Still calling after DV and C&D letter.

[aj78]

I sent a DV along with a C&D letter, it was received on 03-29-12 and as of 4-3-12 Professional placement services is still calling. They called twice on 3-30 and twice again 4-3. They have not sent anything to validate the debt they say I owe. I am keeping track of the calls. From everything that I have read, they are in violation.. Just wondering what my next step should be?

Thank you in advance for your time!

[legaleagle]

Just document everything, study the FDCPA, and maybe file a nice lawsuit against them.

[BV80]

I sent a DV along with a C&D letter, it was received on 03-29-12 and as of 4-3-12 Professional placement services is still calling. They called twice on 3-30 and twice again 4-3. They have not sent anything to validate the debt they say I owe. I am keeping track of the calls. From everything that I have read, they are in violation.. Just wondering what my next step should be?

Thank you in advance for your time!

Did you send your DV request within 30 days after their first communication with you? If your DV request was sent after that 30 days, they didn't have to respond to your DV and could still call.

[Coltfan1972]

Did you send your DV request within 30 days after their first communication with you? If your DV request was sent after that 30 days, they didn't have to respond to your DV and could still call.

The OP said they included a C&D. A C&D can be invoked at anytime and the collector has to honor it. They don't have to provide DV after the 30 days, but they must honor the C&D.

OP,

If you have proof they received your C&D, congratulations. Let them call all they want and record them calling. Then you have a slam dunk lawsuit. It is so slam dunk you would probably get an atty to take it with nothing up front if you did not want to do it yourself.

[BV80]

The OP said they included a C&D. A C&D can be invoked at anytime and the collector has to honor it. They don't have to provide DV after the 30 days, but they must honor the C&D.

OP,

If you have proof they received your C&D, congratulations. Let them call all they want and record them calling. Then you have a slam dunk lawsuit. It is so slam dunk you would probably get an atty to take it with nothing up front if you did not want to do it yourself.

<sigh> One of those days again.

[RockDaddy]

I sent a DV along with a C&D letter, it was received on 03-29-12 and as of 4-3-12 Professional placement services is still calling. They called twice on 3-30 and twice again 4-3. They have not sent anything to validate the debt they say I owe. I am keeping track of the calls. From everything that I have read, they are in violation.. Just wondering what my next step should be?

Thank you in advance for your time!

Hopefully you sent your letter CMRRR.

Now - buy a recorder and tape your calls... and as Colt said, you'll have a dunk and a slam against them.

[aj78]

I did send it CMRRR. It was received by them March 29th. They made calls March 30th and again April 3rd... I think its time to record the calls!..

[willingtocope]

Did you actually talk with them, or was it just voice mail?

Even after a C&D, they are allowed one more voice-to-voice phone call to tell you what they plan...

[aj78]

Did you actually talk with them, or was it just voice mail?

Even after a C&D, they are allowed one more voice-to-voice phone call to tell you what they plan...

I did not answer. In the letter that was sent, it is stated that all future communications must be done in writing.

[1stStep]

They allowed 1 final call after you send a C&D letter.

[Coltfan1972]

They are allowed one more call, however, I think the subject matter of the call is still limited to them telling you what they are going to do since they got your letter, and/or what special remedy they are going to invoke.

I don't think they are allowed one more "collection call." I think the called would have to be, okay we're closing the file, passing it to an attorney for suit, or we just filed a lawsuit against you and the case number is XXXX.

I don't think the final call can just be one last attempt at collecting.

[willingtocope]

Agreed. But the point is, the FDCPA does permit them one more voice-to-voice. If they try to collect during that call...or intimidate you...or otherwise violate the FDCPA, and you get it on tape, you do have VERY WEAK grounds for an FDCPA violation suit.

And, the "all calls are inconvient" phrase isn't really included in the FDCPA. Your choices are "don't call me at work" or "don't call me at all" which is basically a C&D.

[admin]

You've made a pretty common mistake.

When you send a C&D letter, basically, you tell them to cease ALL contact. This means you can't tell them to restrict contact to writing, only at home, or whatever. If you specify the circumstance of non-contact, you are voiding your request.

Your letter should say that you want them to stop all contact with you, period. Even with such a letter sent, they still have the right under the FDCPA to inform you that they are canceling their collection activities and they can still take you to court.

[Coltfan1972]

You've made a pretty common mistake.

When you send a C&D letter, basically, you tell them to cease ALL contact. This means you can't tell them to restrict contact to writing, only at home, or whatever. If you specify the circumstance of non-contact, you are voiding your request.

I see you post this quite often. While I'm not saying you're incorrect, do you have a case or law that this statement is based?

I'm not a fan of the C&D and don't use it, but I've always been curious when I see you post this about C&D.

I can see where you might be relying on the definition of "communication" which is:

The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

Then under ceasing communications says this- 805. Communication in connection with debt collection, Without the prior consent of the consumer given directly to the debt collector

Are you saying that since communication is defined as any medium, one can't pick and choose which medium to restrict, even though the next section talks about "unless the consumer gives consent"

Is your statement based on the fact a consumer can't give consent because the term communication is defined, therefore, the consumer can't insert their own definition of what communication is?