silverme Posted April 29, 2009 Report Share Posted April 29, 2009 Hi there everyone! So glad I found this forum! Ok, I have a CC collection from probably 20 years ago (or close to that) that a new CA has taken over. They called last week, my husband answered the phone, they asked for me, he tells them I'm not here. They tell them who they are and he asked what the call was about....the woman proceeds to spill the whole thing to him. She tells him who I owed, when the last payment was made, when the account was closed, the balance owed (according to her records, not mine), the whole freaking thing! He didn't know about it and was not happy. She gave him her name and phone number but he didn't write down the company. DUH on his part.Did she or did she not violate the FDCA?? And what about my privacy? I'm so PO'd about this but don't know how to proceed. I'll be interested to read any responses.TIA!Silver Link to comment Share on other sites More sharing options...
wahoo238 Posted April 29, 2009 Report Share Posted April 29, 2009 I would suggest you call the CA and get the mailing address and account no and send them a Cease & Desist letter. You are well outside SOL, AL is 3 yrs for CC. Link to comment Share on other sites More sharing options...
silverme Posted April 29, 2009 Author Report Share Posted April 29, 2009 Awesome, I'm definately gonna do that! I had no idea about the SOL! You've made my day. Link to comment Share on other sites More sharing options...
debtorshusband Posted April 29, 2009 Report Share Posted April 29, 2009 Did she or did she not violate the FDCA?? And what about my privacy? I'm so PO'd about this but don't know how to proceed. I'll be interested to read any responses.Unfortunately, if your husband identified himself as your husband, there is no FDCPA violation. I call your attention to Sec. 1692c, paragraph (d):(d) ``Consumer'' defined For the purpose of this section, the term ``consumer'' includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.However, the FDCPA also requires that within 5 days of that initial communication, they must send you a letter telling you the amount of the debt, to whom it is owed, that you have the right to dispute, that you have the right to obtain verification, and the right to receive the name and address of the original creditor. (Sec. 1692g). If they don't send you that letter, they are in violation of the law.Regards,DH Link to comment Share on other sites More sharing options...
silverme Posted April 29, 2009 Author Report Share Posted April 29, 2009 Oh ok thanks DH. They called on the 24th, so guess I have a few days to see if I get that letter. Thank you all for having this wonderfully informative forum! Link to comment Share on other sites More sharing options...
silverme Posted June 24, 2009 Author Report Share Posted June 24, 2009 Never recieved a letter and they're STILL calling! Grrrrrrr! Now that I have their name and address, I'll be sending out that C&D letter pronto. Link to comment Share on other sites More sharing options...
admin Posted June 24, 2009 Report Share Posted June 24, 2009 You might also let your State AG's office know about these guys, they are trying to collect on Zombie Debt. Link to comment Share on other sites More sharing options...
debtorshusband Posted June 28, 2009 Report Share Posted June 28, 2009 Never recieved a letter and they're STILL calling! Grrrrrrr! Now that I have their name and address, I'll be sending out that C&D letter pronto.Add a little kicker to the letter to get them riled:"You never provided a written notice with the Verification Statement as required by the FDCPA. I will not deal with someone with such a blatant disregard for the law. You are not to contact me again."Good luck.DH Link to comment Share on other sites More sharing options...
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