Gammo

Private Investigator?

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My son has retained a lawyer to do his bankruptcy. I'm his bookkeeper. The other day I got a call from a CA regarding one of his bills. He was a jerk and after he kept badgering me I told him to call the lawyer & gave the number.

A few minutes later he called back & said we never retained the lawyer, only had a consultation. I said that wasn't true that I had a cancelled check that proved it. He wanted me to fax him a copy which I wouldn't do. I told him I would have the lawyer call him. He said if he didn't hear from them by the end of the day he was sending a private investigator to watch my house and my son's house. He said if we hadn't done anything wrong why did we have to hide behind a lawyer. He kept making all kinds of demands & every time I said something he attacked. He kept trying to get info & I kept just repeating the lawyer's telephone number.

I called the lawyer's office & told them & gave them all his info & they were going to call him.

Yesterday he called my son's voice mail & left a message with the same story that the lawyer wasn't retained & wanted my son to call immediately.

Today he called my phone but left no message.

Even though I'm the bookkeeper, should he be contacting/harassing me?

Can they threaten a private investigator? (seems pretty stupid in today's world anyway & not too cost effective for a $3,000 debt).

My son has a tractor trailer & he wanted him to part out the truck, selling the parts on Ebay to pay his client-----what a whacko.

And he's not "allowed" to still have the truck or the business......

And we've never gotten anything in writing,

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I would have your son call them and tell them that he had retained counsel and that any and all inquiries be made to them.

If they call either one of you after that, I would head down to the courthouse post haste and file suit.

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Did the CA leave the "this is an attempt to collect a debt" spiel in the message left on your son's cell phone? If not, you have a violation.

Have you asked the attorney if the CA called him to confirm that the attorney was retained? If not, then the message left on your son's phone was deceptive. Another violation.

Did the attorney contact the CA before the CA called your son's cell? If so, then that might be another violation.

It doesn't matter how many times the CA violates. You put them all together in once action (lawsuit). Max damages are up to $1000. But, after a bk, any money can come in handy.

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Better yet file an OSC re: contempt with the bankruptcy court(federal judges) and the creditor could automatically lose.

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My son has retained a lawyer to do his bankruptcy. I'm his bookkeeper. The other day I got a call from a CA regarding one of his bills. He was a jerk and after he kept badgering me I told him to call the lawyer & gave the number.

A few minutes later he called back & said we never retained the lawyer, only had a consultation. FDCPA violation #1 - talking to you about your son's debts without authorization or permissible purpose. I said that wasn't true that I had a cancelled check that proved it. He wanted me to fax him a copy which I wouldn't do. I told him I would have the lawyer call him. He said if he didn't hear from them by the end of the day he was sending a private investigator to watch my house and my son's house. FDCPA violation #2 - making a threat he has no intention of carrying out. He said if we hadn't done anything wrong why did we have to hide behind a lawyer. He kept making all kinds of demands & every time I said something he attacked. He kept trying to get info & I kept just repeating the lawyer's telephone number.

I called the lawyer's office & told them & gave them all his info & they were going to call him.

Yesterday he called my son's voice mail & left a message with the same story that the lawyer wasn't retained & wanted my son to call immediately. FDCPA violation #3 - contacting debtor with knowledge the debtor is represented by a lawyer.

Today he called my phone but left no message.

Even though I'm the bookkeeper, should he be contacting/harassing me?No, and each time he does is another FDCPA violation.

Can they threaten a private investigator? (seems pretty stupid in today's world anyway & not too cost effective for a $3,000 debt).

My son has a tractor trailer & he wanted him to part out the truck, selling the parts on Ebay to pay his client-----what a whacko.

And he's not "allowed" to still have the truck or the business......

And we've never gotten anything in writing,

It looks like you have a cowboy collector just begging to fund your son's BK. Can they threaten hiring a Private Investigator? Yes - but if they fail to carry out that threat they violate FDCPA.

Who said your son is not allowed to have a truck or a business? The collector? Another FDCPA violation each time - false or misleading statements.

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If your son already filed BK, then I would not bother with the FDCPA. The BK laws are much tighter and do not limit statutory damages for failure to follow the automatic stay.

I would have your lawyer call them post haste and have a little discussion with this collector and if they continue calling, the lawyer should be able to put this pit bull back on its leash and shut him up.

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Until the BK is actually filed, there are no bankruptcy stay violations.

There is definately an FDCPA violation for continuing to call after being informed of retention of an attorney. It's also a definate violation to threaten to send someone to watch your house. Key word private investigator...ergo no police power...Just another citizen. So he threatened to hire someone to stalk you (nice).

I strongly suggest you get yourself an in-line tap from radio shack so you can hook up a recording device and get this numb-nuts on audio making these threats. You are not required to tell this bozo you are recording if the call is crossing state lines or if they are masking their origination using ID blocking. If it is point-to-point within the state you have to follow state rules unless they are blocking their caller id. You can record id blocked calls on the premise that it is an unknown source of a harassing call.

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Wow, you guys are great! I'm sure you all know what it feels like down here in the trenches and it sure is good to have all your help. These creeps work hard to make you feel like we're the worst people in the world for being in our position and like we're the only ones on earth.

We live in the middle of nowhere so is it possible to have the phone on speaker phone & record on a regular recorder? I know the quality wouldn't be great. Plus, I think the line taps are almost $100?

Sea Dragon: What's an OSC?

Flyingifr: Thanks a lot for pointing out specific violations.

I've been working all week on getting all the paperwork together to give to the lawyer (who's 70 miles away) and hopefully this part is finally done.

Thank you all very, very much.

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You can go to radio Shack or order from them on line. It cost about $20.00 for an in-line recorder box. Many years ago I used to work for them and sell the boxes. Guess they still have them. They will work on a cassette tape recorder.

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Thanks a lot! That's do-able!!!

You can go to radio Shack or order from them on line. It cost about $20.00 for an in-line recorder box. Many years ago I used to work for them and sell the boxes. Guess they still have them. They will work on a cassette tape recorder.

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You can go to radio Shack or order from them on line. It cost about $20.00 for an in-line recorder box. Many years ago I used to work for them and sell the boxes. Guess they still have them. They will work on a cassette tape recorder.

Anything around that will work on USB?

Update: I found a better one that records to an SD card without a need for a separate phone. Pricey, but looks to be the least hassle.

Edited by Torden

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Coltsfan1972 will be here soon he can smell a FDCPA violation 5 posts away.

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Did the CA leave the "this is an attempt to collect a debt" spiel in the message left on your son's cell phone? If not, you have a violation.

Have you asked the attorney if the CA called him to confirm that the attorney was retained? If not, then the message left on your son's phone was deceptive. Another violation.

Did the attorney contact the CA before the CA called your son's cell? If so, then that might be another violation.

It doesn't matter how many times the CA violates. You put them all together in once action (lawsuit). Max damages are up to $1000. But, after a bk, any money can come in handy.

Actually these would not fall under the fdcpa ,,it would fall under the bankruptcy laws.

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Did the CA leave the "this is an attempt to collect a debt" spiel in the message left on your son's cell phone? If not, you have a violation.

Have you asked the attorney if the CA called him to confirm that the attorney was retained? If not, then the message left on your son's phone was deceptive. Another violation.

Did the attorney contact the CA before the CA called your son's cell? If so, then that might be another violation.

Yes, he did tell my son on the voice mail that he was calling to collect money owed XXXX XXXX XXXX, his client & that he talked with me & contacted the lawyer & he claimed that the lawyer's office told him that we had not decided on a course of action and that & that we hadn't retained them & only had a consultation. I haven't had a chance to verify the dates and times to see if that was after the lawyer's office contacted him to verify that we retained them. Anyway, he said since my son was still operating the business that they were demanding payment & for my son to call him immediately to "discuss terms"

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Actually these would not fall under the fdcpa ,,it would fall under the bankruptcy laws.

AND under FDCPA because by attempting to collect where a BK Automatic Stay is in place they are misrepresenting the legal nature of the debt (that they are allowed to collect it from the debtor)

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Wow, you guys are great! I'm sure you all know what it feels like down here in the trenches and it sure is good to have all your help. These creeps work hard to make you feel like we're the worst people in the world for being in our position and like we're the only ones on earth.

We live in the middle of nowhere so is it possible to have the phone on speaker phone & record on a regular recorder? I know the quality wouldn't be great. Plus, I think the line taps are almost $100?

Sea Dragon: What's an OSC?

Flyingifr: Thanks a lot for pointing out specific violations.

I've been working all week on getting all the paperwork together to give to the lawyer (who's 70 miles away) and hopefully this part is finally done.

Thank you all very, very much.

Order to Show Cause

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Ok, the "cowboy" is continuing to call my son. Now he's using a different tel # so my son picked up and it's more of the same--lies, threats, misinformation, etc., etc. So I guess it's time to take him on! I see a lot in the info section here about the different violations but I'm lost as to where to start. Is there somewhere on the site that kind of takes you step by step on how to sue the creep ourselves?

Thee's someone also calling my house and all it says is "Unknown Caller" and it doesn't even give a number on the ID. I called the phone company & there's nothing they can do unless I pay to put traces on it. Pay pay pay, why do we have to pay even more to defend ourselves from creeps. I don't know if it's the same guy or another one so I'm just ignoring the call for now. They've started calling 6 times a day but they start at 8 AM and stop at 9 PM. They started on June 27 and now they're stepping up the number of calls per day. I reported this to the FTC but what can anyone do when they're totally anonymous?

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Is the guy's name Christopher Ganter?

Or HP Investigations ?

Edited by 1stStep

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Gammo,

Most phone companies allow you to block calls from an unknown caller. Ask your phone company to add this block, and these calls will stop - at least from any anonymous party. Then you'll be able to track all calls that come in and handle appropriately.

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Is the guy's name Christopher Ganter?

Or HP Investigations ?

I don't have my records with me but his name was Christopher Cox. He's with Coface Collections. From what I've researched they are notorious for this kind of thing.

They also use different numbers (I've found @ least 3 different numbers.) They're based in Louisiana. They're aka Jefferson Law Office (same address and phone) and were also formerly known as Newtown & Associates.

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Gammo,

Most phone companies allow you to block calls from an unknown caller. Ask your phone company to add this block, and these calls will stop - at least from any anonymous party. Then you'll be able to track all calls that come in and handle appropriately.

Thanks for your suggestion. I called the phone company yesterday & was told the only thing I could do was pay for traces to find out who it is & then report it to the police after 2 or more traces.

I looked in the phone book today about blocking & there was a "security" number to call (apparently on the weekend it's more like an answering service) But she did ask if I had "Anonymous Call Rejection" which I do, but too bad they don't tell you you have to turn in on--DUH. So, you dial *77 and bingo--it's activated! I'll have to see if this works, the last call was an hour ago & going by their pattern I'm due to get at least 2 more calls today!

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well, the Anonymous Call Rejection activation didn't work, I just got another call.......

make that 2 more calls....total of 6 for today so far

Edited by Gammo

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Just to update. The calls have been continuing 7 days/week, every 2 hours for months. I finally picked up & a human eventually picked up & they asked for my son. I said there's no one here by that name. She asked if he lived here & I said no. So then she said "this call is being recorded". I said "Good--then you can tell me who you are and what gives you the right to harass a person 7 days/week.

She said IF he doesn't live here then she can't talk to me because it's a personal matter. I said well this is my phone you've been calling and my life you've been ruining so I darn well have a right to know who you are. I've already filed a complaint with the FTC & it's being investigated. Do you want to make it worse?

She finally said it was Capital One. She would take me off the list. My son said they've already been calling him anyway. I don't know who they think they were calling. Since I answered as if it was a residence that may be why they asked if he lived here but I do his books & I think they were calling his business number.

Anyway, I hope I have my life back--1 down, 6 more to go........:oops:

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If they were ALSO calling your son at HIS phone, then this is clearly a case of harassment, NOT an legit attempt to get contact information. This is harassment of YOU and YOU could have a cause to sue them for an FDCPA violation. Your SON MAY have a cause as well. Collaborate to find out what times they called each of you and see how much time elapsed between their FIRST call to him, and their LAST call to you.

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