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Get a recorder from Radio Shack and record everything. Better yet, tell them you would have them send everything in writing that all calls are inconvenient. Make sure you send it CMRRR. They have five days from their first call to send you a dunning letter, other wise, you may have another violation against them.

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Then I will mark your account down as willful avoidance of payment and you will be reported to the CRA's"....

That's laughable.

You should tell them, "Absolutely - it IS willful avoidance!"

Who would pay a bill unless you knew what it was, to someone over the phone. Tell them to mark it down any way they want. A simple scare tactic because it sounds ominous.

And yes, a 1692e violation.

Also, as already stated, they have 5 days to send you another letter. Of course, they will have NO recollection of that first phone call to you btw. Keep good notes, and send everything CMRRR.

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Also - is there a number of limits CA can call you per the FDCPA? I know that they cant call you before 8am and after 9pm, but I was sure that I read somewhere that they could not call you more than 2 - 3 times per week.

I looked this company up last night and they have been sued 22 times because of FDCPA violations.

No there isn't any sort of limit as to the number of times a CA can call you under the FDCPA- it may be different under state law...I sued one for calling me 2 times an hour apart - because I felt harassed.

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No there isn't any sort of limit as to the number of times a CA can call you under the FDCPA- it may be different under state law...I sued one for calling me 2 times an hour apart - because I felt harassed.

Just what I needed to know. Thanks!

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Thanks 1stStep and RockDaddy :)

I spoke with the OC and got it all straightened out and was told that we can deal directly with them.

At this point do we just send them a C&D letter by CMRRR? What do we say in the mean time when they call?

I also doubt they will send the letter they are supposed to because their response was when I requested it was..."It can take 30-45 days"...

I am keeping very detailed notes....mama needs a house! ;)

Poppet,

Have you pulled your CR yet? Is this debt on there? Make sure that if you pay the OC that they will delete it if it is. You need that *in writing* if you intend to pay them.

30-45 days if you asked them for VOD. Of course, that will never come, neither will the dunning letter from their first contact. Best to write directly to them, informing them of the date of first contact. C&D.

If you want to have fun with the CA, next time they call, tell them that whoever they called for is 'out' but that you're a guest from out of town and have their cell phone number and then give it to them. IF they then call the cell phone number, you've got them on TCPA violations, as it is illegal for the CA to call a cell phone EVER, for whatever reason.

Each violation is worth $500, but if you can prove intent, it's triple - $1500. And that's for *each* and every call they make to you, stackable damages!

Just start stacking up the violations and nail them all at once!

Edited by RockDaddy
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Poppet,

Have you pulled your CR yet? Is this debt on there? Make sure that if you pay the OC that they will delete it if it is. You need that *in writing* if you intend to pay them.

30-45 days if you asked them for VOD. Of course, that will never come, neither will the dunning letter from their first contact. Best to write directly to them, informing them of the date of first contact. C&D.

If you want to have fun with the CA, next time they call, tell them that whoever they called for is 'out' but that you're a guest from out of town and have their cell phone number and then give it to them. IF they then call the cell phone number, you've got them on TCPA violations, as it is illegal for the CA to call a cell phone EVER, for whatever reason.

Each violation is worth $500, but if you can prove intent, it's triple - $1500. And that's for *each* and every call they make to you, stackable damages!

Just start stacking up the violations and nail them all at once!

To clarify my above post;

I am assuming that the CA is using an auto-dialer to call you with. The way you know is if it takes a couple seconds to 'connect' after you've said hello. Make sure you start recording the call, 'before' you pick up the phone.

Also, if you've given the CA permission to call you on your cell phone, you just need to rescind that permission. Then, as they tend to ignore things like that, you'll get them on violations.

Just make sure you tell them that it's no longer convenient for them to call you on your cell phone. Have hubby do the same thing. Record it. Your phone records may not be enough, as if you took them to court, your records can't testify and will be stricken as 'hearsay' unless you have a phone company employee there to testify for you. Your own recordings - you can attest to their authenticity.

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Some snippets:

He tells them that we are going are paying directly with the OC and not to call again.

.

.

He tells her that we are dealing with the OC...

He tells her not to call his cell phone anymore...

I try and be nice and tell he that we have already made arrangements with the OC...

I again tell her that it has been taken care of it and to not call us on our cell phones anymore.

YOU NEED TO PUT IT IN WRITING!!!!

Sorry for shouting.

Seriously, one letter, telling them that you are going to resolve this with the OC and they are not to contact you again will put an end to it, and a letter is the only thing guaranteed to work.

Good luck.

DH

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Poppet24,

Think of this experience as an opportunity.

Once your CMRRR letter, telling them not to call your cell phones is signed for, just sit back and wait for their inevitable calls to your cell phones.

They obviously have a habit of violating the law, continuously.

Just make sure you are *absolutely* ready by recording their calls to your cell phone. Make sure you let them talk too... let them go in to their rant, then ask if you can ask one small question, (so they will shut up for a second), then say, "Do you realize that you have AGAIN called my cell phone?" Then of course, they may hang up, they may not.

But then you've got them on a violation. Probably more too...

Just hope it's an auto-dialer and you're be in the $$$

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