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    Can CA refuse to give their address?

    I've been hounded by a certain collection agency, and they are getting a little more persistant and rude! They keep telling me that they have sent me info in the mail, but I have not received anything from them. I verified my address with them...but still have got nothing.

    I spoke to two different people on the phone, and both would not give me their address. Can they do this????

    I would really like to send them a C&D letter...but can't if I don't have the address. I've tried looking up the company online, but I think they have several office in different states.

    I'm going to be filing CH13 soon...but I really want their annoying calls to stop. I've found that giving them C&D instructions over the phone doesn't do much. Would be much more productive to send in the mail.

    Suggestions???
    Filed Chapter 13 on March 16, 2010
    341 Mtg on April 16, 2010, Confirmed on May 7, 2010 (Step plan for 36 months)
    35 months down - 1 to go

    #2
    First, figure out how to record your phone conversation with them. When they call, hit the record button. Tell them that this, and all future calls from them, call is being recorded. Then ask them for their address so that you can send them a C&D letter. If they refuse, you have proof that you told them to C&D. Chances are they will just hang up as soon as you tell them that you are recording the conversation before you can tell them anything.

    Comment


      #3
      Any collection agency that is legit will give you their info and address. If they refuse to do that, they can just f. off.......
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        Call them up and tell them you are an attorney representing a client, and ask for their correspondence mailing address. Inform them of your intentions, and tell them flat out you are sending a cease and desist letter. Just keep calling back until you get a gullible low life.

        Comment


          #5
          then where are you suppose to send the payment to?
          Discharged- pro se- chapter 7~!

          Comment


            #6
            Originally posted by anykey View Post
            then where are you suppose to send the payment to?
            Usually they have different address's for payment and correspondence, but sometimes they are the same. Most people in this forum, really aren't sending out payments, so that is the least of their worries.

            Comment


              #7
              Recording their call and telling them you are doing this usually puts a very fast end to any shady collection practices.
              Stopped paying c. cards February 2009
              Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
              Case went without a hitch!
              I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

              Comment


                #8
                once you have a payment address look them up on dunn and bradstreet.
                Discharged- pro se- chapter 7~!

                Comment


                  #9
                  Originally posted by optimistic1 View Post
                  Call them up and tell them you are an attorney representing a client, and ask for their correspondence mailing address. Inform them of your intentions, and tell them flat out you are sending a cease and desist letter. Just keep calling back until you get a gullible low life.
                  I wouldn't advise this. As much the Collection Agancies can be in hot water for lying or using unfair tactics, so can the debtor. You NEVER tell anyone you are an attorney, when you're not. They record their calls too sometimes and no one needs that kind of mess.

                  Anywho, if they don't give you their address, then I agree.....they can "f" off, but if you want to remedy this, demand to speak to a supervisor and see iif they will provide their mailing address. Maybe they are one of those who use bad tactics and giving out their mailing address would cause their front windows to get blown out or something....LOL!
                  Bankruptcy History:
                  Chapter 7 filed - 10/12/2005 - Asset
                  Discharged - 02/16/2006
                  Case Closed - 11/08/2007

                  A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                  All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                  Comment


                    #10
                    Originally posted by BassBoy View Post
                    I wouldn't advise this. As much the Collection Agancies can be in hot water for lying or using unfair tactics, so can the debtor. You NEVER tell anyone you are an attorney, when you're not. They record their calls too sometimes and no one needs that kind of mess.
                    Not to argue, but...


                    I wasnt aware of any law that says you cant impersonate a lawyer, a cop yeah, but a lawyer? What legal action could they take on someone that simply wanted their mailing address? Especially one that is refusing to even provide it? I just dont see how any CA could take legal action against someone that simply is demanding to utilize their consumer protection rights. They would be breaking the law themselves and the lawsuit would be a wash. Im not saying call them up and tell them your the Attorney General for your state, but just ask them for the address, and if they ask who's calling, just tell them you are a attorney. Dont reference any account numbers or names, just ask for the address.

                    To the orginal poster,

                    What is the collection agency name? I will get their correspondence mailing address for you, it just takes a little digging and creativity.

                    Comment


                      #11
                      Originally posted by optimistic1 View Post
                      Not to argue, but...


                      I wasnt aware of any law that says you cant impersonate a lawyer, a cop yeah, but a lawyer? What legal action could they take on someone that simply wanted their mailing address? Especially one that is refusing to even provide it?
                      Not that they would take any legal action, but you're being deceptive by telling them you're an attorney. My point was, why do anything to possibly create any headaches. You can get in trouble for "unauthorized practice of law", which is not the case here, but there's no telling what some CA would do. Some of these people are just the lowest forms of life on the planet and even though no law may be broken, they could attempt pursue action against you.

                      Oh, and a little tid-bit I did pick-up some time ago.........and this is not open for debate or comment in this thread..........some Judges take this very, very seriously and they have always in such cases thrown the book at the perpetrator. You would probably be charged with a misdemeanor. Just wanted to point this out.

                      If we could, let's stay on topic here. Don't want to run thread off it's course.
                      Bankruptcy History:
                      Chapter 7 filed - 10/12/2005 - Asset
                      Discharged - 02/16/2006
                      Case Closed - 11/08/2007

                      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

                      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

                      Comment


                        #12
                        To the orginal poster,

                        What is the collection agency name? I will get their correspondence mailing address for you, it just takes a little digging and creativity.[/QUOTE]

                        It is Brachfeld Law Group. I found them on BBB, but it gives a California address. They are calling from a 614 area code...I think that's Ohio???
                        Filed Chapter 13 on March 16, 2010
                        341 Mtg on April 16, 2010, Confirmed on May 7, 2010 (Step plan for 36 months)
                        35 months down - 1 to go

                        Comment


                          #13
                          See now we are getting somewhere. I too have been hounded by this firm, and I know what you mean. Basically, they get possession of the account, and they dont send out dunning letters for a couple weeks. But in the meantime, they call you like crazy. I eventually received the dunning letter, to which I printed out my DV letter. My records show their correspondence mailing address is below. And to prove its authenticity, I have provided a link to the bbb website also. If need be I could also send you a copy of my DV letter clearly showing the address. If you are looking to settle the debt, they negotiate very easily to the 20-40% range and provide it in writing very quickly, it also can drag on the collection process, wink wink.




                          Brachfeld Law Group, P.C.
                          20300 S. Vermont Ave..
                          Suite 120
                          Torrence, CA 90502


                          Good luck to you.
                          Last edited by optimistic1; 01-22-2010, 07:35 PM.

                          Comment


                            #14
                            So, is it accurate that their correspondence address is different than where people are calling from??? I would just want to make sure I'm sending a DV and C&D letters to the correct location.

                            This place has been calling me since early December and I still have never received ANYTHING from them in writing.

                            We are filing for CH 13...but have a few things to do before we can file (make a car payment and file our 2009 taxes). So, I know it's going to be at minimum a couple weeks before we file. This place is calling multiple times a day to both my home and my work. I don't think they have called anywhere else (like my parents) yet. I've really just been ignoring all there calls (thank god for caller ID at work!!), but I fear that they will start calling around to family/friends.

                            The only thing that's making not totally freak out is knowing that we are close to being able to file for BK at which point, I know the calls will stop....or if they don't I at least know I can direct them to my lawyer.

                            Thanks all for the feedback....it's helping me relax a little.
                            Filed Chapter 13 on March 16, 2010
                            341 Mtg on April 16, 2010, Confirmed on May 7, 2010 (Step plan for 36 months)
                            35 months down - 1 to go

                            Comment


                              #15
                              In some states it is indeed illegal to impersonate a lawyer. In Georgia if you claim to be a lawyer and are not you can be charged with the unauthorized practice of law, even if you were only representing yourself.

                              Each state has different laws on how the collector must act. When a collection agent would call me, I would verify my identity then insist that they do the same. If they will not tell me the correct name of the company, state it is incorporated in and an address for service then they have wasted a telephone call. I always told collection agents that I was recording the call, I rarely was.

                              If you know the company's correct name and what state they are incorporated in, you can go to the Secretary of State's website and get the address of the registered agent whom you can serve.

                              Comment

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