I sent a DV letter with signed signature & they did NOT answer my letter, but are still calling me trying to collect. Are they allowed? This is a collection agency for Capital One.
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Did you send it certified mail?All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event....... -
Let them know you are hiring a consumer rights attorney to collect a $1000 bill from them. Start making recordings.Comment
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Sent Priority with signature request
I sent it Priority Mail with signature, so I do have a signature, date, time. I also sent a letter stating that I did NOT want them to call, only to contact me by mail, but they are still calling?Comment
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are they a CA or an OC? and what state are you in?First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....Comment
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You have a cause for action. Pursue it. They owe you an apology and some bucks if you wish to take them to small claims Court. Ask your lawyer as small claims does not usually cost more than the filing fee. About 72 bucks here with service of subpoena. You get that back in Judgment. 'HubOriginally posted by ChrissyF View PostIf 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.Comment
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I live in NY & the collection agency is in Texas.
Should I answer & tell them that I sent the letter and have a signed signature?
I am planning on filing BK, not sure if it's worth my time to sue? I have the message on my cell phone and can print out my incoming call log to prove that they've called me.Comment
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Originally posted by ChrissyF View Post
I acknowledge being technically challenged...but can you explain how you do that??? On a cellphone???????Comment
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I had a collection agency that did this same thing to me.Originally posted by ChrissyF View Post
This is how I dealt with them.
The next time they called, I started my tape recorder and put them on speaker phone. I started off by telling them I was tape recording them. Then I asked them who they were, they identified themselves. I then asked them what the date was. November 12th, XXXX, they said. I then said what the time was in Arizona time, and I informed them that they had violated the Fair Debt Collection Practices Act by continuing to call me after receiving my cease and desist letter by certified mail. I then read off the certified mail number and the date the U.S. Postal Service said they received it. The woman on the other end of the phone was trying to scream over me to get me to listen to her.
I then hung up on her and made a copy of the tape and sent it to them with a letter demanding $1000 in statutory damages by certified mail. One day after they received that recording in the mail, they stopped calling me and I never heard from them again.
That's probably what you will have to do.
P.S.-- please note that I did not engage them in conversation or say anything about the debt or me. The person was trying to scream over me most of the time. But the recorder picked it all up.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.Comment
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Thanks "going Down" that's great info.
I acknowledge being technically challenged...but can you explain how you do that??? On a cellphone???????
I have Sprint as my provider. You can view your account on line, I would think with most carriers and it will show all incoming and outgoing calls. The collection agency that I am dealing with doesn't block their number so it shows on my list of incoming calls. If the call is private, it will not show their number.
If you can't figure it out, if you call the cell company I'm sure they could send you a copy.Comment
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