Jump to content

Letter to send to CA when they won't stop calling


cheyenne52883
 Share

Recommended Posts

I have a collection agency that won't call and won't DV.

I sent them an email to DV (I know it was not the best approach but they received it since the called me about it) they claimed they send the forms before 9/14 (when they called), I told them not to call me at that point (9/14).

They called again on 9/27 and I told them I needed DV and not to call me again and since I already advised them of this, I would take legal action the next time the called.

Now they just called AGAIN. Still no DV and now I am REALLY fed up.

Once upon a time I remember seeing a letter saying basically "you violated FDCPA this many times which means I can sue you for X number of dollars and here is the court document I am prepared to file unless you want to settle."

Anyone know where that letter is or can draft me up a quick one to send?

Link to comment
Share on other sites

Can you prove that a rep at their agency received your email? Did you get delivery confirmation and read confirmation?

If not, it means nothing. You need to send them a full c and D via certified with return receipt or priority with sig required.. even fed ex sig required.

They call you after they get that letter. Then you have a legitimate case for a suit. Right now it's just you saying I sent it.. Then them saying. We never got it... Perhaps our spam filters got it???

Link to comment
Share on other sites

Can you prove that a rep at their agency received your email? Did you get delivery confirmation and read confirmation?

Other than the fact they said "We are calling because you made a request for more info on this debt" I don't have anything...

Now they have my voicemail message stating that they are not to call but that's it. Guess I will start over with a letter. Is email with the reciepts something that would work?

Link to comment
Share on other sites

I DV'd BEFORE they contacted me.. I saw this debt on the credit report and DV'd and then they called.

They have NEVER sent me a letter.

If the debt is still within the SOL, you could send them a letter telling them to stop calling and contact you in writing only. The fact that they have an entry on your CR and have called you, but never sent a letter informing you of your rights is an FDCPA violation.

Technically, the DV letter would be sent during the first 30 days after the CA's first contact with you. At that point, the CA would not be allowed to attempt collection until the debt is validated. You made a preemptive strike by sending the letter when you saw the entry on your CR.

If the debt is outside the SOL, send them a letter disputing the debt and to never contact you again. Make it short and to the point.

Whatever you do, keep a record of all their calls. Are they calling your cell? Does their number show up when they call?

Link to comment
Share on other sites

If the debt is outside the SOL, send them a letter disputing the debt and to never contact you again. Make it short and to the point.

There is some dispute on this... Since we don't have an exact date since they never sent us anything I am not sure if it is out of SOL.

Also there is the fact that this is a debt supposedly owed to a private college. This is NOT a student loan. This is a college claiming my husband owes back tuition. From my understanding since it is a private college and not a loan it is basically the same as a unsecured personal loan.

Whatever you do, keep a record of all their calls. Are they calling your cell? Does their number show up when they call?

It is a cellphone and it records a number everytime they call.

I also have the issue that it's my husband's debt from and they are discussing details with me. Is that a violation as well?

Link to comment
Share on other sites

There is some dispute on this... Since we don't have an exact date since they never sent us anything I am not sure if it is out of SOL.

Also there is the fact that this is a debt supposedly owed to a private college. This is NOT a student loan. This is a college claiming my husband owes back tuition. From my understanding since it is a private college and not a loan it is basically the same as a unsecured personal loan.

It is a cellphone and it records a number everytime they call.

I also have the issue that it's my husband's debt from and they are discussing details with me. Is that a violation as well?

No, it's not a violation for them to call you concerning your husband's debt. If they were to call other family members, yes.

When you send your letter, inform them they are calling a cell phone and do not have permission to do so. Technically, you don't have to inform them of this because I'm sure you never gave your cell number to the college. But it's still good to have it in writing that the CA does not have permission to call your cell.

Here's a couple of suggestions if they continue to call after you know they've gotten your letter. If their number shows up on your phone bill, keep the bills. If it doesn't, take pictures of the numbers in your call log to show how many times they're calling.

If they leave messages, save them. Even if the messages comply with FDCPA by stating they're a debt collector, those messages prove the company called after being told to stop.

If they leave any pre-recorded messages on your cell, that's a TCPA violation, because such calls are not allowed to cell phones when they don't have the caller's permission to call the number. That's why it's a good idea to state in your letter that they don't have permission to call your cell.

Link to comment
Share on other sites

IF they admit to not sending you validation. The argument completely goes out the window if they lie and say they did send validation when they first received the account.

The system does not require they provide proof they send validation. In fact, it's assumed they did. NOT RIGHT!!!

If the debt is still within the SOL, you could send them a letter telling them to stop calling and contact you in writing only. The fact that they have an entry on your CR and have called you, but never sent a letter informing you of your rights is an FDCPA violation.

Technically, the DV letter would be sent during the first 30 days after the CA's first contact with you. At that point, the CA would not be allowed to attempt collection until the debt is validated. You made a preemptive strike by sending the letter when you saw the entry on your CR.

If the debt is outside the SOL, send them a letter disputing the debt and to never contact you again. Make it short and to the point.

Whatever you do, keep a record of all their calls. Are they calling your cell? Does their number show up when they call?

Link to comment
Share on other sites

IF they admit to not sending you validation. The argument completely goes out the window if they lie and say they did send validation when they first received the account.

The system does not require they provide proof they send validation. In fact, it's assumed they did. NOT RIGHT!!!

That's very true. BUT, if they commit other violations such as calling after receiving a letter to cease calls, or leaving prerecorded messages, they establish a pattern of willful disregard for the law. The OP's claim of not receiving the 30 day notice would be much more believable than the CA's claim of a letter sent.

Link to comment
Share on other sites

I have a collection agency that won't call and won't DV.

I sent them an email to DV (I know it was not the best approach but they received it since the called me about it) they claimed they send the forms before 9/14 (when they called), I told them not to call me at that point (9/14).

They called again on 9/27 and I told them I needed DV and not to call me again and since I already advised them of this, I would take legal action the next time the called.

Now they just called AGAIN. Still no DV and now I am REALLY fed up.

Once upon a time I remember seeing a letter saying basically "you violated FDCPA this many times which means I can sue you for X number of dollars and here is the court document I am prepared to file unless you want to settle."

Anyone know where that letter is or can draft me up a quick one to send?

If it's the phone calls that bother you, have you considered simply not answering/taking their calls?

If you are looking for violations to base a suit on you are going to have to do a much better job of documenting/gather evidence to support any potential litigation.

Link to comment
Share on other sites

That's why it's a good idea to state in your letter that they don't have permission to call your cell.

It also turns the violation into a wilful violation because you gave them advance notice not only to call but not to call you on your cell phone. It makes it a possible max fine of 500.00 to 1500.00.

Your not required to warn them it's your cell phone, but I agree a good idea so they can be on notice and get hit with a wilful violation.

Link to comment
Share on other sites

It also turns the violation into a wilful violation because you gave them advance notice not only to call but not to call you on your cell phone. It makes it a possible max fine of 500.00 to 1500.00.

Your not required to warn them it's your cell phone, but I agree a good idea so they can be on notice and get hit with a wilful violation.

I think it's a possibility calls could be considered willful even if you don't inform the CA that they're calling a cell phone. The OP stated the loan was a private loan for tuition and belonged to her husband. Unless she was married to him at the time, I doubt she gave her cell number to the college. Therefore, the CA found her number and know they're calling a cell phone...especially when it goes to voice mail.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.