Harassed at work!

[BK4ThisDummy]

What is the name of your state?What is the name of your state? CO

hi all,

I have been getting called at work by a collections agency (anybody know Atlantic Financial and Credit?) regarding a cc debt charged off in 2003. I know that I probably owe the debt and am within Colorado's SOL. I am preparing to file BK and just want to be left alone until the real misery hits.

However, these people call me literally every 15 minutes, but I let my voicemail pick up the call in the office. I have no idea how they got my office number as I have never given it out to anybody other than my family, not even my bank has this number. Well, I had one of the office receptionists answer the phone on the their last call of the day today to inform them that I was indeed employed there, but that my company does not allow personal business to be discussed over business lines and to never call back. They promptly called right back through the office switchboard so that I couldn't see them on the caller ID! Can you believe this BS? Once again my friend in reception picked up the phone and she got really stern with the collector. The collector had the audacity to ask her for my home telephone number after all that! Isn't all of this some kind of violation of the law?

I was under the impression that once they confirmed employment and were told not to call a place of business, or other third paryt, that they had to go way. And to ask a fellow employee for my home telephone number???

Needless to say a cease and desist letter is going in the mail tomorrow, but isn't there a way I can nail these SOB's in the meantime. I can't even answer the phones to see if my clients are calling in fears that it might be THEM. This has become a real impediment to my work and my business.

Thanks!

 

[Debt Guy]

Q. have been getting called at work by a collections agency (anybody know Atlantic Financial and Credit?) regarding a cc debt charged off in 2003. I know that I probably owe the debt and am within Colorado's SOL. I am preparing to file BK and just want to be left alone until the real misery hits.

A. Atlantic is just another collection agency.

Q. However, these people call me literally every 15 minutes, but I let my voicemail pick up the call in the office.

A. Not illegal. As a rule of thumb, they can only speak with you once per day -- but if all they are doing is attempts, then they are not in violation.

Q. I have no idea how they got my office number as I have never given it out to anybody other than my family, not even my bank has this number.

A. There are many ways to get phone numbers. Your number is out in the public somewhere. There is nothing illegal about them finding your phone number. If there is anyone in the public who knows where you work, finding the phone number is easy. It is called skip-tracing.

Q. Well, I had one of the office receptionists answer the phone on the their last call of the day today to inform them that I was indeed employed there, but that my company does not allow personal business to be discussed over business lines and to never call back. They promptly called right back through the office switchboard so that I couldn't see them on the caller ID!

A. A request to not call at work cannot be delivered verbally and certainly cannot be delivered by anyone other than you (or your attorney). You must write a letter to the creditor and advise them that your employer does not allow personal phone calls and that they may never again call you at work.

Q. Can you believe this BS? Once again my friend in reception picked up the phone and she got really stern with the collector. The collector had the audacity to ask her for my home telephone number after all that! Isn't all of this some kind of violation of the law?

A. No. They are allowed to attempt to make contact. They are allowed to ask questions of third parties in an effort to identify and contact you. They cannot discuss your debt with a third party.

Q. I was under the impression that once they confirmed employment and were told not to call a place of business, or other third paryt, that they had to go way. And to ask a fellow employee for my home telephone number???

A. Not illegal. They understand the law better than you do. That is one of the weapons they have over you.

Q. Needless to say a cease and desist letter is going in the mail tomorrow, but isn't there a way I can nail these SOB's in the meantime.

A. Nail for what? You are not giving them the chance to violate because you won't talk to them. If you want to be a thorn, go down and buy a tape recorder -- the kind that fits between your deskset and the handset -- and just start taping their calls. Maybe they will say things they should not say and then you have some leverage. But, you can't get leverage if you won't talk to them. By the way, send the cease & desist via certified mail so you have proof of delivery. Even after they receive the C&D, they are still allowed to contact you but only for very limited reasons which are outlined in the FDCPA (which you can read and download at www.ftc.gov).

Q. I can't even answer the phones to see if my clients are calling in fears that it might be THEM. This has become a real impediment to my work and my business.

A. Why are you so afraid of answering the phone? If it is someone you don't want to talk to, just say, "I can't talk to you right now" and hang up. There is no law that says you can't hang up. Do you think you are going to hurt their feelings?

If you are sure you are going to file BK, then just tell them so. If you have the name of your BK attorney, give them his name and phone number and you'll never hear from them again.

I am not trying to be a smarty-pants with you. Be practical and keep a calm head -- they win when they get under your skin. What could be more important that running your business and taking care of your clients?

 

[Shrike1070]

Good advice

Thanks Debt Guy. That is actually the kind of informative knowledge I also needed to learn in order to proceed with my situation. Your points are well taken and I didn't sense any condescension in your reply to BK4. Everything was based on the points of fact in the law.

If he/she is going to file BK, why not just tell them. Or better yet, just send the C and D and be on with it. In the meantime, continue to screen your calls.

 

[ablessin]

writing

Yes - send them a letter w/ret receipt request so that you KNOW thay they got your letter in their dirty little hands.
Tell them, they are putting your job at risk (even if it's not true)

Answer your phone, and if it's them then HANG UP. Within a day of them getting your letter the calls at work MUST stop, so you'll only have to deal while the letter is in route from you to their office.

Good luck