Original creditor calling me at work!

[df04527]

Cap One is ruthless but they will eventually give up. Have you filed? That will stop them. C&D letter will not ... Save your stamp

[Freddy03]

Hi all,

CapitalOne has started calling me at work (I guess they are tired of talking to my google voicemail on do not disturb, lol). Anyway, for obvious reasons I don't want them calling here. Section 805(a)(3) of the Fair Debt Collection Practices Act says debt collectors can't call you at work if they know my employer prohibits such contacts. The two times they've called I've said repeatedly "I can't take personal calls at work, I can get fired, you'll have to call my cell phone." Unfortunately, my understanding is that since it is CapitalOne themselves who are actually calling me, and they are the original creditor, they do not count as debt collectors and therefore are exempt.

I wanted to send them a certified letter quoting the statute in hopes that'd force them to stop calling me -- will that work, or is my understanding correct? I'm screwed until/unless they farm out the debt to a third party? Anyone have any other ideas?

Thanks,
Mike!

I sent capital one a cert ceast and desist letter b/c they were calling me at work and I was quickly served with a summons 10 days later. Good Luck!

[CCsSuck]

Hi all,

CapitalOne has started calling me at work (I guess they are tired of talking to my google voicemail on do not disturb, lol). Anyway, for obvious reasons I don't want them calling here. Section 805(a)(3) of the Fair Debt Collection Practices Act says debt collectors can't call you at work if they know my employer prohibits such contacts. The two times they've called I've said repeatedly "I can't take personal calls at work, I can get fired, you'll have to call my cell phone." Unfortunately, my understanding is that since it is CapitalOne themselves who are actually calling me, and they are the original creditor, they do not count as debt collectors and therefore are exempt.

I wanted to send them a certified letter quoting the statute in hopes that'd force them to stop calling me -- will that work, or is my understanding correct? I'm screwed until/unless they farm out the debt to a third party? Anyone have any other ideas?

Thanks,
Mike!