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I think I will start answering phone again.

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    I think I will start answering phone again.

    It's all unsecured debt except for the mortgage (which I pay on time) I've told all the ones that have called I don't have the money to pay them. But, being that I owe them money they are calling every hour sometimes more. I'm still at least a month from filing (don't have the money yet). So after I told them all yes this is me and sorry I don't have the money. They still call (which I expect and I'd do the same if someone owed me money) but I haven't been answering their calls for a couple of weeks now.

    I don't want them calling family, work and/or friends. I am safe as far as lawsuits. I'm below the minimum for wage garnishment. I don't own any vehicles/assets in my name except my house, and they can't place a lien on that.

    I just want to let them know once day they have me and things haven't changed and this is the number they can continue to reach me at. I really don't want them calling family foremost. Work is bad and friends would just add to the embarrassment.

    I know this won't stop them from calling but I am hoping it will stop them from possibly calling the people I care about and my job.
    If they get me at home and I take their calls will that stop them from calling others?

    #2
    I can deal with talking to them every hour if I have to. I just don't want them calling people that I haven't told about this.

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      #3
      You need to write each a Cease and Desist letter. The law protects you and you will not be bothered. Let me research as I just sent a copy to another poster but I forget where it was. I'll be back. 'Hub
      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.

      Comment


        #4
        I think it was under the DV thread in this area. Someone asked what it was, someone else copied and pasted the generic one every CA has seen and just snickers at, and everyone else added different and simpler versions.
        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


          #5
          It is so simple, all you have to say in your letter is this...

          "In accordance with the Fair Debt Collection Practices Act, I demand in writing that you cease and desist from any communication with me."

          That's it. That's all there is to it.

          Then just put your name etc. on it, and their name etc. on it, and maybe the account number in question (if you know it), and the phone number they are already calling, and send it off in the mail to them.

          I have sent off A LOT of them, and with very few exceptions, they work very well to stop them from calling you, or anyone else associated with you.

          I would personally start off with just a 44 cent stamp and then wait a week and see if it works. If they ignore that, then send another one by certified mail. You can also send it by fax if you know their fax number, and sometimes by email if you know their email address.
          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.

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            #6
            Thanks I'm going to be mailing out letters this week. I am going to answer the phone tomorrow when each one of them call. I guess they called my work a week or so ago and they were told we can't take personal calls at work. I work at a restaurant. Well today when I get to work my manager tells me "my friends" we're calling the carryout line all day asking for me. I was so embarrassed. The carryout line you have to be connected to so they are calling the main line and asking to be transferred to carryout.

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              #7
              I have an original creditor calling me regarding two CC accounts, both under $1000. Under Oregon laws, original creditors are treated the same way as collection companies. I sent these folks a letter requesting they cease and desist communications and cited the statute. They stopped calling. I almost wonder if they would have stopped calling regardless of my state's particular laws.

              Comment


                #8
                Originally posted by Jackdog View Post
                Thanks I'm going to be mailing out letters this week. I am going to answer the phone tomorrow when each one of them call. I guess they called my work a week or so ago and they were told we can't take personal calls at work. I work at a restaurant. Well today when I get to work my manager tells me "my friends" we're calling the carryout line all day asking for me. I was so embarrassed. The carryout line you have to be connected to so they are calling the main line and asking to be transferred to carryout.
                It's amazing to see this kind of junk yard dog dedication to collections work.

                Makes you want to ask them, where did you take a wrong turn in life and end up in collections instead of pitching for the Yankees.

                I guess it was that first hit of crystal meth.
                filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                Comment


                  #9
                  It really did surprise me. It's not debt collectors at this point its the OC's. I expected them to call work but I figured once they did, and were told no personal calls that would be that. I really didn't expect them to do the carryout method. One of the guys I work with they called the carryout line for him. I thought it was weird when I answered the phone and they asked for him by his full name. I went into the back where he works and told him he had a call, he said I don't want to talk to them. When I went back and told the caller he was unavailable, she wouldn't let it go. She started asking me when he worked next and why he couldn't come to the phone. Finally, I said this a business and this is the carryout line for the business which you are tying up for people that are actually calling to order carryout. I then told her to never call the carryout line again.

                  I'm not really in a position to do such a thing but I knew by the call she's a bottom feeder.

                  I have no problem with them calling me. I owe them money. I've talked to them but stopped a couple of weeks ago because it was just the same thing over and over. I just never expected OC's to call the carryout line. I know this is my fault but ugh the humiliation. Now pretty much everyone I work with knows about my problems.

                  Comment


                    #10
                    Can you tell an OC not to contact you?
                    Take $10 billion from the government and then sue me...nice

                    Comment


                      #11
                      IF they are calling anyone after talking to you on the phone then they are violating the law. THE ONLY reason they can call anyone else is to learn of your location. THEY KNOW where you are, so no reason to call. Send the cease and desist letter, and read the FDCPA (this site has a great info on it). It applies to YOU and you do not need to get multiple phone calls either, there is regulation on that too. USE IT. They are doing what debt collectors do best: Capitalizing on your "guilt". FLUSH IT! You have the right to live your life, and do the best you can. You don't deserve to be harassed, and it's against the law. PERIOD.

                      Comment


                        #12
                        Technically OC's aren't subject to the FDCPA, but they might honor a cease and desist letter, though it might prompt them to sue you.

                        Probably a more effective tactic is tape recording such a call and disclose the behavior to a newspaper, hopefully they could get some mileage out of it.

                        Isn't it funny that you can stop paying your mortgage and still live in the house up to 3 years later but for a credit card they're calling you on the carryout line at the restaurant where you work?
                        filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                        Comment


                          #13
                          The one that is calling the carryout line is GE Money for Lowes with a balance of less than $800. I got pulled into the office again today by a different manager I guess yesterday (my day off) they were just calling and getting transferred to the manager's line she said they called about 4 times. I told her to just tell them not to call again. We're not supposed to get any personal calls I don't understand why my bosses haven't said anything so far. When our dog was having seizures my boyfriend called the day of the night we put him down. To ask me to come home because the dog had 10 seizures within 15 minutes. They wouldn't even let cashier transfer that call to a manager. Go figure.

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