I talked to B of A yesterday and told them I had no money to pay them

[treehugger1]

BOA was pretty good with me. They gave me 5 year payoff plans with sub-2%inteerest. I have to say they were willing to work with me, however, once everyone would not work with me and a few suits began, I had to even let these agreements go. Now that wage garnishment is around the corner, everyone must get in line. I will not discriminate against anyone (LOL). Line up and wait your turn. Eventually, I may have to file, but in the meantime...

As far as the FDCPA and calls, the law DOES NOT refer to original creditors. You may have some state laws that you can use to protect you from creditors. But, the FDCPA does not apply to the original creditor. Once the account goes to collections, then you have the legal power of the FDCPA.

BOA waited until after the charge off to send and/or sell my accounts to CA's. They sometimes sell the accounts to "Collect America." These folks can be ruthless, and if you think calling was bad from BOA, wait untill Collect America gets your account.

I'm not rtying to be discouraging, but a few calls a week from BOA is really nothing.

Prepare seom cease and desist telephone communication letters, and once your accounts go to collection companies, send these letters out return receipt (green card) US mail. Eventually, your account(s) will be sent to another CA or regional law firm. At that point you will need to send out new C&D letters.

Best to you.

[jktrading]

I know what you mean, B & A keeps calling my wife's work. Which she blames me for so. I have to keep paying the 230 a month till we retain a BK lawyer. I talked to them at home and tell them we trying, but then they call her at work, then she makes me pay them, because she is embarressed getting the calls at work.

Use the law against them as previously discussed. Don't take that from them! They do it because you're playing their game.

[jktrading]

BOA was pretty good with me. They gave me 5 year payoff plans with sub-2%inteerest. I have to say they were willing to work with me, however, once everyone would not work with me and a few suits began, I had to even let these agreements go. Now that wage garnishment is around the corner, everyone must get in line. I will not discriminate against anyone (LOL). Line up and wait your turn. Eventually, I may have to file, but in the meantime...

As far as the FDCPA and calls, the law DOES NOT refer to original creditors. You may have some state laws that you can use to protect you from creditors. But, the FDCPA does not apply to the original creditor. Once the account goes to collections, then you have the legal power of the FDCPA.

BOA waited until after the charge off to send and/or sell my accounts to CA's. They sometimes sell the accounts to "Collect America." These folks can be ruthless, and if you think calling was bad from BOA, wait untill Collect America gets your account.

I'm not rtying to be discouraging, but a few calls a week from BOA is really nothing.

Prepare seom cease and desist telephone communication letters, and once your accounts go to collection companies, send these letters out return receipt (green card) US mail. Eventually, your account(s) will be sent to another CA or regional law firm. At that point you will need to send out new C&D letters.

Best to you.

I always thought the calling of your work was covered no matter who was pursuing the debt?

[treehugger1]

Section 805 (3) refers to debt collectors. If you read the FDCPA, you will note that there is a distinction between a creditor and debt collector.

In a few states, there are statutes that do not distinguish between the two.

If you go to the ftc.gov website, you can explore this in more detail, including formal opinions of the commission.

[santadawg]

thanks for your help, Ill try that next time they call

[justbroke]

Section 805 (3) refers to debt collectors. If you read the FDCPA, you will note that there is a distinction between a creditor and debt collector..

And a Debt Collector is anyone who attempts to collect a debt.

[treehugger1]

I won't go into the details here, but the FFCPA states:

[Section 803(6)] The Section defines a "debt collector" as someone who "... regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another"

It is the "owed or due another," that forces the distinction.

In other words the collection must be on behalf of another party. Hence, a debt collector is "third party." The original creditor is not third party.

Hence, a creditor collecting on their own debt is not a "debt collector" under the FDCPA definition. But, again, there are a few states that define a debt collector as anyone attempting to collect on a debt.

Hopes this helps clarify things.