Creditor Harassment...

[momof2boys]

Im wondering what me and my husband can do about creditor harassment. We are going to retain a lawyer by the end of next week sometime. We have several lawyers we are doing consultations with before we decide. We wont be filing until Janaury probably though, they all call alot, and we just let are voicemail get it, but theres one creditor in particular(from a payday loan..hes from their corporate office) who keeps calling my husbands work and are home. I talked to him yesterday after he called my MOTHER-IN_LAW..telling her he hasnt got in contact with us. Im assuming he got her number from are references we filled out in the beginning. I was pretty upset about that since my mother-in-law doesnt know whats going on now. I told him we will be retaining a lawyer soon to file bankruptcy and he said " his company does not accept that" and that he will be letting his legal department know...but we need to pay off the loan in full before we file...what a joke right?! LOL So he damanded to talk with my husband who was at his second job yesterday...i told him he was at work, he said, he just called his work and he wasnt there, so i said his second job...and he asked where that was at..and i told him i would not give him that information. I told him he doesnt scare me and when we get a lawyer by next week we will be giving him his name and number. He then told me" Im not trying to scare you, but i could scare you if you want" LOL I told him he can say all he wants, we can not give his company any payment..and he then said he will be calling my husbands work Monday and speaking to someone from there and hung up. My husband is in the Airforce, there has been other creditors who have called his work but theres basically nothing anyone can do...they arent giving the company money for us and my husband has not got in trouble but its still embarrasing. If we tell him to stop calling his work...by law does he have to? Also once we retain a lawyer, will the calls stop? What can they do as far as garnishing wages once we retain a lawyer? Thanks so much.

[arkienurse]

mom, go to this site,

http://www.debt-n-credit-letters.com/#CreditorDisputes

at the very top of the list is a sample letter to stop collection calls. Adjust it to your needs and send it to the creeps. By law, if you tell them to stop contacting you, they have to stop contacting you. They can be fined if they don't.

[CPO]

Here's trick they may help until you get that "cease & desist" letter to this creditor via CRR mail ASAP.

The next time the creditor calls, interrupt the representative long enough to get some info...maybe an address, or get them to repeat their name or something...

Anything that would suggest that you maybe recording the call and need a clearer voice recording...

Then mention that the call is being recorded, and that your caller I.D has captured the number. You want them thinking they have been I.D.'d

They may give you some B.S. about you need permission to record calls before you do so, but that's crap. Recordings need release in some jurisdictions if they are to be used in a judicial proceeding, but anybody can record anything they want for their own use...

...picture the ubiquitous answering machine...

(If he calls your husband at work, on the base, have him recite the standard bleep that personal information cannot be revealed about military members or unit movements, and that this call has been traced and recorded per standard operational procedures.
Even if it has not....used to be standard procedure when I worked COMSEC, but I don't know what they do now...I retired from active duty some time ago).

When they finish their response, (or perhaps dumb silence) demand they stop calling you at work...as per the FDCPA.

Just say it that quick....takes half a second.

Sometimes they try to talk over you.

So, say it quick.

They have been informed.

If its the original creditor, they don't have to comply, but many do.

If it's third party, and they call again, you have a FDCPA claim and can earn some money IF YOU CAN GATHER EVIDENCE OF THEIR CONTINUED CALLING...

Such as witnesses or recordings. (Many settle claims from debtor attorney's by matching contact calls logged by collector phone systems with the date, time, and numbers that are claimed by debtors. Call content may not even matter and they will settle for a couple of grand...enough to pay your lawyer...
It's better to have recordings, or accurate transcriptions of calls if you end up in front of a judge, but most claims don't get that far).

I know it's a hassle, and your going to have to think on your feet, but you want these people to understand that you may be setting them up for a lawsuit.

Many get it, some are too stupid to get it and a few don't care..

Your looking for the many.

Meanwhile, get that "cease & desist" letter in the mail first thing tomorrow morning...

First thing...

CPO

[momof2boys]

Thanks so much, I looked through that website, this is the letter I should send right?

http://www.debt-n-credit-letters.com/Debt-Dispute/stop-calling-letter.html

Im going to send it as soon as we get an address from this creditor. im wondering if he will give it to us....

[dscurlock]

Thanks so much, I looked through that website, this is the letter I should send right?

http://www.debt-n-credit-letters.com/Debt-Dispute/stop-calling-letter.html

Im going to send it as soon as we get an address from this creditor. im wondering if he will give it to us....

dont feel bad, i get the same crap, these credtiors think women are stupid, so they go straight for the man...for some reason they think he will make a difference, my wife has gotten calls, "Let me talk to your husband" my wife will set them
straight, she will tell them she is the man in the family and you are talking to the husband....then sometimes she will ask the collector for a loan for the debt.

[CPO]

Thanks so much, I looked through that website, this is the letter I should send right?

http://www.debt-n-credit-letters.com/Debt-Dispute/stop-calling-letter.html

Im going to send it as soon as we get an address from this creditor. im wondering if he will give it to us....

That letter should work for you. You can modify it you wish.

You may wish to allow them to contact you via the mail only, or whatever.

I've never heard of any contact by a collector working out for the better for debtors, but perhaps there could be a situation where negotiation via the mail is okay...

Not saying its good, just leaving the door open for others to comment.

You can research using the internet to find the contact information...

Google Bud Hibbs, he has alot of good info but I think he's abit over the top...

That's just me. But, he does have good contact info.

Also, this site is always interesting:

http://www.debtconsolidationcare.com/collection-agencies/index.html

Don't worry too much if they really won't talk to you. Once they figure out what your doing, they may even hang up.

Send the letter anyway, and make sure you get out the fact that you want them to stop calling...

Good Luck,

CPO

[jennyn]

Let me know which payday loan co if you can't track down the address. I included 4 in my bankruptcy. One in particular were really a pain in the a**. Rather clever, I must say though, they sent me a online greeting card which I opened, not imagining it would be from a collector.

[Cassiopeia]

Let me know which payday loan co if you can't track down the address. I included 4 in my bankruptcy. One in particular were really a pain in the a**. Rather clever, I must say though, they sent me a online greeting card which I opened, not imagining it would be from a collector.

Sent you an e-greeting? Wow.

[jennyn]

Yeah, it said something like. We've been leaving messages it's urgent that you call us! It freaked me out at first, but as I thing about it, it's kinda funny!

[treehugger1]

First Rule for payday loans. If they are online, check with your state attorney general's office or consumer finance division to see if they are required to be licensed/registered in your state. If not, file a compaint and ask that the issue be addressed as soon as possible. This might help you out. Keep in mind that the state AG's office will not represent you in a legal situation, or offer legal advice, but then can and generally will go after companies operating illegally in your state.

[CindyLou]

Amex sent me a BIRTHDAY CARD in the mail!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! It was a settlement offer, but it was a real actual BIRTHDAY CARD ON MY BIRTHDAY!!!!!!

[Des10a]

We avoided Collection Calls and they were calling like 50 times a day(seriously, had it logged on caller id). Then they called my father-in-law and all of our neighbors!!!! YIKES!!! Then I used that letter that was posted and it slowed them down, so I would recommend it...I made sure I told them in the letter my contact information including phone and address so they have no further need to contact 3rd parties and I said was not allowed to receive phone calls at work.

Just met with our lawyer on Tuesday and he told us to give them his name and phone number and tell them we are filing, so after Tuesday we began to answer the phone....I couldn't believe how fast they got off the phone with me and all calls have stopped?! Weird! Its almost too quiet. My husband answered the phone today with the Lawyers card in hand and it was one of our credit cards solicitating for Idenity Theft Protection on our account?! Needless to say we declined!

[momof2boys]

Ok so this guy called my husbands work today...my husband answered and told him he can not wokr anything out as we are fixing to to retain a lawyer and file for bankruptcy. He told him he needs to quit calling his work and if he has are contact information at home theres no need to be calling at work. The guy tried to ask for my husbands commanding officers number which my husband didnt give him...the guy hung up on him. So my husband went to lunch and i guess the guy called his work at lunch and spoke to his supervisor. He tried to get the commanding officers number and his supervisor didnt give it. So he hung up...Im wondering if i should call this guy back myself and inform we know are rights and he is harrasing us and breaking the law by continuing to call even after we are letting him know what are plans are in regards to this account and filing for bankruptcy. We also dont have his address, my husband asked for it and thats about the time the guy hung up. We tried looking up the corporate office to Fastbucks Payday loan online and cant seem to find it. I do have the guys name though..his name is Rudy Campos and he is calling from their corporate office. I cant beleive the nerve of this guy to call back his work after my husband told him not to call.....ridiculous!

[GoingDown]

Here's trick they may help until you get that "cease & desist" letter to this creditor via CRR mail ASAP.

The next time the creditor calls, interrupt the representative long enough to get some info...maybe an address, or get them to repeat their name or something...

Anything that would suggest that you maybe recording the call and need a clearer voice recording...

Then mention that the call is being recorded, and that your caller I.D has captured the number. You want them thinking they have been I.D.'d

They may give you some B.S. about you need permission to record calls before you do so, but that's crap. Recordings need release in some jurisdictions if they are to be used in a judicial proceeding, but anybody can record anything they want for their own use...

...picture the ubiquitous answering machine...

(If he calls your husband at work, on the base, have him recite the standard bleep that personal information cannot be revealed about military members or unit movements, and that this call has been traced and recorded per standard operational procedures.
Even if it has not....used to be standard procedure when I worked COMSEC, but I don't know what they do now...I retired from active duty some time ago).

When they finish their response, (or perhaps dumb silence) demand they stop calling you at work...as per the FDCPA.

Just say it that quick....takes half a second.

Sometimes they try to talk over you.

So, say it quick.

They have been informed.

If its the original creditor, they don't have to comply, but many do.

If it's third party, and they call again, you have a FDCPA claim and can earn some money IF YOU CAN GATHER EVIDENCE OF THEIR CONTINUED CALLING...

Such as witnesses or recordings. (Many settle claims from debtor attorney's by matching contact calls logged by collector phone systems with the date, time, and numbers that are claimed by debtors. Call content may not even matter and they will settle for a couple of grand...enough to pay your lawyer...
It's better to have recordings, or accurate transcriptions of calls if you end up in front of a judge, but most claims don't get that far).

I know it's a hassle, and your going to have to think on your feet, but you want these people to understand that you may be setting them up for a lawsuit.

Many get it, some are too stupid to get it and a few don't care..

Your looking for the many.

Meanwhile, get that "cease & desist" letter in the mail first thing tomorrow morning...

First thing...

CPO

This is very true. Collection agencies, etc., hate to be tape recorded. They know that their most effective techniques to get a debtor to pay them are a violation of the Fair Debt Collection Practices Act, and they don't want you to get evidence against them on tape.

[qwertysue]

We also dont have his address, my husband asked for it and thats about the time the guy hung up. We tried looking up the corporate office to Fastbucks Payday loan online and cant seem to find it. I do have the guys name though..his name is Rudy Campos and he is calling from their corporate office. I cant beleive the nerve of this guy to call back his work after my husband told him not to call.....ridiculous!

It's not fastbucks.com ? Their corporate is in NM: All aspects and transactions on this site, will be deemed to have taken place in our office in New Mexico, regardless of where you may be viewing or accessing this site.