Credico called and violated my C&D

Dallas Student · 01-04-2007, 09:25 PM

Well, as I posed here a couple of weeks ago, I have one medical collection account that I can't make go away from my CRs.

So I did as I was instructed (as WhyChat from another board's HIPAA didn't work for me), so I sent them a DV. They received it on 12/30/06. And then today I checked my caller ID, as well as voicemail, and there they are calling and leaving a reference number.

Now, I know that they can call once to say that they received notification to not call anymore, but I would think they would leave that on the voicemail since they decided to call.

What do you think?

I record all call from CA and OC and wonder if I should answer the next time they call to record it or should I call them back, and get them to admit that they screwed up or for them to quote the FDCPA or TFC incorrectly?

Any suggestions?

Lucy · 01-04-2007, 11:10 PM

[quote=I record all call from CA and OC and wonder if I should answer the next time they call to record it or should I call them back, and get them to admit that they screwed up or for them to quote the FDCPA or TFC incorrectly?

Any suggestions?[/QUOTE]

IMO I would just let them call back (assuming they will) and record them. You will not have to go to any trouble to try and get them to admit to anything.

stargazer0725 · 01-05-2007, 10:02 AM

DS...3 business days might be argued as a bona-fide error.

You could either: 1) wait another few days to see if they call again, 2) call them (recording of course) and remind them of your C&D and hang up, or 3) send them another certified C&D letter.

If you're not afraid of the telephone, then #2 would probably be most expedient, but be sure not to talk to them about anything else besides the C&D.

jlynn · 01-05-2007, 10:07 AM

Quote:

Originally Posted by Dallas Student

Now, I know that they can call once to say that they received notification to not call anymore

I'm concerned you are mixing sections of the statute. A full C & D allows for one more contact, but "its inconvenient to call" doesn't.

What exactly is the wording of your do not call section? I'm also with SG that 3 business days could get you the BFE defense.

Dallas Student · 01-05-2007, 12:50 PM

It said it's inconvenient to call!

As I sent a very generic DV, didn't quote anything. Just this is notification that this debt is disputed....please send validation....telephone contact is inconvenient at any time using any phone numbers.

That's it!

The only time that I have ever sent a full C&D is on a debt that's ancient.

jlynn · 01-05-2007, 01:10 PM

That's fine, just wanted to be sure.