CollectCorp.....what a bunch of (censored)

[flyinbroke]

These guys started calling the house, which is not listed because I don't want anyone else knowing my biz. They started calling on the 12th, and to this day I have no dunning letter. After leaving several messages telling whoever listening who they are, I called them back on the disposa-cell.

They are claiming BoA (where I had 2 accounts which are now combined) sold them the debt. Then the next breath they are saying they will send it back to BoA's lawyers if I don't pay now. They kept saying the next stop was a lawyer. OK, they did flummox me for a second because they kept asking why I went delinquent and I said I lost my job...they have two jobs ago listed! Funny, because BoA, when I was willing to work with them, had my correct number and my correct employer! I guess they don't pass info very well. Tried drilling me for info and I said I prefer not to discuss by nonsecure phone, when I can mail. I said they need to send a letter. They are saying on the phone that my account is 3000 higher than it was a while ago, "oh can you imagine 25 percent interest" and several times saying "so you want to refuse to pay the debt that you racked up" to which I replied BS, this account has been dormant for years and not touched.... and then said BoA offered a settlement of 13K.

I asked for the dunning letter. They claimed they sent it on the 4th and it is 30 days from when they send it. I said no, it is 30 days from when I receive it. (I may be wrong here, as I know they date them way before mailing so they can screw to the best effect.) "Well we don't have to send anything." "No sparky, the law says you have to send within 5 days of first contact (which would be that first phone call on the 12th) and I find it hard to believe it can't get to TX from AZ in two weeks." He was getting p*ssed.

I kept at it, saying I am disputing and want proof on how they came up with the numbers. He said "you are refusing and stalling on debt you racked up (he loved this phrase) and I have to tell BoA and they can take further action including legal action" (wait, didn't you tell me BoA no longer owns the debt) and I said I would wait on the letter which includes settlement info as I don't do anything verbal, and by the way what is your name and what is your address so I can send a response. Typical boiler room dweller, there was serious laughter and loud voices going on there. I would never want that job. May be an arbitration candidate since they are NAF only....I can wait 'em out.

BTW the BlackBerry has a most excellent voice recorder in it even though my disposable phone bites. Will have to listen and dig up the violations. I am sure no letter within five days of first contact is a start....

[WhatMoney]

I am sure no letter within five days of first contact is a start...

Isn't first contact when they first speak to you? Not sure voice mail counts as first contact. I have had collectors call for months without ever sending me the first contact letter. Of course I have never talked to them - all they get when they call me is a ringing phone that is never answered.

If you don't ever talk to them I've found some will send the first letter after a few weeks of trying phone contact with no success, and others just give up without any letters.

[flyinbroke]

This is the opposite of my experience. I have had two collectors call and within five days of not answering, I had a letter in my mailbox. None of them left messages. This one left a VM with my name, who they were and what they were calling about. If I was the least sophisticated consumer I would call that initial contact. However the CA claimed it was sent May 4. I don't believe him.

[WhatMoney]

This is the opposite of my experience. I have had two collectors call and within five days of not answering, I had a letter in my mailbox. None of them left messages. This one left a VM with my name, who they were and what they were calling about. If I was the least sophisticated consumer I would call that initial contact. However the CA claimed it was sent May 4. I don't believe him.

Again I don't know the law that defines first contact.
But I do have more experience than you - over five years of telephone calls with complete caller ID logs, and a complete file for every colllector that has ever mailed me a letter (hundreds of letters sorted by collector and date). I have spent time trying to correlate the date of initial letter with the telephone call ID logs, and I see no pattern that they always send a letter in 5 days. Many never send a letter. But none of them ever make phone contact with me either, whether they send a letter or not.

[flyinbroke]

Well, regardless, I will be sending the DV along with the "calls are inconvenient" clause. I think they were lying about sending it in an attempt to pressure me to pay. Didn't work. I told them I want written proof of a debt, of settlement, of anything. BoA has been offering up 20 and 30 percent settlements but they throw me 50 at an inflated rate? Nah, if I want to, I can just elect arbitration (which creditors cannot initiate anymore) and sit things out till SOL hits.