Questions about debt collectors practices!

[lookingforward]

I just received a call from someone I know slightly...they were a customer of ours for one job several years ago. Also, my husband knows her husband, but not that well. We have the same last name. It would sound uncommon to you, but in this town about 20% of people have this same last name, and obviously, I'm not related to all of them.

Phillips and Cohen called these people and left a message on their machine stating that legal action would be taken by the 4th if we do not reply, against my husband and his business.

So she calls me just now at the business, relates the message and gives me the number and ext to call.

I called them, got one of the usual horrible women on the phone, told her I was recording the call and she won't agree to be recorded. I explain the situation and she tells me that they will call anyone they think might be related to the debtor.

Am I wrong in thinking they're violating the FDCPA by leaving such a detailed message? Isn't that discussing my debt with someone else? When she asked me to give her my husband's ss#, I told her she had rocks in her head if she thought I was gonna give her my husbands ss#. She said "Then this call is over" and hung up.

[StartingOver08]

Yes, that is a violation.
They are allowed to contact others to LOCATE you only - not if they know where you are already. They can NOT discuss your debt with a third party - that is a violation.

It is a common violation ...send them a letter making sure they have your info to contact you directly (phone and address) or better yet, tell them they have to communicate with you in writing only.

Have you retained an attorney yet to file BK? If so, you can provide the attorney's name and number. Most attorney's will take CA's calls until you file.

[treehugger1]

Send them a clear cease and desist telphone communications letter. As already mentioned give them a clear avenue of contact via USPS mail. If they continue to disregard the FDCPA, then se if you can find an attorney willing to take your case. Make sure you have several violations and perfect records.

[lookingforward]

Well, I called my newly hired bankruptcy atty yesterday afternoon and they called the ca to inform them that any contact should be made to their office. I haven't talked to the atty office since to find out how the call went.
But that was SO GREAT! I wonder if they'll listen or keep calling random people and leaving detailed msgs about suing us.

[sassiebaz]

Chrysler just called my Dad and they told him they didn't have a good number for me. But, they leave messages for me everyday, I just never return their calls. Im about 30 days late for about the last 4 months or so. Are they allowed to contact my family consistently? Can my Dad ask them not to call again?

[treehugger1]

BB, Your comments related to FDCPA C&D are on target.

"I am instructing you not to contact any third parties since you have my current address. In addition, you may not contact me by email or phone in any manner, at any phone number about this account, as it is inconvenient for me to receive phone calls from 8:00 AM to 9:00 PM seven days a week. All future correspondence shall be sent to me in writing via United States Postal Service at the above listed address."

The language you posted is nearly identical to what I use.

[Bell30656]

Myself, I just answer the phone. If you duck the calls, they start calling everyone you know, knew or might now trying to locate you. FDCPA says they have to be nice... However, it doesn't say that I have to be.

[Trixie007]

Myself, I just answer the phone. If you duck the calls, they start calling everyone you know, knew or might now trying to locate you. FDCPA says they have to be nice... However, it doesn't say that I have to be.

That won't always help you, I talked to BofA every 2-3 weeks and they still threatened to call my old pastor.

[BigJohn]

That won't always help you, I talked to BofA every 2-3 weeks and they still threatened to call my old pastor.

Maybe I should dig up the phone number of my old pastor [LOL].

[Bell30656]

You could always ask, "Why are you going to call someone when you have my correct information. Do you understand that this is a clear violation of the FDCPA and due to Georgia being a one party recording state, that I MAY record these conversations without your permission?"

Of course, if it is the actual bank calling you and not a collection agency they are not bound by the FDCPA. Wasn't it nice of them to lobby so heavily to avoid getting included in the law? Now some states make them comply but other do not.

[BigJohn]

You could always ask, "Why are you going to call someone when you have my correct information. Do you understand that this is a clear violation of the FDCPA and due to Georgia being a one party recording state, that I MAY record these conversations without your permission?"

Of course, if it is the actual bank calling you and not a collection agency they are not bound by the FDCPA. Wasn't it nice of them to lobby so heavily to avoid getting included in the law? Now some states make them comply but other do not.

If they keep calling, just to harrassess you, you can try for an injunction for harrassment.

[Bell30656]

Injunctions are a pain in the tail... besides I rate the collection calls on entertainment value. I've actually critiqued a few of the agents when they call me. I told one that she wouldn't make a pimple on a real collection agents tail end. She had horrible presentation, she failed to convey any urgency and she probably wasn't being paid enough. She started laughing and admitted that I probably hit the nail on the head. If she hadn't lived in Michigan and I lived in Georgia we might have went out ... but then again she had seen my credit report, so maybe not.

[Trixie007]

I would have told BoA, don't bother calling my pastor, go straight to the top and call god himself, cause only god knows how I am going to pay you any money...

Oh man! I wish had thought of that!!! That's hilarious.

[Bell30656]

Or you can go the other direction and tell them you have a new accountant... Her name is Helen Waite. If you owe them money they can go to Hell and wait for it.

[treehugger1]

I doubt that BoA was going to call anyone's pastor. The CA goons they hire might suggest this, but not BoA. Your unsecured debt of $1K - $100K isn't going to rock the boat at BoA. The CA may rock your boat, but in terms of BoA you are just an account number and deserve no other special treatment than anyone else.

If you want to "deal" with creditors or CA's then answer the phone and see what they have to say. Know your rights and exercise them at the appropriate moment. It is not that hard to do!

You should call BoA and ask what the status of the debt is. My experience suggests that BoA does one of two things:

1) If you ignore them and wait out 180 days charge-off they will most likely sell your account. And while the original account was with BoA, they no longer own it and could give a shit less about you. You will need to deal with the CA's who subtley suggest they ARE BoA. They most likely are not BoA.

2) If you contact them and keep up communications with them prior to their 180 day chargeoff, then they might come up with a offer reasonable to folks who have the means to accept. If you are not in this position and you cannot tolerate assigned collection calls, then declare BK and walk away.

While it may be fun to "screw" with CA's, don't assume that the OC cares enough to bother you with "contacting your pastor." I doubt this will EVER happen.

I'm not attempting to protect corporate America, but I seriously doubt that the calls you are receiving are directly from BoA.

Turn this into a learning experience! The next time someone calls you and attempts to act like the OC, call them on it. Ask for their telephone number, their name, and ask to speak with a "BoA" manager.

I've been down this road before...