One Bad Day!

[summerbreeze65]

Thanks for all your help you guys. Lady, I did find out that Providian gave up about 3 years ago. My old account has passed through 3 different collections agencies. Providian "sold" or gave the account to these other people. But the lady won't tell me who she is with. First she just said she had a "deal" to make with me. The cease and desist (sp) web letter you told me about is great. I still don't know who to send it too. I could call the 1-800 # she gave me to call her back with, but if I ask for an address she might become suspicious. How do I go about asking for the address? I hate to ask for more advice. But it is greatly appreciated. They called me today at work and I just hung up on them. Was that ok?
~Summer~

 

[mrspotatohead]

Thanks for all your help you guys. Lady, I did find out that Providian gave up about 3 years ago. My old account has passed through 3 different collections agencies. Providian "sold" or gave the account to these other people. But the lady won't tell me who she is with. First she just said she had a "deal" to make with me. The cease and desist (sp) web letter you told me about is great. I still don't know who to send it too. I could call the 1-800 # she gave me to call her back with, but if I ask for an address she might become suspicious. How do I go about asking for the address? I hate to ask for more advice. But it is greatly appreciated. They called me today at work and I just hung up on them. Was that ok?
~Summer~

The best way to get the address out of them is to call and ask what address to send a payment to. What I mean by that is just call them up and say you need the address to send a payment to, if they give you a hard time just say I can't send the payment if I dont have the address. They will probably try to get you to say how much youre sending but act like you dont hear them.

 

[Ladynred]

If you tell them you're going to make a payment, they are going to pressure you to do a check by phone, and you still may not get the address.

First, BY LAW, if you ask them who they are they must tell you. Section 806 (6) of the FDCPA, they must identify themselves when asked:

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

In Section 804, regarding 3rd party communication, they are not allowed to say who they work for unless specifically asked - so that section to would apply in that you are NOT a 3rd party.

I suggest you mention the FDCPA if you speak with this witch again. She many hang up on you, they don't like it when people know their rights.

The other possibility, PM me and give me the 800 number that's calling you, and I can have some people track it down. This is done all the time with great success. Once we know who it is, we can find an address.

Have you ever gotten any WRITTEN communication from this CA ? If not, that's another violation of the FDCPA - they MUST send you a letter within 5 days of first contact.

IF you are called at work again, you tell them that your employer does not allow personal calls and they are never to call you there again. This is also in the FDCPA:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

Quote her that section of the FDCPA and she'll know you're not going to tolerate her abuse and you may sue them for their violations. Sounds like they're racking them up already.

 

[summerbreeze65]

I printed your reply about the rules and have it in my pocket. She is sure to call me tomorrow at work. She tracked down my cell phone number and called me!LOL. My co-worker answered it and she asked for me and didn't believe it was me. She then called back at my work and asked again for the corp. office # and the girl I work with said to her that we could not give out any information of the kind, she then asked for my store manager. The lady asked for corp. # and asked if I was working today. She told my manager she was doing a background reference check. She then called corp. and asked how much I make a hour and how long I have been employed there. My manager called the corp. office as soon as I told her what was going on and found out the info the lady asked for.
I have never been sent a notice by mail. They do not know my current address. But if corp. told her, I will be receiving one in the mail. Good news kind of, if they send me a letter then I will have an address.
Thanks for all your help. Everyone.
~Summer~

 

[Ladynred]

Got 'em !!

Well, I now know who your 'Mrs. Mack" works for:

Midland Credit Management Inc
5775 Roscoe Ct
San Diego, CA 92123

Bunch of real scumbags here, they have a really horrid reputation.
You should also file a complaint with the FTC for the phone harrassement and the FDCPA violations on this SOL debt.

Now you can send them the grand kiss-off letter

 

[summerbreeze65]

Thank you!

I am writing the letter as soon as I log off and I am sending it certified mail in the morning. That way I get a receipt letting me know that someone in that office received it.

Thank you very much!

~Summer~