Collection Agency Ignoring Limited C&D Letter

[MBTH]

Not sure what to do here. Last month, I learned a collection agency was calling family members, friends and my employer to get information about us. They even outright told my mother that we were "defrauding a bank" and they needed to find me before the police did. I kid you not. My mother hung up on them, since she knows better than all that.

Anyway, I sent them a certified letter demanding they they stop calling us or anyone else about our file, and to communicate only in writing via USPS. I have the return receipt card back, though I can't read who signed it. Somebody sure signed it.

Since that time, I can document at least 5 phone calls from them to my cell phone, including one this morning, where they actually left a message.

I've had enough of this. I know I could sue them for violations, but I don't really want to get involved with that just prior to filing our BK papers. However, I am documenting everything... and in a way, I really hope once they get the BK notice, they call one more time... then we can turn it over the court at that point.

But what should I do until then?

This company has a very solid reputation of being shady law breakers.

[treehugger1]

Send another return receipt letter stating they cease and desist communications. Give them notice that they are in violation of your first request and include a copy of your original letter and a copy of the green return card.

[MBTH]

Thanks. I've already taken care of that today. I faxed it to them, but also dropped another Certified/ RR letter in the mail saying exactly that. Not sure what else I can do... everything I've read about this company tells me they'll likely ignore that, too.

BTW - the CA is trying to collect on a Capital One credit card account that has been charged off. It will be included in our BK petition, of course.

[GoingDown]

If they continue to call, start recording their phone calls and tell them you are recording their phone calls. Also say out loud, the date and time of the call, and ask them identify the name of the collection agency.

An easy way to record their calls is to simply put them on speaker phone and then use an ordinary tape recorder to record the call.

Then find your local attorney general's office and find out which department handles collection agencies. And then file a complaint against this collection agency.

From my experience with one very nasty collection agency that ignored even certified mail, once they got a letter from the state government, they immediately stopped calling and never called again.

If you're in Arizona, simply go right here to file a complaint...

http://www.azdfi.gov/Info/Forms/Complaint_form.pdf

[MBTH]

Thanks. I've already taken care of that today. I faxed it to them, but also dropped another Certified/ RR letter in the mail saying exactly that. Not sure what else I can do... everything I've read about this company tells me they'll likely ignore that, too.

BTW - the CA is trying to collect on a Capital One credit card account that has been charged off. It will be included in our BK petition, of course.

[tobee43]

don't even bother to call or send another letter....just go to the federal site and file a complaint against them.....

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

[MBTH]

Yup... did that, too. IN the letter I sent off to them again today I noted the FTC complaint.

[tobee43]

good...maybe if the federal trade commission gets enough complaints they may do something to move the violations to a more serious nature. this really has gotten out of had and although ( i doubt will ever happen), MUST be revamped.