Originally posted by Kirby
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Chase Calling My Cell Phone
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Originally posted by Kirby View PostThis is Forum Terrorism - are you an amateur or a professional Collector?
Forum Terrorism?
No - just telling it like it is.
You should appreciate the fact that there are some collectors that hang around here to help with collection questions......All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......
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Originally posted by frogger View PostDoes it matter if the poster is an amateur or professional collector? Or perhaps not a collector at all?
Forum Terrorism?
No - just telling it like it is.
You should appreciate the fact that there are some collectors that hang around here to help with collection questions......
Kirby - you can throw punches my way all you want but how about answering my question. If you're a collector, how about some transparency. Nothing to hide here, right?
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Originally posted by LoadedGuns View PostYou borrowed money and you are not paying as agreed. It is fair. Wait till they start contacting your neighbors, friends and family looking for you. :-)
Be sure those neighbors, friends, and family take notes too...because that tactic is against the law.
See this FTC document for better information. Specifically the following sections:
805 a Communication with consumer generally
805 b Communication with third parties
805 c Ceasing communication
806 Harassment or abuse
808 Unfair practices
813 Civil liability (which refers to the countersuits everyone should file when debt collectors break the law)
Specifically, a debt collector may not call you 7 times in one day if you have already spoken to them. That's a possible $6K if you can prove the 6 violations in court!
Imagine it! If we were all able to prove in court the 20+ violations many debt collectors make on a habitual basis, we'd be able to pay off the debt they're trying to collect with their own money.
Of course, it's not that easy, but one can dream.
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Specifically, a debt collector may not call you 7 times in one day if you have already spoken to them. That's a possible $6K if you can prove the 6 violations in court!
The collector's job is to rattle you enough that you whip out a Visa card and pay them. They are in this game for beans and meat. They don't collect, they don't eat. You got the money from them, now you have to deal with the harassment of them trying to make you live up to your word, to which you gave until you either file bankruptcy or pay them.
*I've been there, done that too...
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OK.
So if you talk to them, they will not make these try to locate calls - correct. Also, once you have retained an attorney and gotten their permission to give out the attorney's information, they won't call your family, neighbors, relatives, etc. - correct.
After reading this thread you scared me into making a payment I was saving for the attorney, I meet with in a week and a half. This scares me to death.
I know I owe the money but holy cow>>
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"Locate" calls aren't really that frequent. Over the course of about a year of non payment on about 40 card accounts I can recall maybe 3 or 4 attempts (that I found out about). It might be different if your phone is disconnected, but if your phone appears to be working they mostly just leave it to the autodialer.filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!
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I should get in the collection business. Easy low hanging fruit. I'm astounded that many Americans are ignorant of their rights as a debtor and are easy to intimidate. Let them call your relatives, family and neighbors. Who cares. I bet many are in the same financial distressed boat.
Originally posted by littlemuffin View PostOK.
So if you talk to them, they will not make these try to locate calls - correct. Also, once you have retained an attorney and gotten their permission to give out the attorney's information, they won't call your family, neighbors, relatives, etc. - correct.
After reading this thread you scared me into making a payment I was saving for the attorney, I meet with in a week and a half. This scares me to death.
I know I owe the money but holy cow>>
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Excuse me
But some of us care about causing those we care about pain. I have very elderly parents who would never understand how I let this happen. They would be distressed and sick to know of my situation. I would also lose my job if they called my work. So call me what you wish, but I pretty much think we are all the ignorant ones for getting ourselves in this mess. Although I am a product of the housing situation, I knew that it was going to be tight and if something went wrong I wouldn't be able to make ends meet but I chose to ignore that. Like most of us, I grabbed for the high hanging fruit and over extended myself.
I'm sorry my ignorance wasted your precious time.
Originally posted by jacko View PostI should get in the collection business. Easy low hanging fruit. I'm astounded that many Americans are ignorant of their rights as a debtor and are easy to intimidate. Let them call your relatives, family and neighbors. Who cares. I bet many are in the same financial distressed boat.
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Originally posted by littlemuffin View PostBut some of us care about causing those we care about pain. I have very elderly parents who would never understand how I let this happen. They would be distressed and sick to know of my situation. I would also lose my job if they called my work. So call me what you wish, but I pretty much think we are all the ignorant ones for getting ourselves in this mess. Although I am a product of the housing situation, I knew that it was going to be tight and if something went wrong I wouldn't be able to make ends meet but I chose to ignore that. Like most of us, I grabbed for the high hanging fruit and over extended myself.
I'm sorry my ignorance wasted your precious time.
Also, I doubt your boss can fire you just for getting a phone call (the wrongful termination suit could pay off your debt!). If he's mad, explain the problem, ask him to inform the caller they are not allowed to call, and then tell him THEY just broke the law.
Also, if you are going to hire an attorney, the debt collectors are supposed to contact them, not you or your mom and dad! (805a2).
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Your boss does not have to be involved. You can simply tell them that you are unable to receive personal calls at work because your company has a policy against it. If you want to follow that up with a certified letter you can but it isn't required. Truth is the collector doesn't want you to lose your job because that is what they will want to garnish (way down the road) if/when they get a judgment. What they want is to reach you. If they can reach you and you confirm you are who they are looking for (last 4 or whatever) then they will only call that number for you.
Once they have reached you and confirmed you are who they are looking for that is when the hard sell begins. They want to collect the debt you owe. However, once they are in agreement that they have reached the right party tell them Goodbye and hang up.
A cease and desist letter is great if they are a collection agency but if they are the owner of the debt, the FDCPA does not apply to the OC. Powerful lobby in Congress.
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Originally posted by fool4school View PostAlso, I doubt your boss can fire you just for getting a phone call (the wrongful termination suit could pay off your debt!).
In Ohio employers are allowed to terminate you without having to show any just cause at all, unless you have some kind of contract.
So, if you tick off the boss, you will be out of a job.7/01/10 - filed!
11/20/10 - discharged and closed
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