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I received a call yesterday from an 800 number. I called it back today and a voice automated system came on. It said is the "my name", please verify. IF not please put the phone down and get me. If this is not me than please hang up the phone.

Has anyone gotten a call like this before? If so, has anyone called back and verified their identity?

Second, is this legal?

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Has anyone gotten a call like this before? If so, has anyone called back and verified their identity?

Second, is this legal?

It is a collection agency using an automated calling system. Yes, it is legal. Although, they are limited with times and frequency of calls. You are better off meeting it head on than just dodging them or ignoring them. Request veification of the debt, log the number, date, time and person who you spoke too. Most likely, you will hear from them again.

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I have requested verification for dunning letters I have received, but none of the companies have provided me with any verification. I sent a second letter and still no response. I am sure they passed off the debt to another CA. The two debts on my CR are still owned by the OC

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Also, when you call back. The automated system does not tell you what company you are calling or that they are a debt collections company. From my understanding is that no matter if you receive a call or return a call every CA has to disclose the mini-miranda in their voice automated messaging system.

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How you talk to them on the phone I am always afraid to pick up...They can be so overwhelming to talk to.

nanay, call them back, advise them up front that you are recording the conversation (if legal in your state) and simply tell them that all communications are required to be in writing , by First Class US Mail, and that all future telephone calls are inconvenient and must stop. You will be happy to receive written correspondence. Then hang up, as you aren't required to talk to a CA on the phone. Don't let these guys overwhelm you.

Also, have you received a letter from them within 5 days of their first telephone call ? If not....strike 1...violation of FDCPA...they owe you $1,000.00, if you wish to press it. Now if you do receive a letter, you need to reply with a validation request. I suggest that you do so ASAP, so you don't forget, although the FDCPA says you have 30 days. Send your letter CMRR.

CAUTION !! Don't ever disclose any personal info on the phone, ss number, bank account number, or ever make any verbal commitment to making payment arrangements. Just tell them that you need verification of the debt in writing.

Edited by Noway
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Another way I have handled this in the past...when they ask for any identification, ask them to provide the information they should have on file, so you can confirm or deny...But don't ever provide any info which they don't have in their file...especially SS #. If they can't provide existing info, tell them to send you a letter...and then hang up. There is no law which says you even are required to talk to these guys on the phone.

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The other issue I have is when a CA calls you and blocks their number and does not leave a message.

The fun will come when the next time they call and I pick up the phone and it is a CA that I sent a validation letter with a full C&D and they never responded to it. Jackpot $2,000 as long as I record the conversation.

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If I ever talk to any creditor, I am very limited with what I say. Try and get your rehearsed conversation ready and then you'll be prepared. Make up your mind that you will not acknowledge anything they say! Your only purpose is to get their address (so you can send them a letter if they don't send you one). At this point, they will think that maybe you're going to send them a payment, so they will gladly furnish their name and address which you will then have in case they don't follow the rules and send you a letter. Then you have all the information you need to pursue them!

Here is my run through -

Them asking for me and quickly running through their spiel - "And how would you like to take care of this?"

Me acting dumb - "Who is this?" and then get them to slowly spell their name and the company's name so they will know that you are writing the information down.

Me - "And your phone number?"

Me - (ignore anything they ask and stick to your script) - "Well, you'll have to send me something in writing and let me take a look at it."

Them - "You are Ms. _____________? And you did have a ____________ credit card."

Me - "I don't know you and I'm not giving out any personal information. Just send the letter and then I'll know you're who you say you are."

Them - "We've already sent you numerous letters."

Me - "Let's see, today is (and say the date) - when can I expect the letter and I'll be sure to be looking for it."

Them - "We're not sending any more letters. Now are you refusing to pay?"

Me - "As I said, I need proof of who you are before I say anything. I'll be looking for that letter. Have a good day." And then hang up . . . even if they are still talking.

If you want to record -

And if you live in a one party state, just click on your recorder if you have one and record the call and don't tell them anything. If you live in a 2 party state, turn on the recorder and then tell them at the beginning to hold on and let you turn on your recorder as you've been getting some strange calls. When it is turned on, tell them okay the recorder is on now so let's start over. "Who are you and what are you calling about?" Also mentioning the date as I stated in the conversation above, sets the deadline for them getting that collection letter on out to you. But, even if I don't record - I still say that in the conversation . . . for all they know, someone else at my house might also be listening and can be a witness as to the date they called. And I take a picture of the caller ID showing their name and the date! :)++

I even had one guy to just keep ignoring what I was saying and he refused to send any more letters, but did tell me the sheriff was coming with my summons. After his refusal to send me the letter, I remained nice and told him if he couldn't send the letter, maybe the sheriff could bring it when he came! Then I thanked him for the call and hung up! He was still talking . . . LOL! Needless to say, I did get another letter and no sheriff ever came (btw, that is a violation to threaten something like that), then armed with the "fresh" letter - I sent my DV letter back to them, asked for validation, disputed the debt and elected arbitration which if they ignore and sue, then I have an automatic violation for them breaching their own contract which says I can choose arbitration in case of a dispute. However, they gave up and sold the debt on down the line to another JDB! If they didn't have the proof, you know the next JDB isn't going to have it either. Or maybe they don't want to pay the expense to arbitrate . . . either way, as long as they pass it around, it eats up the SOL clock and that's good for the consumer!:)++

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Good Call, Linda !

I used a similar spill when I received a call from a quote "law office" in California. Except I pretended that I was drunk and kept asking him what he was selling, vacuum cleaners, vitamins, or what ! I kept him so confused and upset after about ten minutes, he finally accused me of "fraud". I then asked him to repeat that statement, to ensure that it would be clear on my recorder...not sure if my recorder picked it up the first time! Apparently he didn't hear that statement, he kept ranting...then suddenly he got very quiet and said " are you recording this conversation ? " I said, yeppers, and since I told you to repeat your statement, indicating I was recording it, you didn't object, so I think you gave me your permission to record. Too late, buddy !

He had already given me his "name" and contact address.( Can we say "self incrimination " ?) In any event, I sent these guys a letter, advising them that making accusations of this nature was a violation of the FDCPA, and they had a choice..either send me a check for $1000.00, OR CEASE AND DESIST, as the FTC and States Attorney Generals might like to contact them. I gave them an option...they chose the latter...which was my goal anyway ! "Ain't" heard another word from these clowns in over 5 years !

Funny thing was...I don't even have a recorder...you just need to play mind games with them..just like they play with you !

Edited by Noway
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I played dumb while talking with a CA on the phone. She was actually very nice to me and gave me the mini-miranda as well as mentioning we were on a recorded line.

She told me that I had an account with HSBC that she was calling on. I told her I never applied for credit through HSBC. Sh then had all of my personal info, so I acknowledged she had the right info, but still I never applied for credit through HSBC and that it was fraud.

I asked her how can I dispute the account and have a fraud investigation conducted, she said "It looks like this is your account since you acknowledged that this is your information." I dont think so, I asked her again. Then, I asked her to send me a letter, which I never received. So, I found out where this CA was located sent them a DV letter and disputed it with the CRAs. The CRAs deleted it from my report, but HSBC sent me a letter stating they did a fraud investigation and found out the information did not constitute fraud. I called the fraud investigator and left him a message. Till this date, I have not seen it on my CRAs nor have I heard from the fraud investigator.

Next step is to file a FCRA against HSBC, since I cannot file a FDCPA against them for improper reporting to the CRAs.

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Don't ever acknowledge "anything" when talking to them. If they ask if this certain date is your birthday or is your social security ___________ - the thing is - no matter what they try to get you to acknowledge, just keep telling them that you aren't giving out "any" information and that you'll need to see something in writing. And if they say the call is being recorded and you live in a 2 party state, you can go ahead and record too in secret as they have already said it was being recorded. The only time you have to tell them that it is being recorded is "if" they don't say it is being recorded and you live in a 2 party state. However, if you live in a one party state . . . record away in secret as you are the "one party" that knows it is being recorded. :)++

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I second what Linda7 says. It is legal to record in all states if you inform the other party you are recording at the beginning of the conversation, or at the point you start recording. You do NOT have to ask permission, but you must clearly inform them. If they object to being recorded the have the option of hanging up, which some of them will do.

What I find funny is some will forget the script and start to argue about the legality of recording the conversation. From the FCC for state to state calls.

I always disclose. While you may think they are located in your state or another 1 party state, with phone banks the same number can ring in multiple states.

***** WARNING - THE FOLLOWING IS NOT LEGAL ADVISE - USE AT YOUR OWN PERIL****

If they tell me the call is being recorded for "quality control purposes". I record too without notification. They are already informed the call is being recorded, they told me.

******* END OF DISCLAIMER *******

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It must also be legal in the other party's state.

I am so happy and bless that I found this place...I am still lost with my summons. I am still afraid for my family we have four girls’ ages 10-4 lost my business 2years ago. I am working for my church as a teacher with just $450. A month to keep up with my dept. I know I will need to face this sooner.

I did finally talk two collections one of them was just so mean, finally I did tell her she is in a violation and I fax her VD letter.

This summon is from City Bank with SUttell & hammer, The date was April 11,2011 but it was just hand it to me 4 days ago. Therefore, I called them I told them I would pay $50. In addition, told me I don' need to file if I sing the second paler work that said Stipulated General Judgment and money award.

Well I did not sing it but send them the money. It said on this letter I would need to pay $100 a month so I called them told them I could only do $50.

We live in Oregon Do I still need to file the summon I got. It said I have anthill

May 30, 2011

In addition, faxing my VD letter to the collector is it okay...I do not have the money to get them all notarized.

Sorry I just so overwhelm.

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I am so happy and bless that I found this place...I am still lost with my summons. I am still afraid for my family we have four girls’ ages 10-4 lost my business 2years ago. I am working for my church as a teacher with just $450. A month to keep up with my dept. I know I will need to face this sooner..........

Sorry I just so overwhelm.

Nanay,

Start with this thread in the stickies.

And start a new thread with the specifics of the summons. Check this thread for what to include.

Once you start a new thread and answer the questions, we will help you out as best we can.

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Do not be scared!! Look at a civil suit by a JDB as a house of cards or them acting as a magician.

Their case is built on a faulty foundation and all you need to do is find the weakest part or parts of their case and the house of cards comes tumbling down.

Remember a JDB acts like they have a slam dunk case, that is why they press so hard for MSJ. If it goes to trial, they do not stand a chance. Just remember an attorney for a JDB needs to pull tricks to make people believe that what they say or have is true!!

I can say the same thing about the OC as well. The attorneys representing the OC have a hard time proving their case, when they do not have a witness to testify on the evidence.

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