ctown18 Posted January 13, 2009 Report Share Posted January 13, 2009 My wife recieved a phone call from this agency yesterday. I've already seen several posts regarding their crappy tactics. This is on a credit card debt that's over four years old. It's been sold and resold a bunch of times. Each time we do a debt validation on it, it gets resold again.My question is, do we wait for a dunning letter from these people, or respond to the phone calls? If they don't even respond to validation and continue to call, do we record them for FDCPA violations? Also, are they even licensed to collect in my state (Ohio).Any help is appreciated, and thank you. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted January 13, 2009 Report Share Posted January 13, 2009 My wife recieved a phone call from this agency yesterday. I've already seen several posts regarding their crappy tactics. This is on a credit card debt that's over four years old. It's been sold and resold a bunch of times. Each time we do a debt validation on it, it gets resold again.My question is, do we wait for a dunning letter from these people, or respond to the phone calls? If they don't even respond to validation and continue to call, do we record them for FDCPA violations? Also, are they even licensed to collect in my state (Ohio).Any help is appreciated, and thank you.Ohio has a lengthy statute of limitations; either six or fifteen years – I’m not sure which one the courts in Ohio have applied to credit cards but it looks like this is within statute in any case. That said, I would not recommend a cease communication order (C&D) as it may push them into a lawsuit.I would absolutely stay off the phone with these people…let them send you a dunning letter and then start the DV process – I would not get on the phone and record phone calls in hopes that they’ll commit violations.First of all, it’s dangerous to engage collectors on the phone unless you have the knowledge and training and personality to handle it and not let them goad you into saying something damaging and/or manipulate you in some way. Beyond that, violations are worthless unless you are truly willing and able to sue and willing to see it through – many people talk a good game but ultimately don’t the means and ability or tenacity to follow-through.As to their licensing – you’ll need to check with Ohio; you should be able to find that information on the web (or ask for that information as part of your DV request)..Final thought…if this is a legitimate debt; why don’t you/your wife settle it. If it’s been passed around I suspect you could settle it for very little and than you can put this thing to rest and not have to deal with it for the next decade or more. Link to comment Share on other sites More sharing options...
ctown18 Posted January 13, 2009 Author Report Share Posted January 13, 2009 Robert,Thanks for the response. We've tried several times in the past to settle with these scumbag JDB's, but they've never wanted anything less than 55%-60% of the original debt plus thousands in interest and charges.It's amazing to me that people make a living off of this crap. I wonder what percentage of people cave in to their "scare tactics" and pony up money? Link to comment Share on other sites More sharing options...
Recommended Posts