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  #1  
Old 05-23-2005, 11:16 AM
Junior Member
 
Join Date: May 2005
Posts: 5

Lawyer ignoring do not call request


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

If lawyers for a collection agency continues to call even though they've received (we have the Certified letter receipt) a Debt Verification letter with the demand that they do not call during the next 30 days, what's the best way to handle their calls? Ignore? Pick up and tell them they're violating the fair debt collection act? Report them to our state bar association? Send them another letter telling them that they're in violation?

Background: We received the lawyer's letter back in April. I then wrote Bud Hibbs asking for his advice. He suggested sending the DV letters to the lawyers and the creditor (NCO) because the SOL in Ohio for credit cards is 15 years. I guess, they're considered written contracts here.

Anyway, we did as he suggested, and now we are getting harassed at least once a day by these lawyers. We're letting the answering machine pick up but my husband is about ready to confront them the next time they call. I wrote to Bud again and he suggested reporting them to the Ohio Bar Association. But I'm afraid that might open up a bigger can of worms with these people.

Also, this debt doesn't appear on my husband's credit report (we just pulled it up last week). So what do we do after the 30 days verification process is up? We can't ask them to remove anything from our credit report because it's not even there that we can see. So was this whole thing a waste of time?

Any CC charged off debts we've had are just over five years old and things have been relatively quiet up until the last month. We thought we might actually get through this horrible experience somewhat in one piece, but we were wrong. Sigh.

Thanks for any help you can give me.
  #2  
Old 05-23-2005, 11:24 AM
Member
 
Join Date: Nov 2003
Location: South Carolina
Posts: 931
How much is this debt for?

You have several violations with proof; I suggest you head over to [URL=http://www.creditboards.com]creditboards.com[/URL] to learn about your rights and their blantant violations.

I'd send them another letter, CMRR, outlining their violations. Report them to the Better Business Bureau, the Attorney General, and the Federal Trade Commission. Even if you owe more than the violations are worth, it gives you some bargaining power to settle.

Read at creditboards before you do ANYTHING. Start with the Newbie's Section.
  #3  
Old 05-23-2005, 09:51 PM
Member
 
Join Date: Nov 2004
Location: The Buckeye State
Posts: 697
Quote:
Originally Posted by Nantra
What is the name of your state?What is the name of your state?What is the name of your state? OH

If lawyers for a collection agency continues to call even though they've received (we have the Certified letter receipt) a Debt Verification letter with the demand that they do not call during the next 30 days, what's the best way to handle their calls? Ignore? Pick up and tell them they're violating the fair debt collection act? Report them to our state bar association? Send them another letter telling them that they're in violation?

Background: We received the lawyer's letter back in April. I then wrote Bud Hibbs asking for his advice. He suggested sending the DV letters to the lawyers and the creditor (NCO) because the SOL in Ohio for credit cards is 15 years. I guess, they're considered written contracts here.

Anyway, we did as he suggested, and now we are getting harassed at least once a day by these lawyers. We're letting the answering machine pick up but my husband is about ready to confront them the next time they call. I wrote to Bud again and he suggested reporting them to the Ohio Bar Association. But I'm afraid that might open up a bigger can of worms with these people.

Also, this debt doesn't appear on my husband's credit report (we just pulled it up last week). So what do we do after the 30 days verification process is up? We can't ask them to remove anything from our credit report because it's not even there that we can see. So was this whole thing a waste of time?

Any CC charged off debts we've had are just over five years old and things have been relatively quiet up until the last month. We thought we might actually get through this horrible experience somewhat in one piece, but we were wrong. Sigh.

Thanks for any help you can give me.
Your first mistake is believing that Bud Hibbs has expertise in anything that doesn't involve the words, "Would you like fries with that?"

First of all, which law firm is it?
  #4  
Old 05-24-2005, 08:09 AM
Senior Member
 
Join Date: Mar 2005
Posts: 1,270
Yes, stevek3 is correct. Unfortunately as many people are finding out, there really is no such things as a limited Cease&Desist letter. Some places do honor them to avoid the hassles, but they do not have to do so.

By just telling them not to call for the next 30 days while they validate, you really didn't do anything but rile them up.

Most of Bud Hibbs information will just end up getting you sued, his letter is a full Cease&Desist and if you sent that, and the debt isn't past the SOL in your state, then you leave the creditors no recourse but to sue you since they can't contact you.

The only thing the D&V letter does is require them to validate the debt, to provide you with proof that it is owed. It will not stop them from wanting their money. If they don't validate then you may have other recourse, and collection activity should cease until they send you proof, but there really isn't much to force an agency to go along with that. They can still call.
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