Very Angry Roomie

[TiredandCranky1]

What is the name of your state?What is the name of your state?IA
1st Thanx JETX for the link.
My roomate has had it and is ready to get a lwayer. I am not sure her case is really that great. She has to the collectors to stop calling our home. Many times she has told them to stop calling especially before noon, since she works odd hours and she gets home between 2 or 6am depending if she is working 12hrs or 16hrs. She has told them that I do not get home until after noon and she does not appreciate them calling and waking her up . She would simply turn off the ringer on the phones, but her father passed away not to long ago and wants her mom to be able to reach her if she has a problem . Yet they continue to call at 8am, 10am, and again at 11am regardless if they speak with her or not. We even have collectors calling on Sunday, and one collector called on Christmas Eve.
After looking at the link, I guess I can see her point that this is harrasment. I just am not sure how her case would work out in court considering the debts are mine .
She has kept a call log of every time they call, how many times a day, any conversations with the collectors. She's very detailed like that and really want to get a lawyer to atleast get some advice for actions she can take to atleast let them know they can not behave like this, and mabye spare others from this kind of treatment.
Does she have a case against them?

Unknown, Quote: Life is a bed of roses, so watch out for the pricks.

 

[Tired_of_trying]

Well according to the FTC they can call during those hours, even though she asked them not to.
"Your rights under the Fair Debt Collection Practices Act:
Debt collectors may contact you only between 8 a.m. and 9 p.m.
Debt collectors may not contact you at work if they know your employer disapproves.
Debt collectors may not harass, oppress, or abuse you.
Debt collectors may not lie when collecting debts, such as falsely implying that you have committed a crime.
Debt collectors must identify themselves to you on the phone.
Debt collectors must stop contacting you if you ask them to in writing. "
You can go to http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#811 to see the actual statutues.

If I were her, I would read the last line... Debt collectors must stop contacting you if you ask them to in writing. There is a good Cease and Desist letter by Bud Hibbs at http://www.budhibbs.com/CeaseComm.htm. He also gives the proper way to send and record it.

To save you time, I cut and pasted the info below:
Send the letter via certified mail with a return receipt request. Obtain PS Forms #PS3800 & PS3811 from your local Post Office. Keep a copy of the letter for your files. Send out the letter within thirty days of the first contact by the collection agency/ collection attorney. The law applies to both the agency and to attorneys who collect two or more debts per year. They are allowed (under law) to contact you one time, after receipt of the letter, to notify you or their intent. Debt buyers (scavengers) are subject to the law in spite of their assertions that since they bought the debt, they are not the collector. WRONG!!! They ARE a debt collector, subject to the law. Send the letter, it's legal and it works!
Your Name
Your Address
City, State, Zip

(Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT)

Date:

XYZ Collection Agency/Law Firm
1234 Main Street, #100
Any town, USA 10021

Re: File #0000000 - ABC Bank - #4445566778899000 -For: $5555.55

Dear Debt Collector /Debt Collector Attorney:


This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above.
If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association.
I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant.
You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

Sincerely,

John J. Consumer

NOTE: This is an attempt to make a debt collector obey the law. Any information obtained, will be used for that purpose.


Hope that helps, but there are also lots of other great letters online, search and you will find them.

I also found not answering the phone but having a fax machine pick it up instead is a great deterant to unwanted phone calls and I got a cheap pre-paid cell phone for my family to call me in emergencies on.
(Virgin Mobile has one which only requires 15.00 to start and you only have to add to it every 90 days to keep the phone active, and there is no credit check to get the darn thing like other cell phones )


D

(I am not an attorney and any answer I provide is from my own personal knowledge or research for my own purpose, which I am sharing to help another individual)

 

[olgethorpe]

Sbc

SBC has a service called Privacy Manager that works with caller Id to only allow calls that identify themselves through to your phone. In other words, if a CA is using one of those autodialers that just puts 000-000-0000 in for the phone number, it won't even ring at your phone...instead they get a message that says something like this number does not accept unsolicited calls. Even numbers that are identified won't go thru unless you want them to.

The reason I mention this is that once you sent a CA a "do not call" letter they may just turn you over to another office or another agency...in which case, the calls will start all over again.

And...if its the Orginal Creditor calling you...the FDCPA and the "do not call" letter don't apply to them...but Privacy Manager might still stop them.

 

[Tired_of_trying]

The caller ID trick works too, but lots of times they are "Out-of-State" I just dont answer those period. and I have my phone set anyhow due to my previous profession set to the callers having to display their number to call in. So, even if I dont have a name, I have a number, which I cross reference on google and find out who it was.

My fax machine has built in caller ID and will print on demand an incoming call log which shows the date time and number of EVERY incomeing phone call, which is good to have for court to prove harassment.