Phone calls/ Cease & Desist

[Behyeh]

We are close to walking away in California. We would like to prolong the process and collect as much rent as possible. Our concern is the phone calls from the bank. I'm not sure if the bank has my work number, or if they do, which one. I've moved around my company several times since I bought my home. My concern is getting phone calls at work that would cause obvious problems.

1) Is there a way to find out if my lender has any of my work numbers? Will they tell me if I call and ask?
2) if they do, would they erase it if I told them I have a "new" (fake) work number?
3) As far as the HAMPster wheel goes, can I send a C&D letter for them to only stop contacting my work number?

Thanks

[OverandDone]

Can you try logging in online and see what numbers they have for you in your account? I changed my phone numbers to google voice but they ignored that and just called the old phone numbers so I would assume if you change them now they will keep the old ones in a file too.

[Cat Damiano]

HI behyeh,



Yes, you can send a letter letting know how and where they would be able to contact you;

Fair Debt Collection Practices Act (FDCPA) - Federal Law

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

(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;

(1) at any unusual time or place or a time or place known
or which should be known to be inconvenient to the
consumer. In the absence of knowledge of circumstances
to the contrary, a debt collector shall assume that the
convenient time for communicating with a consumer
is after 8 o’clock antimeridian and before 9 o’clock
postmeridian, local time at the consumer’s location;

(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.


Sample Debt Collection Cease and Desist Letter



Today's Date
Your Name
Your Address
You Loan Number

Collector's Name
Collector's Address



Dear Debt Collector, (Insert Name)


I am writing to request that you cease your communication with me. The Fair Debt Collection Practices Act specifically states in Section 805(c), referencing ceasing communication that you must cease all communication with me after being notified in writing that I no longer wish to communicate with you.


Therefore, I require that you stop calling me at work. In addition, do not call or communicate with any third party acquaintance of mine per section 805(b)2 of the Fair Debt Collection Practices Act.


According to the FDCPA’s federal guidelines, I understand that once you receive this letter, you may only contact me to inform me that you:

• are terminating further collection efforts
• are invoking specified remedies that are ordinarily invoked by you or your company
• intend to invoke a specified remedy.

Be advised that I am aware of my rights, and that I am keeping records of all correspondence and communication from you and your company, including tape recording all phone calls. If you continue calling me, I will pursue all available legal actions to stop you from harassing me and my family.


Signature
Your Printed Name

[Behyeh]

Thank you so much for the info and exemplar.