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Insulting Collection Calls
- Thread starter chilibill
- Start date
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I AM ALWAYS LIABLE
Senior Member
chilibill said:
My response:
Yes.
IAAL
I AM ALWAYS LIABLE
Senior Member
Re: How Do I Do It?
My response:
Understand - - I am a "conservative", so I'm going to tell you the simplest method. Since your signature on the written contract is your "bond", and your "bond" is important to you and something that tells the world that you're a trustworthy person in this life, then you pay your debts as you have promised. That's how you stop the calls.
I am not going to tell you if there's a way to "get out" of your "just" debts.
IAAL
chilibill said:
My response:
Understand - - I am a "conservative", so I'm going to tell you the simplest method. Since your signature on the written contract is your "bond", and your "bond" is important to you and something that tells the world that you're a trustworthy person in this life, then you pay your debts as you have promised. That's how you stop the calls.
I am not going to tell you if there's a way to "get out" of your "just" debts.
IAAL
It seems IAAL is being a bit prickly today.. LOL
To stop the calls, you need to send the collection agency a Cease and Desist letter. In the letter you tell them that they are not to contact you by phone any more, ONLY by mail. By law, they MUST comply. If they continue after they get your letter, they are in violation of the Fair Debt Collections Practices Act (FDCPA) and can be sued for such violations.
You need to read the FDCPA and get familiar with what it says about what a collection agency can NOT do and what you CAN do to deal with them. Go to www.ftc.gov, then Consumer Protection, Credit, then look for the FDCPA links and read up.
Sample letters can be found at www.creditnet.com under Discussions.. register (free) and copy the letters. Others can be found at www.creditinfocenter.com and www.faircreditmovement.org.
ALWAYS send any communication to a CA certified mail, return receipt requested and keep all the receipts for your records. Document everything..names, dates, times.. especially abusive calls and get their mailing address so you can mail the C&D letter.
These scum count on the debtor not known his/her rights and the laws. I'd keep a copy of the FDCPA, section on Harrassment and abuse, near the phone and when they call again and start being vile, quote the ACT to them.. they will either back off, shut up or some even HANG up on you !! They don't like it when we fight back
To stop the calls, you need to send the collection agency a Cease and Desist letter. In the letter you tell them that they are not to contact you by phone any more, ONLY by mail. By law, they MUST comply. If they continue after they get your letter, they are in violation of the Fair Debt Collections Practices Act (FDCPA) and can be sued for such violations.
You need to read the FDCPA and get familiar with what it says about what a collection agency can NOT do and what you CAN do to deal with them. Go to www.ftc.gov, then Consumer Protection, Credit, then look for the FDCPA links and read up.
Sample letters can be found at www.creditnet.com under Discussions.. register (free) and copy the letters. Others can be found at www.creditinfocenter.com and www.faircreditmovement.org.
ALWAYS send any communication to a CA certified mail, return receipt requested and keep all the receipts for your records. Document everything..names, dates, times.. especially abusive calls and get their mailing address so you can mail the C&D letter.
These scum count on the debtor not known his/her rights and the laws. I'd keep a copy of the FDCPA, section on Harrassment and abuse, near the phone and when they call again and start being vile, quote the ACT to them.. they will either back off, shut up or some even HANG up on you !! They don't like it when we fight back
I AM ALWAYS LIABLE
Senior Member
My further response:
What Ladynred forgot to tell you is that as soon as the creditor receives your "no contact/communication" letter, that's when the lawsuits begin against you.
IAAL
What Ladynred forgot to tell you is that as soon as the creditor receives your "no contact/communication" letter, that's when the lawsuits begin against you.
IAAL
I AM ALWAYS LIABLE
Senior Member
Ladynred said:I never said, 'no contact', I said no contact BY PHONE !! They can mail themselves to death forever
My response:
Don't get huffy with me, young lady!
You're imparting errant information. Refamiliarize yourself with the FDCPA, where it says, and I quote - -
Section 803(2) defines "communication" as the "conveying of information regarding a debt directly or indirectly to any person through any medium."
1. General. The definition includes oral and written transmission of messages which refer to a debt.
An attorney debt collector may take legal action within 30 days of sending the required validation notice, regardless of whether the consumer disputes the debt; if the consumer disputes the debt, the attorney may still take legal action but must cease other collection efforts (e.g., letters or calls to the consumer) until verification is obtained and mailed to the consumer.(19)
19. Section 809(a), comment 8.
So, when she sends out her "No Contact" letter, that includes ALL forms of communication, including letters.
My opinion stands.
IAAL
Huffy ??? Not... I was merely restating what I've read hundreds of times on more than one credit board.
I understand your point, but doesn't stipulating cessation of contact "BY PHONE" still give them the ability to communicate .. they just have to put up with SNAIL MAIL ONLY ????
She asked if there was a way to stop the insulting calls.. you wouldn't answer, so *I* did. My personal remedy is to not answer the phone at all, let them talk to my pc answering machine until they're blue ! I'm rarely home so I don't have to listen to it ring, and if the caller ID says 'unknown' I won't even listen to the message ! I refuse to talk to these scum and so should everyone else, especially if they can't obey the laws and be civil. If they start in on me, I WILL give them back their same medicine.. and they don't like it much !
Young Lady ?? ROFL .. that's nice IAAL.. but I'm most likely older than you are
I understand your point, but doesn't stipulating cessation of contact "BY PHONE" still give them the ability to communicate .. they just have to put up with SNAIL MAIL ONLY ????
She asked if there was a way to stop the insulting calls.. you wouldn't answer, so *I* did. My personal remedy is to not answer the phone at all, let them talk to my pc answering machine until they're blue ! I'm rarely home so I don't have to listen to it ring, and if the caller ID says 'unknown' I won't even listen to the message ! I refuse to talk to these scum and so should everyone else, especially if they can't obey the laws and be civil. If they start in on me, I WILL give them back their same medicine.. and they don't like it much !
Young Lady ?? ROFL .. that's nice IAAL.. but I'm most likely older than you are
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I AM ALWAYS LIABLE
Senior Member
Originally posted by Ladynred
". . . but doesn't stipulating cessation of contact "BY PHONE" still give them the ability to communicate .. they just have to put up with SNAIL MAIL ONLY ????"
=======================================
My response:
NO! And I don't care how many times you've said otherwise.
Even if our writer says in her letter "by phone only", the law states that "[the collector] may still take legal action but must cease other collection efforts (e.g., letters or calls to the consumer) . . ."
I guess you didn't read that part.
Oh, and one last item . . . unless you can say that Charles Lindberg and Amelia Earhart are among your contemporaries, then I'm probably a lot older than you are. I can't, but I would have liked to, and to have known them. But, I'm probably older than you. My knuckles and hands are gnarled by arthritis, and I usually have to tuck in certain body parts every morning.
IAAL
". . . but doesn't stipulating cessation of contact "BY PHONE" still give them the ability to communicate .. they just have to put up with SNAIL MAIL ONLY ????"
=======================================
My response:
NO! And I don't care how many times you've said otherwise.
Even if our writer says in her letter "by phone only", the law states that "[the collector] may still take legal action but must cease other collection efforts (e.g., letters or calls to the consumer) . . ."
I guess you didn't read that part.
Oh, and one last item . . . unless you can say that Charles Lindberg and Amelia Earhart are among your contemporaries, then I'm probably a lot older than you are. I can't, but I would have liked to, and to have known them. But, I'm probably older than you. My knuckles and hands are gnarled by arthritis, and I usually have to tuck in certain body parts every morning.
IAAL
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I read everything you wrote. Do you have to be so cantakerous ?? The biggest problem here is your "lawyer" attitude that everyone should be able to read the law and decipher legalese, well.. they can't. I worked in litigation support for many years for a consulting firm, I learned a lot, more than most 'lay people' do, but trying to figure out the EXACT interpretation of these twisted legal documents is very difficult. I guess I'm going to have to plead a lack of a legal education such as yours.. I still don't quite understand how the section you quoted equates to saying 'no phone calls' = NO CONTACT AT ALL... sorry.
Your information and background is valuable here.. but your somewhat nasty attitude towards people with problems isn't helpful. I'll accept that I'm wrong, but enlighten me.. stop yelling at me. If someone tells me I'm wrong, fine, but then tell me WHY and if you can, explain it .. please. The 'because I said so' response didn't work when I was 5 and it STILL doesn't work 40+ years later
Charles Lindberg and Amelia Earhart ?? You're right.. their not my contemporaries.. but that would make you about my mother's age.. and she turned 84 last Saturday. However, I'm no spring chicken either... 
Your information and background is valuable here.. but your somewhat nasty attitude towards people with problems isn't helpful. I'll accept that I'm wrong, but enlighten me.. stop yelling at me. If someone tells me I'm wrong, fine, but then tell me WHY and if you can, explain it .. please. The 'because I said so' response didn't work when I was 5 and it STILL doesn't work 40+ years later
Charles Lindberg and Amelia Earhart ?? You're right.. their not my contemporaries.. but that would make you about my mother's age.. and she turned 84 last Saturday.
However, I'm no spring chicken either...
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I AM ALWAYS LIABLE
Senior Member
Originally posted by Ladynred
"Do you have to be so cantakerous ?? The biggest problem here is your "lawyer" attitude that everyone should be able to read the law and decipher legalese . . . but your somewhat nasty attitude towards people with problems isn't helpful."
=========================================
My response:
Yeah, yeah. Well, bite me.
IAAL
"Do you have to be so cantakerous ?? The biggest problem here is your "lawyer" attitude that everyone should be able to read the law and decipher legalese . . . but your somewhat nasty attitude towards people with problems isn't helpful."
=========================================
My response:
Yeah, yeah. Well, bite me.
IAAL
IAAL, I Don't Follow Your Reasoning
IAAL,
Please let me be sure I understand you. I do not dispute the debt. Unfortunately, overwhelming medical expenses and my inability to continue to earn a living due to physical disability make it impossible for me to repay this debt. If I can repay this debt in the future, I will do so, but that is beyond an acceptable time limit for the creditor and I understand that. What I want is for the abusive phone calls to stop. I will be glad to continue correspondence by mail.
In your quote of Section 803(2), I don’t see where a request to correspond by mail only would be grounds for immediate legal action. Is there mire you didn't include?
I think by this time the collection agency would have determined I have no assets and cannot even afford an attorney. I know they have a job to do, but they could be civil about it.
IAAL,
Please let me be sure I understand you. I do not dispute the debt. Unfortunately, overwhelming medical expenses and my inability to continue to earn a living due to physical disability make it impossible for me to repay this debt. If I can repay this debt in the future, I will do so, but that is beyond an acceptable time limit for the creditor and I understand that. What I want is for the abusive phone calls to stop. I will be glad to continue correspondence by mail.
In your quote of Section 803(2), I don’t see where a request to correspond by mail only would be grounds for immediate legal action. Is there mire you didn't include?
I think by this time the collection agency would have determined I have no assets and cannot even afford an attorney. I know they have a job to do, but they could be civil about it.