harrassment?

What is the name of your state? Pa
Just a few questions quickly....

Can a creditor legally call me at work each and every day?

Can I record the phone calls I receive from them?...since they are literally putting words in my mouth stating I am refusing to pay. WHEN I AM NOT!

Can I send payments DIRECTLY to the "client"?

Here is the situation. I was deployed to go to Kuwait. This bill was not paid for an entire 6 months. (THIS WAS THE ONLY BILL I DIDN'T pay btw. )The monthly statements were still going to my former employer like I had asked the credit card company to originally send them. (I didn't want my wife to know how much I paid for the gifts I had bought her).

This was my fault for not changing my address with them, I will admit. It honestly wasn't the first thing on my mind at the time.

Anyway...the creditor ended up calling my wife while I was over seas DEMANDING we pay this balance (3,000) in two installments.
She obviously said there was no way we could afford to do that.
She offered to make an arrangement with them --but THEY refused.

Now they are calling me every single day AT WORK..at HOME...my WIFE's place of employment and even MY MOTHERS!!!

I have NEVER refused to pay them. Can I send my money directly to the collection agency's client?????? The people I actually owe the money to?

This is sooooo frustrating for me since this is the ONLY flaw on my credit report. EVERY SINGLE ONE OF MY BILLS GET PAID ON TIME.

[Ladynred]

Whoa, wait a minute... you say this happened when you were deployed in Kuwait ?? That was 12 years ago !

Are you saying that the last payment you made on this card was 12 years ago ??? If that's the case, then the statute of limitations on this debt ran out a LONG time ago ! SOL in PA is only FOUR YEARS !

Have you checked your credit reports ? I'd say this thing was charged-off a long time ago and has even dropped off your credit report.

If the last payment WAS made 12 years ago, then you don't need to pay these scumbuckets a dime ! You need to send them a cease and desist letter that says you have no recollection of the account and even if you did it is time-barred and they are never to contact you or your family members about it again.

Here's a link to an excellent letter to use for expired SOL debts. The state statutes you need to fill in the blanks are also on that site:

[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page3.html[/url]

I'm curious to know which CA is calling you.

Further, their threats, their calls to your employer, your wife's and your parents homes are ILLEGAL under the Fair Debt Collections Practices Act (FDCPA). You should read it - its here:

[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

I was in Kuwait this past year or should I say the Persian Gulf.

The creditor is RMA.

My issue really is that I want to pay them. I'll pay them what I owe them. I'm thinking that if I can show a judge that I have made monthly payments to them it will look better if this does go to court.

Thank you sooooo much for those two links especially the latter of the two.

[Ladynred]

RMA is bad news, but they crumble easily if you fight them.

Ok.. so its not past the SOL, but you still have them on multiple violations of the FDCPA. I know a law firm that is looking for people to add their info on these bad debt buyers to institute a class-action suit - RMA is on their hit list. If you'd like to contact them, go to [url]www.edcombs.com,[/url] under Special you'll see who they're after. I've been in touch with one of their lawyers and they ARE interested in what I've told them about another nasty CA.

Their tactic of saying that you refuse to pay is SOP with these slimeballs. If you aren't ready to send them money on the spot, then they automatically start screaming that you are refusing to pay. Tape their calls if they're being that abusive. PA is a 2-party state, so you'll have to say to them 'hold on, I'm going to record this call, if you keep talking I'll take that as your consent to be taped" - watch how fast they hang up !!!

Since the account went for 6 months w/o being paid, its probably charged-off and the original creditor most likely will not deal with you. Sadly, you must deal with this rotten CA.

I'd ignore their calls, talking to them is pointless anyway, its like trying to talk to a brick wall. If you have caller ID, use it and let them spew to your answering machine. You can always send them a C&D letter that will limit them to communication by mail only if you want to stop the harrassing calls. If they contact you or your wife at work, and you and she have told them that your employer forbids those kinds of calls, then they are supposed to stop. Refusing to do so is another violation of the FDCPA, so document every occurance of a call after you notify them.

These clowns most likely have no power to sue you. If you want to make a paper trail showing your willingess to pay the debt, send them a payment plan or settlement offer, certified RRR mail. They'll blow you off, but you keep sending your offers and keep all copies. IF you end up in court, you will have proof that you were trying to pay them and they kept refusing your offers.

sounds good!! Thanks for your help.
I think I will get in touch with that attorney.

They really are slimeballs. I understand I owe the money...I'm willing to pay the money. They have told me they won't accept any form of payment other than pre-authorized payments out of my checking account.
I'd be willing to give them the information but I'm afraid they will take more than the authorized amount. ((like taking half of the total cost.))

[Ladynred]

Do NOT, under ANY circumstances give these creeps your banking information ! HALF ?? They WILL drain it dry and they will do it repeatedly WITHOUT your authorization until they have it ALL !

Read what the FDCPA has to say about a CA demanding post-dated checks - its very interesting, and quite restrictive.

Thank you so much for the advice Lady.

They called us once again lastnight. We told them the conversation was being recorded and also told them we do not wish to be contacted from this point forward at work or at any other number other than our home number. We also stated we will be paying the balance and asked for the "clients" name.
She told me I was not to record the conversation...and that under FEDERAL law I was not allowed to. I then stated my state law regarding the recording of telephone conversations.
I also told her I was in contact with an attorney that already has a class action suit against this company and if that she continued to call me at my workplace, my wife's place of work, or my MOTHER's house she would hear from him.

I told her I already had a taped conversation of a woman from her office telling my WIFE that I am irresponsible because I don't pay my bills. She also stated that I shouldn't have married an irresponsible man ((which is the farthest thing from the truth)) She also told my wife that a judge would order that if I didn't pay the balance within two months a judge would garnish my wages within 60 days. ((this has all been recorded)) She also stated on the recorded conversation that she was going to put in the computer our REFUSAL to pay--when my wife REPEATEDLY said--I AM NOT REFUSING TO PAY THIS BILL --I WILL PAY THIS BILL.

[Ladynred]

Way to go !!!

I find it amusing this collector tried to tell you you couldn't tape the conversation - they tape on their end !!! They really think that everyone they contact is an idiot and can be intimidated. But, like all bullies, if you stand up to them, they don't know what to do.. LOL !

Wow.. that taped conversation with the garnishment threats etc. is a heck of a smoking gun for FDCPA violations !! A judge would order a garnishment if you didn't pay in 2 months ?? ROFL !!! Again, they think we're all idiots and don't have a clue about the laws and what's required to even get to the point where they can garnish wages !! Unfortunately, they count on people NOT knowing the laws, Fed or State, and most people are so scared of legal action that they cave in.

Keep it up.. RMA are nothing but a gang of bullies - punch 'em in the nose