Creditor calling question

Evan Bedard

Call 1-800-779-4547
Loan Safe Mortgage
Aug 26, 2007
18,837
48
48
San Diego, California
www.LoanSafe.org
Anyone,

We are getting calls from Greentree at work. How can we make them stop?
This is straight from the FTC:

[h=3]Can a debt collector contact me any time or any place?[/h] No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.
[h=3]How can I stop a debt collector from contacting me?[/h] If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt†so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
[h=3]Can a debt collector contact anyone else about my debt?[/h] If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
[h=3]What does the debt collector have to tell me about the debt?[/h] Every collector must send you a written “validation notice†telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.
 

Cat Damiano

Mortgage Wars
Sep 10, 2007
10,541
39
48
Colorado
www.loansafe.org
Hi ForcloseinOhio,


Send a cease and desist letter;

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