What do I do with this 1 creditor?

[suzyqpug]

Hi All,
Well, I must say I am ready to strangle someone! LOL
I have soverign Bank calling me 4 times aday. They call and then when i go to talk they continue to cut me off everytime. They ask me a question and then as soon as i start talking they cut me off. I acutally yelled at them and said DAMNIT! Let me talk. And then they say well you are yelling and then they ask me another question and then I go to answer it and they immed. cut me off again. I told them they this is harrassment and they say no its not. I tell them that I am taping this and they say so are we and I say Good then you are digging yourself in deeper and deeper. What can i Do? Is this harrassment? I asked them numerous times not to call my husband in work and they continue to do this over and over again. And when he tells them that they say we will not the file. Now they called me this morning at exactly 8:52 a.m. I spoke to the girl and she again started in being nasty and a smart azz. She puts words in my mouth. Like she will say out of no where, so then you refuse to take the message for your husband. I never even said that. I acutally then said have a wonderful say and hung up. My blood is high to begin with i am on pressure meds. and this girl is just killing me slowly. What do I say to her next time she calls, which will probably be in the next few hours?

[One Half Full]

I'd just hang up and turn the ringer off. I mean, really, you don't need to say anything to them. From what I've read, they are trying to trick you into getting so frustrated that you end up admitting and promising things that they can use against you. It is a police technique. It is also psychological warfare. If the start calling your work, friends and family, you can prove harassment much more easily, I think.

When I had a phone, I always had the ringer turned off. It went streight to the answering machine. I let the answering machine vet my calls for me. I never, ever had to pick up for a sales person or anyone I did not want. Just pick up only for friends and family. These people do not need to talk to you at all. Right now, I have 2 numbers, one private, one I give to the creditors. Guess which phone I never answer? If you are able to give certain ring-tones to "frendlies" you should, that way you know when a creditor calls.

I'm just guessing. This is not the official word on it.

[Keebler]

I think you need to get thick skin or stop answering the phone. I talked with all of my creditors and I agree that some of the people calling were creeps. Fortunately, I was able to be a bigger creep in return and I was able to shut them down. The few times I was a big enough creep to get them to hang up on me, I really never heard from that person ever again.

You need to remember what it was like on the playground when you were five. If you get picked-on, and the person doing it could tell it was bothering you, you'd get picked on even more. If you made it no fun to be picked-on, they would move on and pick on someone else instead.

[aachudneymiles]

Hi All,
Well, I must say I am ready to strangle someone! LOL
I have soverign Bank calling me 4 times aday. They call and then when i go to talk they continue to cut me off everytime. They ask me a question and then as soon as i start talking they cut me off. I acutally yelled at them and said DAMNIT! Let me talk. And then they say well you are yelling and then they ask me another question and then I go to answer it and they immed. cut me off again. I told them they this is harrassment and they say no its not. I tell them that I am taping this and they say so are we and I say Good then you are digging yourself in deeper and deeper. What can i Do? Is this harrassment? I asked them numerous times not to call my husband in work and they continue to do this over and over again. And when he tells them that they say we will not the file. Now they called me this morning at exactly 8:52 a.m. I spoke to the girl and she again started in being nasty and a smart azz. She puts words in my mouth. Like she will say out of no where, so then you refuse to take the message for your husband. I never even said that. I acutally then said have a wonderful say and hung up. My blood is high to begin with i am on pressure meds. and this girl is just killing me slowly. What do I say to her next time she calls, which will probably be in the next few hours?

send them a cease and desist letter .. also ceritfed with return reciept. and in the letter tell them not to call your home or work as your husband is not able or allowed to get such calls at his employement .. you both sign .. in a matter fact I would fax it to them from like kinkos ,get the reciept from kinkos that something was faxed date time and number. then follow up by calling them and asking did they get your fax. NOW another call to your hubby's work or home is grounds to sue.

[ssdsco]

send them a cease and desist letter .. also ceritfed with return reciept. and in the letter tell them not to call your home or work as your husband is not able or allowed to get such calls at his employement .. you both sign .. in a matter fact I would fax it to them from like kinkos ,get the reciept from kinkos that something was faxed date time and number. then follow up by calling them and asking did they get your fax. NOW another call to your hubby's work or home is grounds to sue.

Does a cease and desist apply to original creditors ?

[MomIcantFindmy]

Yes that applies to anyone you tell to "cease and desist". I did that with an annoying creditor and have not heard a peep in a long time.

[aachudneymiles]

Does a cease and desist apply to original creditors ?

as mom said above .. yes I have done this too, soo many companies were calling my husband job .. they would even try to talk to co workers about my hubby debt.. I faxed the letter, called to see if they rec'd it wrote person name and ext down .. also recorded the call and that was that.

I said in the letter do not call my home- friends- my hubby job anyone, you may write me only at : ADDRESS blah blah,, and only discuss this matter in write with me

[treehugger1]

Many states do have debt collection laws that are more powerful than the FDCPA in that the state laws also refer to OC's. Check your state statutes or "rules." I live in oregon, and the Oregon debt collection statute also applies to the OC. The laws here apply to ANYONE attempting to collect on debt. Do your research for your state.

[no_it_all]

What can i Do?

Are you serious? Why don't you just hang up when they call?? Or better yet, just get a new number...

[FreshLikeADaisy]

Whether the FDCPA applies or not to any specific caller, the fact remains that anyone can write anyone a cease and desist letter, period. That, and as someone else pointed out, the FDCPA is not the only game in town: there may be other collection laws that also apply, local or state laws, and even garden variety stalking/harassment law. Take your pick. But at this point, Suzy's best option is to start with a cease and desist, sent certified, return receipt requested... and get caller ID and/or a second number. Good luck!!!

[aachudneymiles]

Hi All,
Well, I must say I am ready to strangle someone! LOL
I have soverign Bank calling me 4 times aday. They call and then when i go to talk they continue to cut me off everytime. They ask me a question and then as soon as i start talking they cut me off. I acutally yelled at them and said DAMNIT! Let me talk. And then they say well you are yelling and then they ask me another question and then I go to answer it and they immed. cut me off again. I told them they this is harrassment and they say no its not. I tell them that I am taping this and they say so are we and I say Good then you are digging yourself in deeper and deeper. What can i Do? Is this harrassment? I asked them numerous times not to call my husband in work and they continue to do this over and over again. And when he tells them that they say we will not the file. Now they called me this morning at exactly 8:52 a.m. I spoke to the girl and she again started in being nasty and a smart azz. She puts words in my mouth. Like she will say out of no where, so then you refuse to take the message for your husband. I never even said that. I acutally then said have a wonderful say and hung up. My blood is high to begin with i am on pressure meds. and this girl is just killing me slowly. What do I say to her next time she calls, which will probably be in the next few hours?

another thing I use to do.. When they call I would act soo silly they would hang up on me.. I know childish right ?..The hell with them getting the best of me.

My hubby use to pick up the phone and say bobs pizza lol they would hang up sooo quick .. or i would answer the phone hola!! and start speaking spanish ... haaaa ha it was so funny. I mean they call to mess with you soo bad your blood pressure gets high and you are ready to kill someone, JUST so you will pay them ITS THERE JOB.. dont let it go there.. get caller id dont anwser if nothing else, If you cant handle them calling. I use to love when they called, I also new my state laws... so i would mess with them more then they would or even could upset or mess with me .. I remember once This collection department of my OC called i pissed her off sooooooo bad she said hold on and put her boss on 3 way lol haaaahaaa it was like they had to tag team me.. and I messed with him more then I messed with her.. I mean what they going to do mess up my credit ohh honey we far beyond that. look if it not a lawsuit or garnishment its a collection game to get you pay.. Dont let it get to you like that.

But you have to have a recourse ---BK..or.to pay or something ..otherwise you mite get sued or garnished

[MomIcantFindmy]

This collection department of my OC called i pissed her off sooooooo bad she said hold on and put her boss on 3 way lol haaaahaaa it was like they had to tag team me.. and I messed with him more then I messed with her.. I mean what they going to do mess up my credit ohh honey we far beyond that. look if it not a lawsuit or garnishment its a collection game to get you pay..

That cracked me up.....I can just imagine it, (Yell's across the room to supervisor), "ya gotta hear this one!!" That just makes me laugh sooo hard.

I keep remembering what someone said to me once. The collector goes home each night and never thinks twice about you. Don't let someone mess with you until you are upset.

[MomIcantFindmy]

Not is does not does not apply. The FDCPA only applies to CA's.

That is so not true. Go read the collection thread with the FDCPA posted.

[ssdsco]

That is so not true. Go read the collection thread with the FDCPA posted.

Could you cut/paste or point to where FDCPA says it applies to orginal creditors ? I can't find it.

Thanks

[MomIcantFindmy]

Sorry, it depends on the state. My mistake. In the state we lived in last (Florida) the OC was required to follow FDCPA. Here is a listing of the states requiring OC's to follow FDCPA.

California, Washington D.C., Florida, Iowa, Maryland, Massachusetts, Michigan, New Hampshire, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, and Wisconsin.

Hope that helps.