Harrassing Phone Calls from COll. Agency

What is the name of your state? Louisiana

I got a phone call from a collection agency about a card I opened in sept. 2000. At first the person I was talking to was just asking me if I could pay anything. When I tried to answer, another person jumped in on our conversation and started threatening me that he would take my car payment. He then started to insult me and said that he didn't care about any laws. He then hung up. A few minutes later he called back and told me that he had just taken my car payment and then he told me to "eat his ****."
I know he can't do anything to my car note but I want to know if there is anything I can do about this company. Unfortunately I did not write down the name of the company and he would not repeat it. The card was from Capitol One.

[HomeGuru]

[quote]Originally posted by davis818
[b]What is the name of your state? Louisiana

I got a phone call from a collection agency about a card I opened in sept. 2000. At first the person I was talking to was just asking me if I could pay anything. When I tried to answer, another person jumped in on our conversation and started threatening me that he would take my car payment. He then started to insult me and said that he didn't care about any laws. He then hung up. A few minutes later he called back and told me that he had just taken my car payment and then he told me to "eat his ****."
I know he can't do anything to my car note but I want to know if there is anything I can do about this company. Unfortunately I did not write down the name of the company and he would not repeat it. The card was from Capitol One.

**A: then why have you not called Capitol One and asked what collection company they turned your account over to, so you can call that collection agency and/or file a complaint against them?

All the guy a capitol one told was that he could give me a fax number to send them (capitol one) a letter telling them to pull the account from the collection agency. I did get a letter though a week back from a collection agency for cap1, but I could have sworn the first guy said arris and that is not even close to the letter I got.

[Ladynred]

Boy are those guys ignoring the law !!!

You need to read the FDCPA and you need to file a complaint agains them for that kind of foul language and threats. You can file an online complaint at [url]www.ftc.gov[/url] - which also happens to be where you'll find the FDCPA.

You could also pull your credit report, the CA is probably on it.

The CA is not on it. and the form wants at least a phone #. (Caller ID would be handy) Is it safe to assume then taht the letter I got a week ago is from the same company?

[Ladynred]

Most likely, yes. Cap1 uses several CA's, so its impossible to say which one you're dealing with. If you dare to take another call from them 1 - they HAVE to identify themselves AND the company they represent (FDCPA) 2- ask them for a mailing address and a phone number. If they refuse to give you that info, then you ask them how you're supposed to send them *something* w/o an address ??? Don't mention money.. they don't have to know the *something* isn't money..

Original creditors aren't covered by the FDCPA, but the FTC DOES hold OC's liable for the actions of the collection agencies they use. LA is a one-party state, which means you do NOT need their consent to tape the calls. I'd tape their abusive and foul language and send a copy of it to Cap1 and tell them that if they don't do something about their CA you'll file a complaint.