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early call from cap1

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    early call from cap1

    ok, i got a call from cap1 at 6.56am this morning. showing on my caller id. i assume this is illegal..but exactly What can be done here. or can they call at all hours???

    #2
    AFAIK, the call times are 8am-9pm.

    Comment


      #3
      I would hav answered it and went nuts!
      Take $10 billion from the government and then sue me...nice

      Comment


        #4
        Hey---junker---I had one today from Discover---
        that must have landed around 7:30am---somebody was up early.

        Comment


          #5
          It has to be between 8 am and 9 pm YOUR time. However, the tricky part is that OCs are not held by the FDCPA. Some state laws (Texas, for example) have the same rules for OCs. Check your state's rules on this.
          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....

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            #6
            If it is the original creditor, they can call whenever they want to call. It is not illegal.

            Bank of America loved to call me at 6 a.m. on Saturdays.


            Send them a cease and desist letter, and they will probably stop calling you. It seems that most original creditors are now voluntarily honoring C D letters.
            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


              #7
              I don't think that is correct...I don't think any of them can call before 8am, OC or not
              Take $10 billion from the government and then sue me...nice

              Comment


                #8
                Originally posted by jwmc1 View Post
                I don't think that is correct...I don't think any of them can call before 8am, OC or not
                Yes, jwmc, they do call before 8 am. Bank of America called me before 8 am.
                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


                  #9
                  Originally posted by flyinbroke View Post
                  It has to be between 8 am and 9 pm YOUR time. However, the tricky part is that OCs are not held by the FDCPA. Some state laws (Texas, for example) have the same rules for OCs. Check your state's rules on this.
                  I did not know this! I love this board....I learn something new EVERYDAY.

                  Comment


                    #10
                    Originally posted by jwmc1 View Post
                    I don't think that is correct...I don't think any of them can call before 8am, OC or not
                    Originally posted by GoingDown View Post
                    Yes, jwmc, they do call before 8 am. Bank of America called me before 8 am.
                    As already said, it depends on the state. Some state laws extend the collection rules to OCs.
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment


                      #11
                      Well, my phone won't ring until I'm awake and ready to answer it. My husband's work calls 24/7 - so I'm already in the habit of turning my phone off when I go to sleep and not turning it back on until I'm good and ready.
                      04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

                      Comment


                        #12
                        Originally posted by GoingDown View Post
                        Yes, jwmc, they do call before 8 am. Bank of America called me before 8 am.
                        I didn't say they don't do it, I said they are not supposed to.
                        Take $10 billion from the government and then sue me...nice

                        Comment


                          #13
                          Was it Hot Linda ??
                          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

                          Comment


                            #14
                            Originally posted by albacore44 View Post
                            Was it Hot Linda ??
                            My husband says she doesn't sound hot to him.
                            LadyInTheRed is in the black!
                            Filed Chap 13 April 2010. Discharged May 2015.
                            $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                            Comment


                              #15
                              Originally posted by albacore44 View Post
                              Was it Hot Linda ??
                              Ha ha ha! No, it was a cranky old sounding lady who seemed to be very annoyed by all of my responses.





                              And as far as laws about not calling before 8 am, I don't think that applies to the original creditors. If they called too often at 6 am, they might cross the line of harassment, but they only called me a few weekends in a row at that time of the morning. Then they got my cease and desist letter in the mail, and stopped calling me.
                              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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