signed for and received by the company on June 9th at 8:26 a.m.

On June 10th,(after 7 p.m.), I received a call from this collection company from the following number: 614-717-4395

Not ONE day. but 5 days..... that's why he's upset. They have had time to read it and process it.

But I would just take note of it (date and time and such) and see if they are still calling a couple weeks later. Then I would send them yet another letter detailing their violations and tell them you are ready to take action if they don't stop.

[skot0123]

Not ONE day. but 5 days..... that's why he's upset. They have had time to read it and process it.

Actually it was only one day. The company received the letter on the 9th and the call came in on the tenth. I would agree that the letter has not made it through the proper channels at that point to be removed from the calling pool.

[LeslieR]

I think it's easy to get all excited about these things, but I wait about two weeks to follow up in any way on something I've sent out. Five days in the world a of a large, disorganized organization (yes I meant to use those two words together) is like an hour in your universe. I know you want the calls to stop, but give it a little longer before you put anymore energy into it. That's my philosophy.

[willingtocope]

after I have sent a "drop dead" letter to a collection agency and they continue to call me?

If, by this, you mean that you sent them an "This ain't my debt, and I'm never going to pay it, so leave me alone" type letter...then, according to the FDCPA, they're still allowed one more conversation with you...to tell you what their intentions are.

On the other hand, if you're referring to a "...contact only in writing letter...", they don't have to abide by that.

[Robert Nashville/Savannah]

Not ONE day. but 5 days..... that's why he's upset. They have had time to read it and process it.

But I would just take note of it (date and time and such) and see if they are still calling a couple weeks later. Then I would send them yet another letter detailing their violations and tell them you are ready to take action if they don't stop.

Last time I checked, the difference between June 9th (the day the letter was received by the company per the OP's post) and June 10th (which is the day the OP posted his question) is ONE DAY!

The CA isn't responsible for to the contents of the letter until after they receive it.

[tonitunes]

June 9th (the day the letter was received by the company per the OP's post) and June 10th (which is the day the OP posted his question) is ONE DAY!

Ok, I actually misread. I read it as they got it on the 5th and he got the call on the 10th. And if that had been the case I would have been upset as well. I have to say 5 days is plenty long enough to get a letter, get it in the system and stop the damn calls.

But since they got it on the 9th and called on the 10th it is reasonable to assume they probably haven't even opened the letter by the time he got the call.