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Genenco 10-31-2005, 04:05 PM Well, that's one reason why I REALLY hate giving out anything but basic calling/verify employment numbers...But, this was given with my permission. However, the call today left me a message that "You owe $1,000+ and we need a check" :blink:
Needless to say, I called the loan company and *****ed and moaned and complained and was treated VERY nicely..In fact, the caller who took my call, said "OMG That's a firing offense!" :blink:
Not to be nice, but I said I'd "Overlook" this incident, but now I cannot EVER be called at work because of this very message. They agreed to never do this (Yeah right, but I will hope this is true) and so, payment was made and so we're on our way. :clapping:
(Note: This company has a system called "Witness" which means they MAY call my employer to simply confirm what the caller said and then, they will (With great speed) escort the caller off premises. I don't know if it is true, but this "System" is something I'd wish other places would have") :clapping:
ahaff_92 11-02-2005, 02:30 PM The girl who answered the phone said the girl who called me was kind of rude.
She didn't say why she was calling...but they called just the same. TWICE!
I called her back when I got in but I didn't ask her not to call again. I thought if she did I would have my administrator ask her not to call anymore.
It'll all be over soon anyway. I go to court tomorrow and then again next week.
UGH!!! :cry:
Lightning 11-02-2005, 05:28 PM I believe there's a letter you can send that stops creditors from contacting you in any way other than via mail. If you're receiving calls at work or at home, that can be stopped. It just takes a little extra effort. Then you just need to check your mail to make sure you're notified of any legal actions.
BassBoy 11-02-2005, 06:29 PM Debt collectors are regulated by numerous state and federal laws in their debt collection activities. Most people know that debt collectors cannot abuse them on the phone or in writing--what many people don't know is that they have a lot of other legal rights, too.
Even if you owe the debt, or you cannot pay, you still have rights under the FDCPA. Most people owe the debt being collected but because of financial circumstances, or a dispute over the goods or services, they cannot pay it. This circumstance doesn't mean that a creditor can abuse you or threaten you on the phone or in writing.
For example, a debt collector cannot call you at work if they know that it is inconvenient for you or that your employer prohibits it. Debt collectors cannot tell others about your debts, like your next door neighbor or your co-worker. These are just a few of the numerous protections you have as a consumer. If a debt collector violates your rights, an attorney can help.
Steps To Take Immediately
* Save copies of all letters and notices from collection agencies .
* Save all phone messages and voice mails- this is very important!
* Make note of your conversations with these bill collectors.
* Call your consumer rights attorney to help you recover your damages.
Use a Collection Communication Log. It will standardize, simplify, and legitimize your claims against debt collectors.
Tape Recording Collection Calls
In 35 States and the District of Columbia, it is legal for one party in a phone conversation to secretly tape the conversation.
Your Right to Sue a Collector for Violations of the FDCPA.
You have the right to sue a debt collector within one year from the date you believe the law was violated. If you do not bring you lawsuit within one year of the violation, your claim will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered, statutory damages of up to $1,000 plus court costs and your attorney's fees.
Harassment Prohibited.
A debt collector may not use any language, communication or conduct to harass, oppress, or abuse any person. This includes prohibits on:
* Use threats of violence or harm to the person, property, or reputation.
* Advertise your debt or publish a list of consumers who refuse to pay their debts, except to a credit bureaus.
* Use obscene or profane language.
* Repeatedly use the telephone to annoy someone or ring the telephone constantly.
* Call people without identifying themselves.
Genenco 11-03-2005, 03:53 AM I believe there's a letter you can send that stops creditors from contacting you in any way other than via mail. If you're receiving calls at work or at home, that can be stopped. It just takes a little extra effort. Then you just need to check your mail to make sure you're notified of any legal actions.
Yep, that it true, however, I am not going to cut all contact with them as this is NOT how you would go about it if you wanted to keep vehicle/assets.
Continued contact keeps the lines open for "Negotiation" and that's useful...
And unless it's court action, no creditor/collections is going to let you know when they are coming to reposses items.:tongue:
(NOTE: I have changed my mind now. I just checked my bank account, sure enough, the SOB's sent the check electronically instead of how they said (By normal mail) so, I think I will send a "C&D letter" and let the scum go ahead and take the rig. They told me the payment wouldn't hit till Friday NIGHT at the earliest)
Further, Ch 7 here I come!
Genenco 11-03-2005, 03:55 AM Your Right to Sue a Collector for Violations of the FDCPA.
You have the right to sue a debt collector within one year from the date you believe the law was violated. If you do not bring you lawsuit within one year of the violation, your claim will be forever barred by a statute of limitations. If you win your lawsuit, you may recover money for the damage you suffered, statutory damages of up to $1,000 plus court costs and your attorney's fees.
That's one reason why the collection companies don't always follow the law..Too many hoops and not $$$ worth it...Make the penalties $10,000 per incident and you'll see them play fair and by the rules..
Genenco 11-03-2005, 04:50 PM (NOTE: I have changed my mind now. I just checked my bank account, sure enough, the SOB's sent the check electronically instead of how they said (By normal mail) so, I think I will send a "C&D letter" and let the scum go ahead and take the rig. They told me the payment wouldn't hit till Friday NIGHT at the earliest)
Further, Ch 7 here I come!
Good news! The bank kicked the check back and so, I have cash to pay other bills and damned if that car loan SOB's are getting one dime more. :yahoo: :yahoo:
I know they are trained to not believe anyone, but they obviously lied, so I guess I can doubt them unless they dance to MY tune! :yahoo: :yahoo:
Genenco 11-10-2005, 03:25 AM UPDATE:
Car loan company called. I didn't swear at them, nor was I nasty. I did point out I paid, they lied and now I'm $30 short due to them.
The caller was fustrated with management as they said "Well, of COURSE a check by phone is electronic! They LIED to you!"
So, she entered the informaiton I gave her, thanked me politely and hung up saying someone would call tomorrow about this.
Never once after talking to me, did she mentioned the other $900+ I owed...
Sometimes, those collection people are strange :)
Genenco 11-12-2005, 05:18 PM UPDATE:
Same thing this morning. Caller was upset with a "Supervisor" lying to me and so, again they dropped the demand for the $900+ and began dealing with the previous antics.
So, just letting them chase their tails for another couple of days...Till they finally get everything straightened out.
I love these people...And the best thing? I didn't lie one bit.
davids 12-04-2005, 01:48 AM Yep, that it true, however, I am not going to cut all contact with them as this is NOT how you would go about it if you wanted to keep vehicle/assets.
Continued contact keeps the lines open for "Negotiation" and that's useful...
And unless it's court action, no creditor/collections is going to let you know when they are coming to reposses items.:tongue:
(NOTE: I have changed my mind now. I just checked my bank account, sure enough, the SOB's sent the check electronically instead of how they said (By normal mail) so, I think I will send a "C&D letter" and let the scum go ahead and take the rig. They told me the payment wouldn't hit till Friday NIGHT at the earliest)
Further, Ch 7 here I come!
a few years ago when i got my car, I gave them 3 posted dated checks, one to be cashed about every 2 weeks, damn if they did not deposit the first 2 right away which bounced me right off the bat, but "legally" since they had the check they could also perform electronic withdraw, so they did that shit a few times, racking up my overdraft charges...
bottom line is, dont trust ****ing anyone, I would say not give checks out, because electronic machines can be used quickly, and surely not give your account info to anyone, they will sucker you ina min just to get their money.
Genenco 12-11-2005, 02:24 PM UPDATE:
Called by loan company, they asked "Well, what are you doing?" I said (Yes, I lied) that I was seeing a lawyer this Wednesday. They said "Oh, well it's too late for anything at this time" (regarding Ch 13 which I mentioned for S&G) and so I said "Well fine, come and get the rig"
Then they say "Well, could you pay $1567.00?"
"No, I can't"
"How about $589.00?"
"I think you fail to understand. My bank account is way negative and there's going to be a fight with them also as they'll be eating dirt. Plus, you still never refunded the $30 charge you cost me"
"Well, $30 isin't alot when compared to the larger amount"
"That's somewhat true as since you lied to me when you tried to put it in 1 day too early, so you have destroyed trust. And as such, I really am not too concerned with what you may do, will do or think of doing"
"Very well, we'll be in contact to make arrangements"
"Fine, like I said..Go for it...Sheesh!" (Click!)
Hee hee hee...If they only knew what my plans were...:D
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