Credit Collector leaving a message

Hi Monica,

Welcome to debt consolidation care forum. Wish you a very happy new year.

As to your query the collection agency may do whatever they want, but that doesn't mean they have every right for those actions, most of all with the harassment calls. As soon as they call you again, ask and request them to send you a written notice with their name, address, phone number, the account number, amount owed and the date the debt was incurred and the original creditor.Tell them you plan to respond, but you need to have written documentation for your records.

The ???Fair Debt Collection Practices Act??? enacted by Congress to regulate the activities of the debt collector can help you. If the agency fails to comply with the law, you have the right to take civil action against them.

For further information, contact your local FTC office for a copy of the law, and reference Section 813, civil liability, and file a complaint with the FTC.

Good luck and keep in touch, let us know how it goes.

Regards,
Simon

I am wondering also about collectors. I had a guy from Arrow Collections tell me I needed to call them by 5p tonight or the police would come and arrest me. Guess what i am still without handcuffs, what is up with that? I think they are looking for money from an old phone bill but that was like 8 1/2 years ago, not sure what to do, any ideas?

Regina, it was nothing more than a scare tactic. If you let us know what state you are in we can post the sol for you

The only type of debt that the police will come arrest you for is hot checks or unpaid tickets. There is no debtor prision.

It is a violation of the fdcpa to say things like that. It is also a violation to disclose financial/personal information on a voice mail or what the call is about in detail. The most they should say is that it is an important personal business matter.

By law, all a debt collector can leave on an answering machine is a)their name and b)their phone number. Leaving office hours is OK. That is it!! They cannot leave their company name, or any information that would suggest or imply a debt. Hope you guys kept those messages.....you can make some money off them for fdcpa violations!!

By law, all a debt collector can leave on an answering machine is a)their name and b)their phone number. Leaving office hours is OK. That is it!! They cannot leave their company name, or any information that would suggest or imply a debt. Hope you guys kept those messages.....you can make some money off them for fdcpa violations!!

They can leave a company name. And it's in the huge grey area and I am not sure if it has to be a recording but I am sure they are allowed to say a debt collection company.

A collection agency CANNOT leave a company name. The logic behind this is that they could violate fdcpa with 3rd party disclosure if anyone other than the debtor hears the message. Would you want to play your answering machine in front of you mother in law and hear "call ABC collection agency at....."?

Not all collection agency names have collection or debt in their name. Companies have and do leave their name on voice mails every day.

3rd party disaclosure protects personal information. for instance they can't say I am calling about your Bisa that is 3 months past due. A company name isn't third party disclosure.

I've actly spoken with an attorney about this when NCO was calling and leaving a message stating that they were a debt collection company. It was a recording. They were calling for a medical bill that was already paid. The attorney told me that as long as they didn't say what they were calling for then it was still legal. Very grey but legal.

And no, I wouldn't want to listen to a recording like that in front of anyone but unless they are saying I am calling you because of a debt you owe on the recording disclosing personal info it's still pretty much ok.

You may not like it and in fact I would never leave a message like that for the simple reason it could tick someone off.

FYI is correct,leaving a company name is not a violation since courts agree that a message can be considered a communication under fdcpa. Please review Foti vs Nco for the courts opinion of what is a legal message.

collection companies do leave their name even though it is probably someone you are not familiar regarding personal debt with--ignore them simply don't respond!!simple solution to question as to why should they contact? Don't give them room to contact! Nip it in the bud! Stop all contact and be done with problem!

There are times when you do need contact with collectors.I would simply limit it to written method only so you have documentation of your dealings with them.

do you suggest calling back companies who only leave recorded messages even when you pick up the phone?--such as "Please call so and so at so and so for an important message"?

I don't conduct much business by phone as a personal rule. My creditors I currently have know to call me only for payment of current bills or identity verification only.

I had one recently call and give out my last 4 social and my full e mail address. Isnt that a bit over the top?