INCESSANT PHONE CALLS AND FED UP!!!
Complaint
MONIQUE LACROIX
Country: Canada
If I get another phone call from this unscrupulous and bullying company I will sue the damn hell out of them!!! They are trying to collect a debt that dates back to 1999 - can you believe this? I'm going to find out everything I can to go after them. This is illegal, calling on a Sunday evening! They claim to have the right to do so...let me just say, your rights stop where my nose starts and you're not far from it! I'll find out where you are and where you're calling from. Then watch out, I'm coming after you with legal papers, this is not a threat, it's a promise I intend to follow through on.
Call me just one more time and that's your ass!!!
Call me just one more time and that's your ass!!!
Comments
They are trying to intimidate people into paying without any proof, which they might not even be able to obtain. In addition, they may be trying to coerce a small payment, that they might later claim resets SOL, so they could now sue. Basically, they play a little game of "chicken", depending on most consumers not knowing their rights.
Box them in, and set them up for violations of FDCPA or FCRA, so that through a credible lawsuit or threat of one, they have incentive to "settle" and permanently go away.
Do it in writing, mail everything certified return receipt requested, and keep copies of everything, since the end game may be in court.
Keep a log documenting all calls and violations, for later use if you have to sue.
Once they contacted you, they had 5 days to mail you a letter notifying you of your right to dispute the alleged debt. If they failed to do so, they violated FDCPA, and you can sue them.
If you have received a bill from them, send a letter, mailed certified return receipt requested, disputing the alleged debt, and requesting that they obtain proof from the original creditor and send it. Include in your letter that they should contact you only by mail, and that it is inconvenient to receive their phone calls at any time.
If you send that letter within 30 days of receiving their first letter, and they continue to collect and demand payment without first obtaining and sending proof, they would be violating FDCPA, and you can sue them. Also, if they continue to call you, after your notice, you hava another FDCPA violation, and you can sue them.
Even if you haven't received anything from them, send them a dispute letter, mailed certified, indictaing that they have been repeatedly harassing you with phone calls, that you have received NO letters from them, and that you are disputing the alleged debt. Add that they should contact you only by mail, and that it is inconvenient to receive their phone calls at any time.
You have documented their failure to send a "g" letter within 5 days, for which you can sue them, and you also establish that your letter is within the 30 day FDCPA dispute period that requires they cease all collections until they send proof. Again, if they continue to harass you by phone, or dunn you, you can sue them.
After confirming their receipt of your dispute letter(s) via your certified return receipt or USPS website, and then determining that this alleged debt is past SOL so they cannot legally sue, you can send a "cease communications" letter, again mailed certified, return receipt requested, notifying them to cease all communications. After receiving that letter, FDCPA no longer permits them to communicate with you to demanding payment. They could still notify you that they are ceasing collection, or that they are suing (that's why you first determine it's past SOL), or to send you validation, but if they demand payment, you can again sue them for violating FDCPA.
It is illegal to report negative information on credit reports over 7.5 years after the initial date of delinquency. If they are reporting an alleged debt this old on your credit reports, send a written dispute to the CRA. If they erroneously "verify", you can sue them for violations of FCRA.
FDCPA and FCRA allow you to sue for damages (in your local state or federal court) and also allow courts to award attorney fees if you win, so you can often find attorneys who take these cases on contingency.
You might try www.naca.net to find an attorney in your state.
A number of debt collectors are becoming known for crossing the line on harassing or abusive collection, and you are looking for an attorney who is already familiar with what they are up to.
Although you might have the time and skills to sue debt collectors, if you have a strong case, you might still be better off retaining an attorney to handle it, as the added costs of attorney fees might shift the balance of negotiation toward a prompt resolution, while if you handled it yourself the perp collection agency might instead just assume they can probably buffalo you in court, and even if you win, they won't have to pay for your time.
Why give them a "discounted" settlement?
Better to let an attorney do what they do, even if the damages collected are the same.