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demanding no futher contact by phone...

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bobo60

Member
What is the name of your state? NC

if a debt collector calls every hr on the hr (most likely computer generated), up til 9pm, cant you still demand that the creditor not contact you anymore via telephone, and request to be contacted by USPS ONLY? also, if you have your number changed to an unlisted number, and the creditor finds out, and continues to call you, isnt this an invasion of privacy?...bob
 


TigerD

Senior Member
What is the name of your state? NC

if a debt collector calls every hr on the hr (most likely computer generated), up til 9pm, cant you still demand that the creditor not contact you anymore via telephone, and request to be contacted by USPS ONLY? also, if you have your number changed to an unlisted number, and the creditor finds out, and continues to call you, isnt this an invasion of privacy?...bob
No it isn't and no you don't have that right.

1. If you are trying to contact someone and get no answer, wouldn't you try to call back?
2. Presumably you are not answering because you are not home, therefore they cannot be annoying you.
3. Answer the phone. Talk to them and take care of the situation. It will be much easier and cheaper on you than not doing so.

DC
 
do this.

no, they cannot call you every hour on the hour. That is harassment and is a violation of the fdcpa which states that you are not allowed (806) to make a telephone ring repeatedly or continuously with intent to annoy, abuse or harass. Calls every hour do exactly that.

Send them a letter and tell them that they are in violation and that you will be keeping a record of future calls. Tell them that they can contact you by mail if need be and send the letter return recepit and make sure to keep the receipt and a copy of the letter.
 
Actually they *can* call every hour if they want to as long as they never make contact. The word "intent" is the loophole here. They are calling to speak to you. If you are not home, they can't be annoying you.

Most agencies will accept a verbal cease and desist just to stay on the right side of FDCPA, but all agencies will accept a written cease and desist letter.

Also, know that sending the cease and desist will usually accellerate matters. The agency will close the file off their books (because they can't collect paper they can't call) and give it back to the current creditor who will place it with a new agency who will start making calls till you give *them* a cease and desist letter. If the balance warrants it, it will eventually go to a law firm and you will be sued for the balance plus the highest legal interest rate and any court costs and attorney fees associated with collecting the debt.

Honestly, just pay the bill. You can avoid it till you die, but then they just collect from probate.
 
well......

I did not say send a cease and desist letter, I said to send a letter letting them know to contact him by mail and stop the calls. Not stop all contact.
 
P

PamiToni

Guest
I don't have any problem with anyone trying to call me at my home, I went highspeed on the internet and got rid of my phone so the USPS is the only way I can be contacted. So if a collector wants to waste their time dialing my old phone number so be it. A paper bill sent through the mail would be more likely to get a response from me.
 

bobo60

Member
hi,

thanks for all the info people! i have spoke with the creditors on the phone and explained my financial situation, and told them i will try to send them some money each month. they want solid numbers, and i cant do that without lying to them! so i just send them $5-$10 a month when i can, but the calls continue. i have tried to call them back on the number listed on my caller id, if i miss their call,(they never leave a msg or number to reach them) when i call the number i ALWAYS get the recorded msg,"this number has been disconected" even if i call back imediately! they are playing games, and im getting po'd this doesnt constitute hassament???...bob
 

BL

Senior Member
hi,

thanks for all the info people! i have spoke with the creditors on the phone and explained my financial situation, and told them i will try to send them some money each month. they want solid numbers, and i cant do that without lying to them! so i just send them $5-$10 a month when i can, but the calls continue. i have tried to call them back on the number listed on my caller id, if i miss their call,(they never leave a msg or number to reach them) when i call the number i ALWAYS get the recorded msg,"this number has been disconected" even if i call back imediately! they are playing games, and im getting po'd this doesnt constitute hassament???...bob
No.

http://www.fair-debt-collection.com/searches/stop-collection-calls.html

Repeatedly or continuously most likely means if they contact you .

Their calls are usually computer generated by tel. numbers . Sometimes it may appear even when you pick up , they hang up on you . It reality they are not .

If you want the calls to quit there's a sample letter on the site I posted .
 

Debt Guy

Senior Member
and im getting po'd this doesnt constitute hassament???...bob

Bob. It constitutes annoyance but not harassment. Harassment is a legal term. Let me try to show the difference:

Annoyance: I call you everyday and say "Bob - you owe money and you need to pay. Bob - $10 bucks every once in a while is not good enough. Bob - find a way to pay your bills.

Harassment: I call you everyday and say "Bob, you stupid dumb sob. Bob, if you were a real man you would pay this bill. Bob, I am tired of your lying through your teeth to me. Bob, I am going to make your life a living hell until you pay this.

See the difference? If you are in default, which seemingly you are, the ceditor has the right to ask for payment in full immediately and to make that request repeatedly. They do not have right to curse you or to threaten actions that are illegal (to have you arrested, for example). They also have the right to sue and to obtain a judgment and then to use the courts to collect that judgdment.

If you don't want to talk to the CA, either don't answer orjust hang up.​
 

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