Being Harassed....

[gonebroke4no]

Hello Tobee43,

Thank you for the input about the C & D letters. I guess I will still give them a try, because I really am amazed that it seems that 50% of the time, they do work for the people that have posted to this forum and another BK forum I belong to, yet I also have read 50% of the time that the C&D letters do not work. So I am just lost as to what I really should do . . . especially since having those letters certified cost so much more than the 44 cent letters. Yet I will at least send the 44 cent letters, and hope for the best.

I sure would like to know what is the secret to the C & D letters working, because I am just amazed when I read the postings that people post where their “certified” C & D letters DO NOT work and the “collection companies” STILL keep on calling . . . yet I do not know if that applied in the cases of the original creditors. So I guess it could have been the original creditors calling and disregarding the C & D letter. Yet in my case, it is the second string of collectors that are calling me.

[tobee43]

oh...and c/d do not work either....honestly....LOL...these guys do not care...i have an entire file full of c/d certified letters.....might as well just been trashed....call the ftc...

[tobee43]

Hi everyone! Hope you all had a great holiday.

I need some advice on how to handle this. Receiving phone calls from collection attorney for Case #3.

Little background on case #3:
Sued by Cap One
Answered summons
Went thru discovery phases (received nothing)
Went to court ordered mediation, at mediation the amount they had listed was about 1k LESS than what was stated on summons
Attorney was suppose to get me a complete breakdown of how they came to that amount - never received
Trial date set - 2 days before trial Cap One submitted a voluntary dismissal
Case Closed

Ok so last week I started receiving phone calls from Cap One's collection attorney (same one who sued). I got 3 phone calls and 3 voice messages on 12/20. I called them back and told them that they voluntary dismissed the case. The guy apologized and said he would update my records.

Well yesterday I received 3 more calls and 3 more messages. This time the message were a little threatening. Stating that they are going to take me to court, take my personal property and "wipe out" my bank account...lol

So I called back and explained everything once again and got hung up on...lol

I'm not sure what to do next. I'm still a little ways from filing. Any suggestions?

freddy...hope you had a great holiday!!!

PLEASE file a complaint http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre18.shtm


the sue thing is great sure...but you have to get an atty etc.....call the FTC....you can file the complaint on line or by phone...we did...it works because they are beginning to fine these people...

i did a blog on this subject matter because it's so terrible and people feel they are so trapped....http://www.bkforum.com/entry.php?367...OMPLAINT-TODAY!


it took me a few minutes on line and i tell you, i never heard from the creditors again....also i would mention it to your atty....even tho even a letter from the firm usually doesn't help either.

[gonebroke4no]

Thank you Frogger and Pavlikclan. I appreciate you both elaborating on this. It is very insightful, helpful, and good to know.

[pavlikclan]

Yes you can require them to stop contacting you by mail as well. What happens next? They call up the country courthouse and do a property search on you to try to find property to lien against or seize in a lawsuit. I was a skip tracer when I worked for them not a collector. I filled my days calling people with the same last name, last known phone numbers, employers, jails trying to locate debtors. If they can't be located the next step is to locate property. I am not certain how it worked after that but if I found property I noted it into the account and sent it to the office manager and she took it from there. I wasn't mean enough for them to do the collections part of the deal There were TONS of accounts though that went into charge off. If you demand they cease communication, you have no property, they may sue you or they may just charge it off, I also believe but I am not certain that they sometimes in the event of not being able to locate a debtor will basically cease looking for them for a few months and then start anew it seems like 90 days or something but I can't remember for certain it was a long time ago!

[frogger]

I know that they can not just sit on a defaulted account for ever once the debtor sends them a C&D letter. So I was just curious to know what tends to happen when the agency gets a C&D letter.

Sure they can. When a C/D letter is received, you cease communications, however the account should be monitored. At the time a C/D is received, an account should be examined for possible legal action. If there does not appear to be a verified source of income or property to attach, it could be shoved back for a few months. Rest assured however that is not "forgotten" about. It just get placed in the collectors and/or legal departments work for another day.

[gonebroke4no]

100 years ago prior to our first filing I worked at a Collections Agency. Our general rule of thumb was 3 calls per day. They cannot continuously call. I had a chat with the telephone company a few weeks ago about this very thing. I think they called my house like 15 or 20 times one day.. WTF? If you sent the letter certified mail they absolutely have to follow that letter. Without certified mail they could easily say they did not get it (same with a fax it got lost we didn't see it best bet is use certified mail then you have SOLID proof) If not they are breaking the law. This is nothing to joke about as a collector. Not only is the company liable (I think) but the person making the calls can also be held liable. I believe when I was training it was something to the tune of 30,000 dollars. (haha when someone tells me if I call someone when they don't want me to I can be sued for a huge sum of money I listen) When someone told us not to call them anymore even over the PHONE we took heed and stopped calling them just so there was no question. This was not only debtors but people we skip traced looking for others, basically anyone that said don't call we stopped calling!

Pavlikclan, out of curiosity, when you worked at the collections agency and received a C&D letter, were they usually for both Snail Mail AND telephone contact? If so, what would the agency do next? Based on what I have read in these forums, it seems that a debtor breaking off communication with the creditor or collector makes them mad and then gives them (the creditor or collection agency) no other option than to sue, since the debtor has closed the door on any options to try to resolve the matter out of court, and suing is their only option. Yet with your experience of working at a collection agency, I know that they can not just sit on a defaulted account for ever once the debtor sends them a C&D letter. So I was just curious to know what tends to happen when the agency gets a C&D letter.

[Freddy03]

Oh, you think that funny? Ever since Mrs. Menopause, I've suffered that affliction. EDIT: LOL (for my own welfare, she reads this stuff).

LoL!!

[Freddy03]

You are right, the C&D letter can be ignored if this is an original creditor. IF you have retained an BK attorney they should start calling him not you. It's up to your attorney to remind them of this. Unless your case was dismissed with prejudice, they have every right to keep calling and even sue you again. So letting your attorney handle the calls is the best way, other than ignoring them - the easiest solution.

Thanks

Yes this is what I plan on doing if they call again.

[frogger]

They cannot continuously call.

Sure they can. If you don't answer, that auto-dialer can just keep on keeping on.

[WhatMoney]

They received the C & D letter (sent cert mail) back in July. Because they are calling on behalf of the original creditor I don't believe they have to obey the C & D. I'm going to fax them another letter letting them know that I have retained a BK lawyer and to call them. Hopefully this will stop them from calling.

You are right, the C&D letter can be ignored if this is an original creditor. IF you have retained an BK attorney they should start calling him not you. It's up to your attorney to remind them of this. Unless your case was dismissed with prejudice, they have every right to keep calling and even sue you again. So letting your attorney handle the calls is the best way, other than ignoring them - the easiest solution.

[pavlikclan]

100 years ago prior to our first filing I worked at a Collections Agency. Our general rule of thumb was 3 calls per day. They cannot continuously call. I had a chat with the telephone company a few weeks ago about this very thing. I think they called my house like 15 or 20 times one day.. WTF? If you sent the letter certified mail they absolutely have to follow that letter. Without certified mail they could easily say they did not get it (same with a fax it got lost we didn't see it best bet is use certified mail then you have SOLID proof) If not they are breaking the law. This is nothing to joke about as a collector. Not only is the company liable (I think) but the person making the calls can also be held liable. I believe when I was training it was something to the tune of 30,000 dollars. (haha when someone tells me if I call someone when they don't want me to I can be sued for a huge sum of money I listen) When someone told us not to call them anymore even over the PHONE we took heed and stopped calling them just so there was no question. This was not only debtors but people we skip traced looking for others, basically anyone that said don't call we stopped calling!

[chicagoannie]

Oh, you think that funny? Ever since Mrs. Menopause, I've suffered that affliction.

Bahahahaaaaa....you two crack me up!

[AngelinaCatHub]

<snort!> Hahahha - "conjugal interuptus" tee hee!

Oh, you think that funny? Ever since Mrs. Menopause, I've suffered that affliction. EDIT: LOL (for my own welfare, she reads this stuff).

[chicagoannie]

Hey Freddie, my friend, you got an issue to sue them. As you sent a letter, the Judge had to have signed off on the voluntary dismissal, you can sue them. I would write a C&D letter again, with a list of what had happened by date, and Court case number with a very mild, "if this ever happens again I shall hire [put down the biggest Shark on your radio looking for easy money] to represent me in a harassment, failure to abide by F[can't remember the letters] rules, as well as conjugal interuptus [a charge I made up], and take them to task. 'Hub

<snort!> Hahahha - "conjugal interuptus" tee hee!