Creditors Financial called me AFTER I sent them a cert. ltr demanding do not call!

[SolaceSoul]

In June 08, I sent Creditors Financial a letter DVing a credit card debt and in the letter I demanded that they do not contact me by phone, and only contact me via mail. They did respond to my DV with verification, but I have not heard from them other than that.

Since then, they have tried to call me at my SISTER'S HOUSE (knowing damn well I do not live there and I provided them with my current address / phone number, which hasn't changedi n over 2 years!).

I called them back, not knowing what the call was about. When I found out it was Creditors Financial about that VERY SAME credit card debt that I DV'd about, I was FURIOUS. I told them I had attempted to make payment arrangements with the OC. Creidotrs Financial said, "do I have your permission to record this call?". I said "NO!" Then asked them if they were going to accept my payment arrangements, they said they would not discuss, so I said I will send them a certified letter with my request.

I hung up, looked at my original letter and sure enough, I DID demand that they cease all telephone calls.

What can I do about them trying to reach me byu phone through my sister, 3 times since I demanded by letter that they not call me? Can this work to my advantage in the debt that I owe them?

Thanks!

[Jackie2]

what they did is unethical but I don't think it's illegal. A CA can call and leave a message with your sister as long as they don't discuss the account with her.

I would send another C&D letter outlining where they cannot call...include work in that letter too. State they cannot call relatives, friends or associates. Cannot call work and that you will only correspond via mail.

If they continue to call friends, family or work after words contact the Att Gen office.

I had one card refuse to recognize the FDCA and called us at home to the point we got a new phone number and then called him at work. So, I had to send a C&D letter explaining no phone calls, mail only, do not call at work and if they continued I would notify the Att Gen.

So far so good...knock on wood.

[Ahntara]

"...demanded that they do not contact me by phone and only contact me by mail..."

There's your problem.

From the FDCPA 1692c, Subsection 805©

"...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.

If such notice from the consumer is made by mail, notification shall be complete upon receipt..."

The law doesn't provide the alternative to only contact you by mail. If you send a 'cease communication' letter, that applies to all communication. Even then, as you can see, there are conditions under which they can contact you, again.

[NYMatt]

They're calling your sister and getting exactly what they want : You calling them back immediately.They use this scheme to embarass people.

[jasen]

what they did is unethical but I don't think it's illegal. A CA can call and leave a message with your sister as long as they don't discuss the account with her.

Eh, they're only supposed to harass 3rd parties as a means to find you. Contacting them as a means to intimidate or embarrass you is in the gray area, if not outright violation, even if they don't discuss the account or reason for the call.

[debtorshusband]

what they did is unethical but I don't think it's illegal. A CA can call and leave a message with your sister as long as they don't discuss the account with her.

I disagree, respectfully.

The FDCPA specifically prohibits calling 3rd parties except in an effort to locate someone. Since they have the OP's address and phone number, they have no business calling anyone else.

Now, the FDCPA may not provide any muscle to enforce a "no calls, written communication only" request. You have to enforce that yourself, by saying "I won't discuss it on the phone, put all communication in writing" and hanging up.

DH

[Robert Nashville/Savannah]

Agreed.

Since they did verify the debt, they can resume their collection activities and that includes calling during normal hours (except in special circumstances).

However, they only have the right to call a third party for the sole purpose of locating the debtor – once they have the debtor’s address the location provision no longer applies. However, I doubt it would be actionable unless they call the sister many times and/or commit other violations such as discussing the debt, etc.

For the OP…

There are three primary things you need to know when dealing with a third-party collector.

1. To know that this debt is your obligation

2. If it is your debt, then you need to know that this CA has the authority to collect the debt on behalf of the creditor, and

3. If it is your debt and this CA has the authority to collect, then you need to know, at least to a reasonable extent, how much you owe.

If those questions have not been answered to your satisfaction then all you can do is to keep trying to get the answers. If those questions have been answered, then the next step is to try and reach a settlement (either with the CA or directly with the creditor).

Whether your questions have been answered or not; if you do not wish to pay, your only other option aside from the two above, is to tell the CA to cease all communication (cease collection activity). Bear in mind that taking this route can be a risky step if the debt is large and/or it is still within statute.

Also keep in mind that except in two states, debts don’t just “go away”...if the creditor is free to try and sue you at any time (of course if the debt is OOS then you have an affirmative defense if they sue) or continue collection efforts with CA after CA for many years.

[StressPot]

However, they only have the right to call a third party for the sole purpose of locating the debtor – once they have the debtor’s address the location provision no longer applies. However, I doubt it would be actionable unless they call the sister many times and/or commit other violations such as discussing the debt, etc.

Robert, you are usually right on the money when it comes to advice, so I have to ask how you have come to this conclusion? When I read your statement "...Once they have the debtor's address the location provision no longer applies." I am confused by this and it feels like you are saying that the law no longer applies once they have confirmed (to the best of their knowledge) the consumers location information.

I do apologize, but I ask this question out of confusion, and so that future readers aren't boggled about how the FDCPA reads. Thank you!

PS. For background, I was in (almost) the same position. The only difference for me was that I truly do not (and did not at the time) subscribe to telephone service at the time of my last dunning.

I wrote them to confirm my contact information, to tell them of my financial situation, that I was willing to work with them, AND to stop calling my family - only write to me.

They did not stop calling my family.

That is one of the things I listed in my lawsuit against the law firm I sued, and I feel this was very important to the suit I won last year.

StressPot

[Robert Nashville/Savannah]

....

Thanks for the kind words.

Except for location information, a CA cannot communicate with anyone other than the debtor.

However, the law (section 804 of the FDCPA) allows a CA to call a third-party once (although there are two exceptions allowed for ) and only to acquire location information - once the CA knows the debtor's location , it is a violation for them to communicate with anyone other than the debtor.

[SolaceSoul]

Update:

After they contacted another sister by phone, I sent ANOTHER letter to Creditors Financial, CMRRR, telling them that they are violating the FCRA by contacting third parties when they already have my direct contact info, and to only contact me via regular mail, or face legal action.

Then, two weeks later, I got a letter from ANOTHER CA regarding the same account. It looks like Creditors Financial handed it over the another CA after receiving my second, more stern letter about their phone violations.

OK, so now that I got a letter from the new CA, what do I do?

[nascar]

OK, so now that I got a letter from the new CA, what do I do?

Start all over again ...

[Amerikaner83]

...telling them that they are violating the FCRA by contacting third parties...

...and for the record, it was the FDCPA that is at issue here, not the FCRA.

[Fizzle1979]

Since you live in Texas, read the Texas Finance Code also.

[SolaceSoul]

Since you live in Texas, read the Texas Finance Code also.

I live in GA now. Changed my profile.