bossv1

Are these people in the wrong?

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I got a call from a odd number. I picked up the phone and they asked who I was and said my name. I then said "go ahead" since I dont know who I was talking to. They then asked if I still reside at the address they gave me over the phone. I then said that I will not talk to you or give you any personal information unless you tell me who you are and why you are calling me. They said they are with the law firm of such and such. I then said ok cool now why are you calling me. They then said I wont talk to you unless you verifiy your information. I then said I have nothing to veirify you called me, I dont know you, and I dont know why you called. She then said ok bye and hung up.

I did research on them and this is a law firm / debt collection agencie. The work with Capital One. I do have Capital One debt but never been contacted before for it by a collection agencie. This debt is about 2 years old.

What do I do? Can they sue me and I dont call them back and if they call me and wont tell me why they are calling. I will not verifiy anything personal unless they tell me FIRST WHY they are calling.

Please help.

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Don't worry This is standard procedure. What you should do next is wait for them to call you again and tell whoever is calling that they should cease and desist from calling you ever again. If they want information from you just do exactly what you did and do not give them any information. Let them know that you are aware of your rights and that they should never call you again. GL.

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"...tell whoever...cease and desist from calling..."

It would be great if it worked that way, but it doesn't.

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...."

The instruction must be 'in writing' and it means ALL communication, not just telephone calls. On debts that are within your state's SOL, such instruction leaves a CA with little choice other than 1) to ignore the debt, or 2) sue you. (See nascar's post)

You may wish to educate yourself prior to doing anything...

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Like the previous posts, after nearly a year of following the rules, sending written notice of cease contact to the CA; a knocking they came on my door. The overall probelm I see, is these CA's are buying up debt and coming after even (what is already off the Orignal debt, books) debt no one would've sought prior.

Using a lawyer, the suit in my case was dismissed and deleted.

My advice would be too start in writing (as advised already) and either, depending on amount of debt, prepare for them to file, suit , so you must use this site or get right with a lawyer. Don't ignore the threat though as it took a year for em to git after me. Most of all, good luck and get your info here.

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