Violation of Fair Debt Collection Practices Act??

[Raben]

State is TN:


I have both carmel financial and Viking collection services hounded me daily. Viking has been overall decent in their efforts. Rude tune until I told the guy, only remember his first name of Mark, that I am filing Chapter 7.


However this is what I have in question. Before this occured. Both him and a lady from Carmel financal called my mothers house which she lives in Alabama, twice each about my account and demanding payment. They have not called after the 2nd event, however wasn't that alone a violation of the Fair Debt Collection Practices Act? I thought if they made a call to a third party, they could only do it once?

And if it is in violation, should I do anything and if so what actually could I do?


And also, Carmel continues to call at home, daily around the clock. Sometimes within 15 minutes of each call. Isn't that a form of harrassment? There has been several times I saw their number on the ID, answer and he or she just wouldn't say anything. Then call right back again only a few moments later to do the exact same thing. They have called as late as 8:30 at night.

 

[Ladynred]

Is Carmel a collection agency ?

FDCPA says they cannot call before 8AM YOUR TIME and not after 9PM. Anything in between is ok. However, they are not allowed to cause the phone to ring incessantly to harrass or annoy. That IS a violation if they ARE 3rd party collectors. If its an original creditor, the FDCPA doesn't apply.

The problem with most of these places is that the use auto-dialers and those things just keep cycling thru until they get a real person to pick up the phone and then someone is supposed to pick it up on their end.

If you really are filing for CH 7, and soon, then send them a cease and desist letter and tell them not to bother you anymore.

 

[CMA1]

Go to www.clarkhoward.com and he has form letters to send to collection agencies. There is one called a "Drop Dead Letter" that you send if they have filed a claim against your credit that is over 7 years old. The letter I believe Ladynred is mentioning he also has a form letter for. He agrees with her that if you send them a letter to cease and desist (even if it is the original creditor) all phone calls, they have to stop calling you and can only make contact through snail mail. I had to send one myself once upon a time...

 

[julbug66]

yes they violated the FDCPA

viking violated the FDCPA by contacting your mother more than once. they also violated it when they discussed your account with her. send a cease and desist letter, stating your complaint, and the calls should stop. if not, file a complaint with the FTC.

i'm not sure what applies to Carmel, since the rules are different for original creditors. if Carmel is another debt collector, then the same thing applies to them.

www.budhibbs.com also has a good C&D letter to use. Clark Howard's is much briefer and to the point, though.