*&%#&*%$# Collection Agency!

[epiphany]

I am being hounded by a credit collection agency. I called this credit agency last week and told them they could not contact third parties or my employer. They had already contacted my sister in law. I sent a cease and desist letter on Saturday (still allowing them to contact me directly by mail.

Today I get an email from my supervisor (I am working off site right now) with their number and the name of the person who called me. I call them back and I don't get her BUT I get the same person I talked to last week. I explained what happened and that I had already informed him that they could not contact my employer or other third parties. He told me that the girl who called me was new, had only been with them about a week and a half, and had made a mistake. ACK! A lie, I am sure. They have not received my letter yet, but I thought in California, that if you told them that they could not contact your employer because you were not allowed to receive phone calls at work, that they could not contact you at work! So, did they VIOLATE??????? What's your take?

Thanks,
EP

[BearChaser303]

I cant answer your question, but was wondering if you would be willing to share the name of the collection agency?

[epiphany]

I cant answer your question, but was wondering if you would be willing to share the name of the collection agency?

Sure. CCB Credit Services...they are in Springfield Illinois.


I am also curious as to whether they own the debt or not. If I pay, they want the payment to go to them, but I just received a bill today from the original creditor. (HBSC)

EP

[LadynRed]

I called this credit agency last week and told them they could not contact third parties or my employer.

Technically, per the FDCPA and CA law, they must abide by the verbal request. However, 99% of them will ignore it unless it's in writing. Your C&D letter should do the trick, but they still might violate that, most believe they can get away with it.

In addition, there is no such thing as a 'partial' or 'limited' C&D, under the law, it's all or nothing.

[Rintaro]

Does C&D protect you if there is a judgement? What Power or benefit does it have if there is a Judgement.

If sending a C&D to a creditor who has not filed suit won't a C&D prompt them to go forward with a law Suit?

[epiphany]

In addition, there is no such thing as a 'partial' or 'limited' C&D, under the law, it's all or nothing.

Thanks Lady.

So, if told them to refrain from calling me or anyone else, but told them that they could contact only me in writing, could that make my entire cease and desist void?

Curiously I didn't get a phone call from them today..yet...but USPS does not yet show that they have received my letters.

A couple more questions I have for anybody out there: I sent them both a validation request and a cease and desist in two seperate envelopes. Could I have sent these both in one envelope, or do you think they could say that they never received one or the other?

Also, has a credit agency ever refused to sign for a letter that you know of? Just a wondering.

EP

[epiphany]

Does C&D protect you if there is a judgement? What Power or benefit does it have if there is a Judgement.

If sending a C&D to a creditor who has not filed suit won't a C&D prompt them to go forward with a law Suit?

I can't answer your first questions, maybe someone else on here can.

In reply to your last question, yes, I would think sending a cease and desist could poke the tiger....I thought of that too. Whether it will or not is anyone's guess but since I plan on filing at the end of this month or beginning of next, I am not worried about it. My main concern with the cease and desist is that they do not contact third parties...that is very important to me.

I am curious as to how long after they send you a validation they can put litigation in motion though if anyone knows.

Thanks,
EP

[treehugger1]

I have had success in sending a return receipt cease and desist letter informing CA's they can only contact me by mail. In general, I have discovered that the CA stops contacting you via any method.

There is a great deal of talk on this board and others with regard to "no such thing" as a limited cease and desist, but if you have a return receipt from a letter informing the other party that they cannot contact you at home or work via telephone, they legally must cease and desist on such medium. I see no harm in allowing someone to contact you via mail only. A return receipt clearly establishes that you have requested no phone contact.

Of course, once you apply the C&D you may only harm yourself in that you won't see other legal action coming until you are served.

[epiphany]

Of course, once you apply the C&D you may only harm yourself in that you won't see other legal action coming until you are served.

Understood, thanks Treehugger. Again, not worried about it because they will definitely not have enough time to follow through with a suit before I file...even if I am served. I can handle being served. Couldn't handle being garnished though, definitely not.

EP

[allavdj]

There is also the possibility that the amount owed may not be enough to warrant any garnish/levy. Cingular turned over my account to Financial Asset Management who in turn called everybody under the sun with my last name and called myself and my parents literally 15-20 times a day...over about 500 bucks. I sent them a C&D letter and haven't heard a peep for about 2 1/2 months now. My situation is a little different as I don't have a bank account (my wife does though, but my name isn't anywhere on it) and I'm self employed.

Anyways, you may "wake the sleeping tiger" or you may just force them to stick your file at the bottom of the stack until they can sell it off to some other bottom feeder.

[AboutToBK13]

In addition, there is no such thing as a 'partial' or 'limited' C&D, under the law, it's all or nothing.

[LadynRed]

Does C&D protect you if there is a judgement? What Power or benefit does it have if there is a Judgement.

No because they have many means of legally enforcing the collection of the judgment. If you send them a C&D, they'll just turn around and seize your bank account or garnish your wages.

If you inform the collector, that it is inconvenient to receive phone calls however, receiving mail via the USPS is ok, doen't that equate to a "limited C&D". I have done this with success and other forum boards recommend it as well.

Technically, the C&D means ALL CONTACT. Once you tell them they can contact you by mail, you're not really telling them to cease and desist. The part about no phone calls at work or 'inconvenient times' at home holds water for SOME times. It can't be inconvenient 24/7 when you're at home that's not reasonable and not what the law was intended to do.

[treehugger1]

This is an interesting dialogue on this thread. I'll add some more insight via expereince speaking with legal counsel. If you send a CA (Or even an original creditor in Oregon) a return receipt (or record your phone call) telling them to cease all telephone communications, they MUST do so. The first time they violate your request is probbaly no big deal, but the second or third time opens them up for all kinds of violations, even if you left the "door open" for USPS mail communication. Your request for no telephone contact must be honored. I'm guessing that this is why most CA's will discontinue all communications under a legitimate C&D.

[LadynRed]

Of course, state laws will enter into the mix, some states have (thankfully) stricter measures than the FDCPA itself. Under the FDCPA, they must honor the no calls at work once you tell them so. No calls, ever, at home, isn't reasonable as no one is ever going to believe that every hour of the day, every day, is 'inconvenient'.

[treehugger1]

The FDCPA also states:

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --


(1) to advise the consumer that the debt collector's further efforts are being terminated;


(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or


(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.


If such notice from the consumer is made by mail, notification shall be complete upon receipt.

This is the more powerful cease communication language in the FDCPA.