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Stopping OC from calling at work
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yeah me too, Wells fargo every damn day, i work in a cubicle, and we got the new VOP phones, so I turn the ringer down and dont answer, unless i recognize the caller ID. i need to go see/pay my lawyer for my january filing, so i can turn these calls over to his office.Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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Jammed; the collection agency does fall under that same law. Write your letter.
Albacore: You must stop tempting me with all those beauties you put in your Avitar. Where is the first one? She's the best. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by DeadManCrawling View PostThe OC has different rules than JDB's and can pretty much call at will.
Sorry to say, but as long as it is the OC, they can do nearly anything they wish.
Hope they sell it soon.
Good luck.If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
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Originally posted by DeadManCrawling View PostThe OC has different rules than JDB's and can pretty much call at will.
Sorry to say, but as long as it is the OC, they can do nearly anything they wish.
Hope they sell it soon.
Good luck.Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17
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The OC can and will call people at their place of employment. I don't think the C&D letter will help you with the OC. The best way to stop the calls is to retain your attorney.Stopped Payings CC's: 8/14/2009 | Retained Attorney: 9/23/2009 | Filed CH 7: 12/7/2009 | 341 Meeting: 1/21/2010 - Complete | Discharged: 4/9/2010
"One person pretends to be rich, yet has nothing; another pretends to be poor, yet has great wealth."
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BigJohn is correct. For instance, Oregon anti-trust laws treat OC's the same way as the FDCPA does for CA's. In Oregon, any caller attempting to collect on a debt is defined as a "debt collector." I've posted this a long time ago with the relevant laws/statutes pertainign to my state. DO your own due diligence. Many states do have laws related to debt collection calls, in particular, calls to yoru workplace.
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I think my wife accidentally gave my business cell number to one of my creditors (Chase, naturally). When they called, I told them I wasn't permitted to take personal calls on this line, in a very serious tone. They asked if my other contact number was correct, and I told them yes, even though it was my magic jack that I never answer. They stopped calling the cell phone.filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!
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Heh, Chase just called me at work yesterday while I wasn't here. I called them back and gave them my lawyers info. I had been ignoring all the home calls but once they start calling work things change. I don't need anyone here knowing about this.Filed Ch7 10/14/09 - 341 11/23/09
Last day for objections 1/22/2010
Discharged!!! 1/25/2010
Closed! 1/28/2010
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I would agree that it is best to continue to speak with OC's. They were always somewhat reasonable. I would not give them any information except to state, "Look, I am going through a financial crisis. At this time there is nothing I can do but attempt to keep food on the table." Later on, when I had abandoned all checking accounts, it even got easier to speak with the OC's. They always wanted me to set up a (ACH) payment for a future date. But, once I made it clear that I had no checking account available, this seemed to produce an "oh" on the other end of the line. They wouldn't call me for a few days.
Then, the big whammie! Once I had some wages garnished, I would simply tell the OC that my wages were being garnished and there was no money left. Hell, they didn't call back for several weeks after I told them this. They must have checked some "don't bother with calling" box on their script form.
Another thing I never did was to speak long with what appeared to be some OC's out-of-country call center. I would simply ask the caller what country they were calling from. I would keep stating that I needed to speak with an American. Eventually there would be a click and the call would end. As I posted in another post, the call centers seem to have some weaknesses. One appears to be my experience once the accounts went to foreign country call centers for collection agencies. They would always ask me to identify myself by last 4 of SSN, etc. If it seemed clear that they were from a foreign call center, I would ask them if they were terrorizing me. You know, "Americans have to be very careful of engaging in financial situations and sharing information. Have you heard of the Patriot Act?" CLICK!
Recently, I have been 30 or so days behind on a national OC car payment. Their calls come from a call center in the Phillipines. I've had a lot of fun with these folks. Sometimes I let the call go to voicemail and they leave a number for me to call back. In general the number is a direct connection to the OC and I call them and get a very pleasant US citizen to speak with.
I need to add that after dealing with this for nearly 3 years, I have grown some very thick elephant hide. It is a learning process.
The last resort for me was that for a few accounts I had to just tell the OC that I was not going to make anymore payments and they could take whatever action they deemed appropriate. I never made this statement until I had laid out the seriousness of my situation several times over several phone calls.
I even told a BoA caller once that they should apply the bailout money to my account. The woman seemed embarrassed.
Always keep the following in mind. Not paying your bills is a CIVIL MATTER. It is not a crime. Whether you choose to file BK or simply refuse to pay is a personal decision and civil laws are implied.
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Yep, others are correct. State laws vary. I sometimes forget that not everyone lives in Florida In fact, I sometimes forget important things. Like wedding anniversaries.
I think I'd rather face an AP than go through THAT again
Generally, though, only from my own experience, OC's are kinder to deal with in the first place. They stil have hopes, at that point, of working something out, so perhaps there is incentive to be more gentle. Others experience may differ. And I am certain payday advance joints are probably more like bad mafia movie collectors. Pay da bill, or we break da legs!11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--Discharged
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I'm in PA and I don't know what the PA laws state. But, eventhough if will probably do no good I sent a letter explaining that all contact should be via the home number and via the mail (not my work #).
Since these calls relate to my husband's accounts (not mine) I didn't go into the whole sob story but I did confirm the home # for them. We'll see if the letter does any good.
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Your State's Attorney General has addressed this issue. Here is what it says from their web site.
Debt Collection
The Fair Credit Extension Uniformity Act regulates the debt collection activities of debt collectors and creditors in Pennsylvania. This law, effective as of June 26, 2000, prohibits debt collectors and creditors from engaging in certain unfair or deceptive acts or practices while attempting to collect debts.
Communications with Debtor
Debt collectors and creditors may not communicate with you unless they have your prior consent or the express permission of a court. Examples of improper communications include:
Contacting you at unusual times and places
Contacting you before 8 a.m. or after 9 p.m.
Contacting you at work if they know your employer disapproves of such contacts
Contacting you when they know you are represented by an attorney
Communications with Third Parties
Debt collectors and creditors may communicate with third parties only for the purpose of acquiring location information about you. During these third party contacts, debt collectors and creditors may not reveal that you owe any debt.
Harassment
Debt collectors and creditors may not harass, oppress or abuse you or any third parties while collecting a debt. Examples of this include:
Threatening you with violence or harm
Publishing a list of consumers who refuse to pay their debts (except to a credit bureau)
Using obscene or profane language
Repeatedly using the telephone to annoy
Unfair or Unconscionable Practices
Debt collectors and creditors may not use unfair or unconscionable means to collect a debt. Examples of this include:
Collecting any amount greater than your debt, unless permitted by the agreement creating the debt or by law
Depositing a postdated check prematurely
Using deception to make you accept collect calls or pay for telegrams
Contacting you by postcard
False Statements
Debt collectors and creditors may not use any false or misleading statements when collecting a debt. Examples of this include:
Falsely implying that they are vouched for, bonded or affiliated with the government
Falsely implying that they are attorneys
Falsely implying that you have committed a crime
Falsely implying that documents sent to you are legal documents
Falsely implying that documents sent to you are not legal documents
Misrepresenting the amount or legal status of your debt
Misrepresenting their name
Threatening to file a lawsuit when they cannot or do not intend to do so
Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17
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jammed, your letter should put a stop to them at work.
Check that web site posted above and file a complaint - link provided at website- with your Attorney General.Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17
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