Couple of Questions about CA calling

cloud2003 · 12-27-2006, 08:02 PM

Hi everyone, I'm new to the board so please bear with me on this. I have been receiving calls from 1-800-232-1258 which I think belongs to ARS. They send letters demanding payment but also call me at my parents house and my cell phone. Sometimes they leave messages and sometimes they don't.

Today, they called at the house, left a message, calling for my sister saying that I listed her as a reference. I couldn't believe it! Is this a violation? They know I live here, it's where my mail is sent.

Also, I still need to send in a letter asking them not to call me anymore, does anyone know if I need to list particular information for this to be valid?

Thank you so much for any help on this as it has become quite annoying!

spinn · 12-27-2006, 08:21 PM

Yes asking your sister for a reference is a violation because it is false and misleading unless you applied for a job from them to pay off the money they can not prove that you owe.

What you will need to send is a very simple letter stating only that you dispute the alleged debt and phone calls at any time or place are inconvenient. Thats all, keep it simple, you are only trying to invoke your rights under the fair debt collection practices act (FDCPA). They will violate this too so you may want to buy a phone recorder as it is a $1000 fine, paid to you, when you win the case.

Did they send the firts of these letters to you more than 30 days ago? Hopefully not because some states require you to reply within 30 days. What state are you in?

cloud2003 · 12-27-2006, 08:27 PM

Thanks for your advice, they sent the first letter more than 30 days ago so I guess there isn't much I can do about disputing the debt, but I don't want them calling me or my family. I'm in Texas, does that help at all?
Thanks again!

Pale Rider · 12-27-2006, 08:36 PM

Quote:

Originally Posted by cloud2003

Thanks for your advice, they sent the first letter more than 30 days ago so I guess there isn't much I can do about disputing the debt, but I don't want them calling me or my family. I'm in Texas, does that help at all?
Thanks again!

Yes, it helps being in Texas! Texas has its own version of FDCPA that allows you to dispute at any time. Read it carefully to find out what rights you have.

http://tlo2.tlc.state.tx.us/statutes...htm#392.001.00

The calling part being inconvenient can be invoked at any time. Send a simple dispute first, with a notice of the calls being inconvenient to call, and that they have your address so there is no need to call family members as Spinn has suggested above.

hannah · 12-27-2006, 08:37 PM

Quote:

Originally Posted by cloud2003

Thanks for your advice, they sent the first letter more than 30 days ago so I guess there isn't much I can do about disputing the debt, but I don't want them calling me or my family. I'm in Texas, does that help at all?
Thanks again!

Calling all Texans!! Tell cloud how wonderful consumer laws are in the Lone Star State!!

Send your letter out to both dispute the alleged debt and tell them that telephone calls at any time to any phone number is inconvenient. Be sure to say inconvenient. Simply because the 30 days has passed doesn't mean they won't validate or attempt to validate the debt. If they do, great, if not, well nothing ventured, nothing gained under the FDCPA...but the way I understand it in Texas is that you have a right to validation at any time, not just in the first 30 days under Texas consumer code.

Lots of Texans on this board. I am sure some will be along shortly...

jlynn · 12-27-2006, 08:43 PM

Is this reporting on any of your crs?

direred · 12-27-2006, 09:21 PM

Quote:

Originally Posted by hannah

Lots of Texans on this board. I am sure some will be along shortly...

When I first got here, there were enough Texans I thought it was a Texas-only board, lol.

hannah · 12-27-2006, 09:37 PM

Quote:

Originally Posted by direred

When I first got here, there were enough Texans I thought it was a Texas-only board, lol.

I may live now in West Virginia but was born and raised near Fort Worth...

stargazer0725 · 12-27-2006, 10:20 PM

Quote:

Originally Posted by hannah

I may live now in West Virginia but was born and raised near Fort Worth...

I KNEW there was a reason I liked you Hannah!

Cloud, Texas laws offer just about the greatest protection you're gonna find around. Like PR said, make yourself VERY familiar with the TFC, 'cuz it'll become your best friend.

If this is reporting on your credit report, remember to ask for the accounts to be removed from your credit report in your letter. They have to either validate the account within 30 days or change the account per your request - hence the request for deletion!

hannah · 12-27-2006, 11:25 PM

I've been trying to find ARS...I believe they must be ARS National Services, Inc. DBA Associated Recovery Systems, Inc., PO Box 463023, Escondido, CA 92025. Phone: (888) 888-7080 Fax: (800) 707-9541. Seems they've got branches in several states.

Dallas Student · 12-28-2006, 04:03 AM

I have heard that the Consumer protection laws here are excellent. However, I have yet to use them yet. As I haven't taken anyone to court yet.

My sister is in a similar situation with ARS. She has an account that they are trying to collect on. She included the limited C&D for them to stop calling and now the reps tell her that once they have validated the debt, they can start calling again.

On top of this, it took them more than the 30 days for Texans to validate the debt. Only problem is that it's still well within SOL. So she records every one of their calls, as they violate both TFC and FDCPA over and over again. She is going to involve an attorney since the debt is over $3K (after all of their add ons).

Good luck to ya!

jlynn · 12-28-2006, 09:18 AM

Quote:

Originally Posted by Dallas Student

I have heard that the Consumer protection laws here are excellent. However, I have yet to use them yet. As I haven't taken anyone to court yet.

That's just it. If you use them to start with, follow up with with letterst to the CA and their bonding company, you very seldom ever need to take a CA to court.

Quote:

My sister is in a similar situation with ARS. She has an account that they are trying to collect on. She included the limited C&D for them to stop calling and now the reps tell her that once they have validated the debt, they can start calling again.

It depends on what your sister said in the letter.

BayouLou · 01-05-2007, 04:45 AM

Quote:

Originally Posted by hannah

I may live now in West Virginia but was born and raised near Fort Worth...

I was born and raised in Houston. While I am not there now, I have lived in Texas MOST of my life.

direred · 01-05-2007, 08:51 AM

My mother was born in Texas and I've visited the state a couple of times.

I don't suppose that counts.