Discover Card

[Chicken123]

Can I send a sieze letter to Discover card, if my bankruptcy filing is going to e 2-3 months out from now? They are the only ones who keep harassing me at work, and it's really starting to make my boss mad...he has even told them that I am not allowed to receive personal phone calls, but they just keep calling anyway.

[JoeBankrupt33]

If you tell them in writing not to call your work, then they are not allowed to call.

[Chicken123]

Thank you, for answering back so quickly...I will set down tonite and fire them off a letter.

[hamburgervol]

Have you told them when they call that your employer does not allow you to receive such calls at work? Also and tell them..

"The Fair Debt Collection Practices Act requires that you stop phoning me at home and at work once I request that you do so. I intend to send you a certified letter tomorrow putting my no contact request in writing. If you continue to phone me, then I will file a complaint with the FTC and the attorney general.

Also tell them they are jeopardizing your job if they call you once more. If you loose our job because of their calls you'll be force to file a civil suit for lost wages."

[DownNotOut]

Actually, Fair Debt doesn't apply to the original creditor, but only to collection agencies. If the account is still with Discover and it is them who is calling you, you can tell them all you want to stop calling you, but they won't. A cease and desist letter also will not work on the original creditor.

[hamburgervol]

Actually, Fair Debt doesn't apply to the original creditor, but only to collection agencies. If the account is still with Discover and it is them who is calling you, you can tell them all you want to stop calling you, but they won't. A cease and desist letter also will not work on the original creditor.

Could you please provide proof for your statement. I do not see this in any of the FTC rules. The FTC merely states creditor.

[flnybk]

american express tried to tell me that. I was on hold and transfered for 40 minutes one night through several workers and supervisors who kept telling me that they were allowed to call me until file date....long story short I found the right supervisor that said that they wouldn't call anymore. never heard from them again.

[DownNotOut]

Could you please provide proof for your statement. I do not see this in any of the FTC rules. The FTC merely states creditor.

Go to the collections forum and read the stickies there. That's where I got the information from. And I have read many posts from other members to that effect.

Here's a post from HHM on the subject. Note the definition of "debt collector" is third party. Specifically,

"The term does not include --
(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;"

http://www.bkforum.com/showthread.php?t=946

[DownNotOut]

american express tried to tell me that. I was on hold and transfered for 40 minutes one night through several workers and supervisors who kept telling me that they were allowed to call me until file date....long story short I found the right supervisor that said that they wouldn't call anymore. never heard from them again.

Yes, they actually are allowed to call (see previous post), but what I think happened in your case is that the supervisor decided not to because you already told them you were filing bk and maybe they didn't see the point.

[walkthaplank]

It depends on your state. Some states treat original creditors attempting to collect debt like third party collection agents.

[hamburgervol]

any person any offcer or employee of a creditor while, in
the name of the creditor, collecting debts for such
creditor; any person collecting or attempting to collect any
debt owed or due or asserted to be owed or due
another to the extent such activity

[DownNotOut]

So you used the same quote I did. It does NOT include "(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;"

I'm not sure what point you are trying to make. But, rest assured, my creditors are still calling me every day at least 20 times, and nothing I say will get them to stop. Maybe you could read in the collections forum and see what I am talking about. But, then again, what do I know?

[hamburgervol]

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt

[DownNotOut]

Yes, but a debt collector is not considered the original creditor as already established. But if the OP wants to send a cease & desist letter to Discover they can. I'm just saying, don't be surprised if it doesn't work.

[2Bshinyandnew]

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt

see:

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

So when a collection agency is assigned, or has purchased, your debt, they are NOT the creditor. They are the debt collector and the actions they take are all governed by the FDCPA.