One more time please: Can I tell OC to NOT call, just email?

[nickifan]

These creditor calls in the a.m. are becoming like an alarm clock.

I'm keeping a log of who (according to caller id) calls when, and when I FIRST spoke to an actual human. If I have talked to said human, I'm not answering more calls from the same company. (Amusing side note on how many DIFFERENT phone numbers the same creditor can use...as others have pointed out here, Google is your friend....)

Anyway...I do remain confused by what you can demand from the OC vs. CAs (the latter of which I hope is still months away, by which time I hope to have retained atty.)

Can I tell an OC -- after speaking for first time and verifying I'm me, yeah that's my phone, yeah that's my account -- "do NOT phone me at home or on my cellphone again, just email me"?? I am not even 60 days late on one card yet.

GEMoney is the most persistent in terms of volume of calls and a one-two punch to home phone, then cellphone. BofA calls a lot too. HSBC told me upfront they'd call once a week and they do, and the reps still are very nice and non-aggressive. The two reps (from GE and Wells F Financial) who have been pushy and talk "over" me have both been young women. Don't know why that surprises me but it does.

Thanks as always.

P.S. (Have job interview Monday -- cross your fingers, pray, offer some sacrifice -- whatever good karma you can send!)

[OhioFiler]

Tell them you work nights and sleep during the day. When they ask when you are available for calls be sure to tell them you go to sleep at 7:45 a.m. and wake up at 9:15 p.m.

[forgotten]

Can I tell an OC -- after speaking for first time and verifying I'm me, yeah that's my phone, yeah that's my account -- "do NOT phone me at home or on my cellphone again, just email me"?? I am not even 60 days late on one card yet.

You can tell them... they won't listen, but you can say whatever you like.
Unless you have a better state law the FDCPA does not cover the OC, so they don't care when its inconvenient for them to call.

I changed my cell phone number (one creditor got it somehow) and sent my home phone right to voicemail until I had filed. I saw no reason to speak with them, it was just wasting both of our times, as I couldn't pay them.
I didn't really care if they wanted to try and call other people to "locate" me.

[optimistic1]

No, because calling is how they get you to pay, they use it as a harrassment tool.

[frogger]

No, because calling is how they get you to pay, they use it as a harrassment tool.

That's right. They're just doing what they do best.

Voice mail or an answering machine should be your best friend.

[flyinbroke]

Actually I got this from the Texas Attorney General site:

Harassment and Fraud are Prohibited
State law prohibits the use of harassment and abusive collection tactics. It is illegal for any debt collector to:

-threaten violence or other criminal acts;
-use profane or obscene language;
-falsely accuse the consumer of fraud or other crimes;
-threaten arrest of the consumer, or repossession or other seizure of property without proper court proceedings;
-use the telephone to harass debtors by calling anonymously or making repeated or continuous calls;
-make collect telephone calls without disclosing the true name of the caller before the charges are accepted.

Penalties for Violations
Violators of the Texas Debt Collection Act are subject to criminal and civil penalties. Consumers who think they have been harassed or deceived may seek injunctions and damages against debt collectors.

These actions are also violations of the Texas Deceptive Trade Practices/ Consumer Protection Act which gives the Attorney General the authority to take action in the public interest.

From what I have read in the Texas Finance Code http://www.statutes.legis.state.tx.u...htm/FI.392.htm the term "debt collector' applies to ANYONE whose job it is to collect debts; therefore, the OC is NOT protected under the Texas Debt Collection Act like they are under the FDCPA.

[nickifan]

That's right. They're just doing what they do best.

Voice mail or an answering machine should be your best friend.

Thanks everyone. Right now I am at home most of the time, here on the PC, which is next to the phone/fax machine. I can't turn off the fax machine phone (as there is no "ringer" to adjust) without completely unplugging the jackcord...and if I do that then I lose the Caller ID...which means I don't know if it's a call I'd WANT to take. So unfortunate the timing, as of course I don't want to miss a call from a prospective employer.

The kitchen extension is only a phone, not an answering machine, and no Caller ID box. I did learn the other night thought that VoiceMail will get recorded if the kitchen phone is plugged in, even if I have unplugged the fax/phone...(you cannot underestimate my ineptitude at "technical" stuff!)

Sometimes I think I want a job just so I can get out of here and not HEAR the phone ringing all day....

[flyinbroke]

That is why I love my 15 dollar prepaid. I shut the ringer off and that is the only number used for CC companies. I may turn it on soon, as the "anonymous calls" are stacking up and documented and am thinking of finding out who it definitely is and moving in for the kill of extra cash.

I stopped paying another GEMB(Sam's Discover) and Citi this month, so next month should get interesting.

[treehugger1]

You need to check your state laws. As mentioned, many states have debt collection laws that also apply to the original creditor.

As always, it is up to the debtor to do his/her homework (due diligence), roll up their sleeves and write some cease and desist letters.

If they are auto-dialing your cell phone, make sure to tell them that they are in violation of the TCPA in your letter. Better yet, buy a disposable cell phone, or have your number changed, etc.

I have never had a single creditor, CA, jdb, or debt attorney not abide by my request to cease all telephone communications. they send me letters and summons (LOL,) but they never call after I tell them FOAD.

[nickifan]

You need to check your state laws. As mentioned, many states have debt collection laws that also apply to the original creditor.

As always, it is up to the debtor to do his/her homework (due diligence), roll up their sleeves and write some cease and desist letters.

If they are auto-dialing your cell phone, make sure to tell them that they are in violation of the TCPA in your letter. Better yet, buy a disposable cell phone, or have your number changed, etc.

I have never had a single creditor, CA, jdb, or debt attorney not abide by my request to cease all telephone communications. they send me letters and summons (LOL,) but they never call after I tell them FOAD.

I haven't had coffee yet so am dense. "FOAD"....??? I'm thinking I have the first two letters but not the rest....

[ryan]

"F" off And Die...

[nickifan]

"F" off And Die...

Ah. I was right on the first two.... Thank you Ryan!

[Bell30656]

Texas is a pretty debtor friendly state. I don't happen to live there. In my personal experience I found that if I answered the call, verified who I was, told them I was unwilling to discuss the matter and then hung up I wouldn't get another call from them that day.

Not answering was not an option for me as I did not want the debt collectors calling my friends, family and WORK.

[anykey]

You could complain to the federal trade commission. Then when they call- ask the clerk to make a note on your account- that you filed a complaint.

[GoingDown]

Although original creditors are not bound by the Fair Debt Collection Practices Act, many of them will voluntarily follow it anyways. Simply send them a letter in the mail telling them to stop calling you on the phone, and there is a good chance they will stop calling you. It's worth 44 cents to find out.

If that doesn't work, then turn off your ringer and let your voicemail or answering machine screen all your calls. Remember that computers do most of the dialing and it often takes a minute or two for a live human to come on, so I make rustling paper noises at the beginning of my recorded message and then in a loud and clear voice I say my first and last name so they know they have found the correct number.

And get a pay as you go cell phone so relatives and friends, etc., can still get through to you for emergencies or whatever, if that is important to you.