Collection Agency Faxing to Work??

[oceans]

Can they do this? I have a collection agent who called someone else in my office, acted like he was my friend (just gave his first name and asked for me by first name), and then asked my coworker for our fax number because he had to fax me something. My coworker gave him the number. The collection agent said he was faxing me something, but it's been 30 minutes and nothing has come through.

Can a collection agency fax debt info like this to your job? And to a public fax number that everyone shares/uses? I did not request or authorize anything. To me, it violates the right to privacy.

[admin]

I'd say that's crossing the line since anyone could see the paperwork.

[ALVA]

A fax would be hard evidence of a violation, I believe.

[oceans]

I'd say that's crossing the line since anyone could see the paperwork.

Hi Admin. Thanks for answering my question. Is there anything I can/should do in response to this fax they sent to work?

You'd think they know better. All companies have the same policy/responsibility to safeguard personally identifiable information... SSNs, pay info, family info, DEBT info, etc.

[ALVA]

Did they actually send it, I thought they were just threatening?

That's a slam dunk FDCPA violation I should think, sending to a shared fax machine like that. I would consider contacting an attorney. I have found a consumer law firm in my state that answers questions for free via email and has even given me free phone consults when I had similar questions.

[oceans]

Hi ALVA. Thanks for replying. Well, it's been a couple of hours and nothing has come through yet (at least no fax was delivered to me... who knows... maybe it came through and someone else picked it up).

Anything I should do to stop this jerk from calling everyone in my office and the fax thing?

[willingtocope]

How do you know it was a collection agent that called?

[debtorshusband]

Hi ALVA. Thanks for replying. Well, it's been a couple of hours and nothing has come through yet (at least no fax was delivered to me... who knows... maybe it came through and someone else picked it up).

Anything I should do to stop this jerk from calling everyone in my office and the fax thing?

I agree that a fax would violate the FDCPA provisions against third party disclosure.

As for the phone calls, they are allowed to phone other people only in order to locate you. If they have a valid number to call you, they have no business calling anyone else, and to do so is another FDCPA violation. If they don't have a valid number to call you, you may have to communicate with them just enough to give them a number, then they will have no legally justifiable reason to call anyone else.

DH

[oceans]

Hi everyone. Well, as of Friday no fax ever made it to my desk. Whether something was faxed and someone else picked it up remains unknown (about 40 people use this fax machine).

I know it was a collection agent because he always leaves just his first name (John) and leaves messages like he is my BFF... and that is what he did when he talked to my co-worker... convincingly too, because my co-worker gave him the fax number. He told my co-worker he was faxing me something and he was faxing it "right now."

He has my numbers... I've just never picked up the phone when he calls... because of everything I've read telling me to stay off the phone with CAs. I know he is a CA because I googled the number he was calling from (about 4 different numbers come up when he calls... some local, some toll free).

I guess calling my co-worker and saying he was faxing was a scare tactic... and my co-worker confirmed that I was at work that day (no, I didn't call him back).

~~~~~~~~~~~

This is a big bill... $1860... for 5 months of before/after care from 2006 (single mom with a jerk for an ex... during the same timeframe of this debt, I had to refinance my car just so I could pay a $500 dental bill for my daughter that my ex wouldn't help with).

In any event, I estimate my last payment was Dec. 2005 or Jan. 2006. Registration is done by calling their central office (county program). The only paperwork I remember ever filling out was income information and emergency contact stuff. I don't know which SOL applies (oral or written contract). In Virginia, the SOL for oral contracts is three years and the SOL for written contracts is five years. I am in a better position to pay some on this now, but I sure can't pay $1860 or even 1/2 right now. I can't stand this fake SOB CA. I'd like something in writing before I pay ANYthing (got burned by doing an oral agreement with Target to remove their $29/mo. fees)... and of course, I don't want this to appear on my CR. Not sure what to do or how to do it.

[oceans]

Hi all. Hope you had a nice weekend.

Well, the CA never faxed anything. Let me re-phrase... no fax ever made it to my desk. He did call at 0900 on Saturday morning to my cell phone... this time not being my BFF but instead sounding like a stern father... "YOU MUST CALL ME RIGHT NOW!"

I just pulled all three CRs individually and none of them have this CA on them. Wonder why?... but not complaining. Can county debts be placed on a CR? That's the only possibility I can think of.

Maybe SOL is out... still trying to find out how registering for services via telephone works. Sounds like an "oral contract" and, if so, the SOL in VA is three years and the SOL has expired. I did fill out paperwork a little later, but it wasn't a contract... it was emergency contact info and income verification.

[jetscarbie]

any debt can be placed on your CR. My SIL's lawn service placed a tradeline on her's for $78.

Send this company a DV.

Next time he calls ask him to send you some paperwork for this debt. When you get it, send him back a DV.

[oceans]

I once had a TL put on my CR for owing less than $1 (yes... that is ONE dollar!)... it was MCI. No kidding. Jerks. I paid them and they removed it, but c'mon already!

I'm just trying to figure out why this debt isn't there.

So... you're saying I should talk to my new BFF CA and ask for validation? Although I didn't ask for anything months ago when I got a generic letter from them? I know... I know. I didn't find this wonderful source of information until it was too late, so I've just ignored his calls (and I have ZERO trust for CAs over the phone after Target flat out lied and didn't hold out on their end of the deal).

I'm assuming the CA doesn't "have" to send me a darn thing. If he doesn't, then what? If there's no "contract," then what?

Who knows... maybe he's thinking I'm getting some whopping tax refund. Boy, is he in for a surprise! And I owe the state a little bit (as if Virginia doesn't tax us to death already).

I'm still pretty baffled on how to proceed when it comes to dealing / not dealing with CAs.

[jetscarbie]

I understand completely about the IRS....I always owe.

He doesn't have to send you anything........but just maybe......if you tell him to send you some paperwork and a bill and give you a chance to check it out.....maybe he will fall for it and send you the bill. YAY!!!! Then you can send him the DV. B/c...how would anybody know that's NOT his first contact with you if you can get him to send you something?

Personally, I always send a DV..even if it's outside the 30 days. It may not stand up in court or whatever....but just maybe the judge would look at as you TRIED to do something.

In my DV letters, I just make them real simple. This is what I put. YMMV

Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

It's not convenient for you to call me at work, as my Employer doesn't allow personal calls"

[docniss]

When I DV a CA, I have a nice 1 1/2 page letter that states the FCRA FDCPA violations etc as well as a C&D so that all further communication must be in writing. I also kindly ask them to provide proof if they are a law firm that they are licensed by my state bar and weather they are lawyers or a CA that they please kindly provide their business registration # for my state to prove they are legally able to do business in my state. I also prefer putting in a change of contact info letter so that all the mail goes to my p.o. box and if they do call, the calls go to my unlisted # that is in existence for the sole purpose of internet connections so I have no ringing phone connected to that line8-). All these tactics work famously.

[wahoo238]

When I DV a CA, I have a nice 1 1/2 page letter that states the FCRA FDCPA violations etc as well as a C&D so that all further communication must be in writing. I also kindly ask them to provide proof if they are a law firm that they are licensed by my state bar and weather they are lawyers or a CA that they please kindly provide their business registration # for my state to prove they are legally able to do business in my state. I also prefer putting in a change of contact info letter so that all the mail goes to my p.o. box and if they do call, the calls go to my unlisted # that is in existence for the sole purpose of internet connections so I have no ringing phone connected to that line8-). All these tactics work famously.

This may have "worked famously" for you but it is bad bad advice. Sendind a DV and C&D??, even a limited C&D in which FDCPA does not recognise, could very well get the debtor on the fast track to a summons. And just as quickly being unreachable. Additionaly you are asking for much more info than is required by FDCPA for validation, you can ask but dont be disapointed when you don't get it.