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Good God, make her stop.....


Sinsaint
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A few months ago I got a call from a CA looking for my husband. She said she was calling about a Gordon's account. I told her I knew exactly what it was about and then asked her to look at the date on that account. She said they just got it a few weeks prior. I had to politely tell her to look at the date the account went delinquent. Yes, 1991 and that we had no intention of paying it. Furthermore we would be idiots to pay $1800 when the original purchase was under $300. I told her not to waste either of our time and not call back.

So this week I get a call from another CA (I think she said Allied). Pretty much the same conversation.... Until she said "so, you are admitting this is your bill?" To which I said no, I'm not admitting to anything because it's not my bill. Then she got huffy and said she needed to speak with my husband immediately. I told her he would be home on Friday and I would give him the message.

Then it was like she put my number on speed dial. Not that automated one either. It's her. The one time she called she literally said "just looking for your husband maam" click. So today she calls again. I finally told her she needs to just stop calling here. Basically she said no, that she has the right to continue collection efforts. Two hours later she calls again, claiming it is urgent that my husband contact her to set up payment arrangements with her by tomorrow. Otherwise they will be deciding of Friday whether to persue legal action. I told her on a 19 year old debt????? Good luck with that.

How do I make her stop calling here? If it were once or twice a week I wouldn't even care. But five and six times a day is rediculous.

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Allied Interstate are a bunch of bone heads.

Here's how I would handle it:

Answer the call and ask her to hold a moment (turn on the tape recorder). Then act all fuddy and say "hrm is today the [day] or [month]" and wait for her to say "yes."

Then let her run her spiel again. Ask her again what the date is on the debt. Then remind her that you already told her on the [day] that it is past statute, nearly 20 years old, and you have no intention of making any payment arrangements. Let her blow her lines again which will probably include a threat to sue (which is illegal if they know they cannot do it). Keep your cool through all this. Politely remind her that she was asked not to call anymore and only then say "Well thank you for the call. Just so there is no debate of what has been said here, I've recorded all of the call. Thanks again." and hang up.

You will likely never hear from them again. If you do, you can remind them that you've been through this with them before and have a recording to prove it, then file suit for FDCPA violations.

As long as you do not specifically tell them you will use the recording to sue them, you will not run afoul of extortion laws.

Edited by Methuss
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Allied Interstate are a bunch of bone heads.

Here's how I would handle it:

Answer the call and ask her to hold a moment (turn on the tape recorder). Then act all fuddy and say "hrm is today the [day] or [month]" and wait for her to say "yes."

Then let her run her spiel again. Ask her again what the date is on the debt. Then remind her that you already told her on the [day] that it is past statute, nearly 20 years old, and you have no intention of making any payment arrangements. Let her blow her lines again which will probably include a threat to sue (which is illegal if they know they cannot do it). Keep your cool through all this. Politely remind her that she was asked not to call anymore and only then say "Well thank you for the call. Just so there is no debate of what has been said here, I've recorded all of the call. Thanks again." and hang up.

You will likely never hear from them again. If you do, you can remind them that you've been through this with them before and have a recording to prove it, then file suit for FDCPA violations.

As long as you do not specifically tell them you will use the recording to sue them, you will not run afoul of extortion laws.

While this is good, keep in mind too that PA is a TWO party state, meaning you must have permission from BOTH parties to record a phone conversation. Seeing that the OP is in PA, the aforementioned script might not work with PA's laws. Unless it's clear where the collection calls are coming from, this may or may not even applicable.

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I would go with the C&D letter and send it express next day delivery. Worth the $15 to stop the hassle AND you automatically get delivery confirmation with that (I do not know of the green card is extra). If that does not shut them up, then tell them that you are talking to your lawyer about legal action too and tick off the violations of the FDCPA. That should shut them up about any legal action.

As for the phone recording rules, simply tell the person that you are recording. If they refuse, tell them the only way to do so is for them to hang up. Keep it up and they will get the hint.

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Why not simply send a cease communications letter CMRRR. After you get the green card, simply follow Methuss' methods but remember, the conversation goes like this:

You: "And today is...."

Them: "XX/XX/XX"

You: "And you are calling me why?"

At that point whatever they say becomes a violation, so let them ramble....

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Heck with from here forward, they've already committed violations. SUE THEM!:twisted:

I highly recommend you get a consumer atty asap. There are plenty you can find on the net that will take this case in a heartbeat. Been there done that, and the CA didn't even call as much as they have you. I found a good firm that covered my state, they filed a suit, the CA settled, and I got a check. Didn't cost me one red cent. From the time I contacted the atty to the time I got the check in the mail was about 5 months. Even if they go away, SUE THEM STILL! They've already committed several FDCPA violations so hold them accountable for it and put some money in your pockets to boot.

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The problem is that they do this simply because most people will roll over and pay them to make the harassment stop because they do not know their rights or have been beaten down financially for so long that they feel they deserve this.

If you want it to stop without paying, you have to be assertive about your rights right back. This is like dealing with the playground bully who will attack you mercilessly until you punch back, then they run. Once you start to assert your rights and knowledge, they will back off and find an easier target.

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A few months ago I got a call from a CA looking for my husband. She said she was calling about a Gordon's account. I told her I knew exactly what it was about and then asked her to look at the date on that account. She said they just got it a few weeks prior. I had to politely tell her to look at the date the account went delinquent. Yes, 1991 and that we had no intention of paying it. Furthermore we would be idiots to pay $1800 when the original purchase was under $300. I told her not to waste either of our time and not call back.

So this week I get a call from another CA (I think she said Allied). Pretty much the same conversation.... Until she said "so, you are admitting this is your bill?" To which I said no, I'm not admitting to anything because it's not my bill. Then she got huffy and said she needed to speak with my husband immediately. I told her he would be home on Friday and I would give him the message.

Then it was like she put my number on speed dial. Not that automated one either. It's her. The one time she called she literally said "just looking for your husband maam" click. So today she calls again. I finally told her she needs to just stop calling here. Basically she said no, that she has the right to continue collection efforts. Two hours later she calls again, claiming it is urgent that my husband contact her to set up payment arrangements with her by tomorrow. Otherwise they will be deciding of Friday whether to persue legal action. I told her on a 19 year old debt????? Good luck with that.

How do I make her stop calling here? If it were once or twice a week I wouldn't even care. But five and six times a day is rediculous.

Have they even supplied you with an address to write to? They are required to send written notice within 5 days of the first communication or they are in violation. I wouldn't even talk to them. I only talk to Original Creditors and only then to expose the fact that a lawsuit has been filed in their name without their knowledge. Getting back to this 19 year old debt. Don't talk to them other than to ask when you will be getting notification in writing regarding this debt. No, you don't owe them one red cent.

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If all you want is for it to stop, send a C&D by CMRR and in about a week the calls should stop. If you want it to stop sooner, send it overnight (but make sure you get delivery confirmation).

If they call after that, record the call(s) and if they send you collection notices in the mail, save those. Then find a consumer attorney in your area. The lawyer will help you sue them and not only get you paid but they'll be on the hook for your lawyer's fees, too!

Everyone I've sent a C&D to has stopped contact though, I wish they'd violate me, I could use a free vacation! :)

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