Violation of the FDCPA?

[optimistic1]

I had a collection agency call us the other day, twice actually, when I called back they identified themselves as NCO Financial. A third party collector for GEMB accounts.

I informed them that I am being represented by an attorney, and here is his information.

They told me that they already moved it to a Bankruptcy Dept., and I asked, well then you should have my attorneys name and phone number, why are you not calling him?

If they have my attorneys name and phone number, and yet, still continue to call us for the debt, and we have not filed a petition yet, is that a violation of the FDCPA?

[justbroke]

I don't know if it is. You haven't actually filed your petition yet, so they can still, technically, continue to collect the debt.

Until they have a case number, filing date, chapter, and District... they will probably continue to hound you.

Of course, I could be wrong... as I'm not up on the FDCPA in this specific instance. I don't know where this would be covered at all.

[treehugger1]

[BigJohn]

The collection agency probably know what they were doing is wrong, but who is going to enforce the law?

[justbroke]

The key in the law is, if the debt collector had contacted the lawyer, and the lawyer refuses to talk to them. Interesting loophole.

Anyhow, I hope you can get this straightened out. The best would be for your lawyer to call them back and tell them to stop... or for your lawyer to C&D them.

[optimistic1]

Interesting stuff, well I suppose they can just continue to bug me, as I will be processing a C&D letter, and a DV to them shortly. See what happens.

[EricaCallaha]

The one loophole also says that the attorney has to CONSENT to the direct communication to the consumer. Even if the attorney doesn't respond the collection agency doesn't have his CONSENT to speak to the consumer either....

Just my interpretation....My attorney liked that a lot.

[optimistic1]

This NCO bunch is a ridiculous agency, they have like 1000 different phone numbers and departments, and they just hang up on you left and right when you ask too many questions. All of their employees are of african american decent, and sound like they dont even have a high school diploma.

I am not being racist, I would say the same thing if they were of indian or any other nationality, yes even white. So please do not take this the wrong way!

I told one of them that I was recording the conversation as well, and they said I could not do that, so then I said, OK, I turned the recorder off, and then she continued to speak her usual scripted jibberish.

I found it rather surprising that GEMB ( Paypal Sams Club ) has already wrote these off to NCO after only 5 months delinquent, no offer letters or nothing.

A pathetic attempt to try and collect the full amount from us, which will be welcomed by an automatic stay with a 0% unsecured Chapter 13 plan.

No wonder these banks are dropping like flies.

[justbroke]

The one loophole also says that the attorney has to CONSENT to the direct communication to the consumer. Even if the attorney doesn't respond the collection agency doesn't have his CONSENT to speak to the consumer either....

I love loopholes, that loop back on themselves... making it a perpetual nightmare.

[optimistic1]

Well, I dont know, Im not an expert like you. In my last thread I posted, an individual posted a DV letter, and the last paragraph was a cease and desist, thats the only reason I would do that, because the template has both of them.

So you are saying, DV them, and then do what, sit there and wait?

And then after DV response, then CD them?

[OhioFiler]

If you send a C&D your just waisting your money on sending a DV. Whats the point in sending a DV that will go into the garbage since you C&D them? once you C&D them they won't communicate with you any longer, even if you send a DV.

And if you want to C&D them then why even bother with that DV?

You can do it in the other order, DV and the C&D, but again, what is your point in the DV anyways?

I could use a little de-waisting around the mid-section.

[optimistic1]

lol @ ohiofiler