[Dallas Student]

I have a slight dilemma that I am trying to correct, well it's actually the dilemma of my sister.

I started to work on preparing my credit in August of last year. I did a lot of reading before I jumped in, which is probably one of the hardest things to do because most of us want to see instant results. This was the case with my sister. We live together and after I had begun my credit repair she decided to just jump in.

We all know that in sending out DV letters, each circumstance may be different, and so was the case with hers. She sent them a letter that included a blurb about the debt being outside of SOL, which it wasn't. It actually only began to. Of delinquency in January of 2005. So it's well within SOL. The problem is eventually the CA got the information from the original creditor (Cap One) and was able to validate. However in the letter she asked for a partial cease-and-desist, stating that phone contact was inconvenient.

Since that time they continued to call in violate the cease and desist, stating things such as the fact that they would continue to call because once they had done a validation they were allowed to resume contact (which we know is not so). She taped each one of the calls telling them that they were not to contact her by phone. The calls continued. After having several phone calls taped in which the CA called, she decided to approach an attorney on the matter.

After reviewing all of the documentation as well as transcripts from the phone calls, he told her that due to the fact that she included a blurb about the dead being outside of SOL, she would not seem credible and it basically at this point he wouldn't be worth her time to try to make them go away.

Now, every single day, and anywhere from four to ten times a day these people are calling our house, everyday. The catch is every time they call they are using several different spoofed phone numbers that show up on the caller ID, as a wireless call.

Basically if the phone never stops ringing, so my question is should she send them a follow up cease-and-desist letter, reiterating the fact that they are not to call her at any numbers that they may have for her, or by doing this are we poking a sleeping tiger.

Will consider any and all suggestions. TIA.

[jlynn]

Your bigger problem is that they did validate. They could sue at any moment if they so choose - you don't mention how large this debt is, and whether she can work out something to get it paid.

The "inconvenient to call" clause, as far as I know, has never been tested in court, and is a consumer generated theory at best. (Someone please correct me if I'm wrong!).

You could take a look at TFC 392.302, but even that is weak at best. Are they leaving messages when you don't answer?

Sometimes you just have to know when to fold them, and she's got almost two whole years before she is SOL protected.

Her only other option is to send a FULL cease and desist - they will either quit calling or violate anew, but she leaves herself very wide open for a lawsuit.

[stargazer0725]

This one should probably be handled delicately, as it's still within SOL and CapitalOne isn't afraid to sue. (Although you haven't said how much the debt is for - it could very well not be worth their time.)

I know hannah was at one time researching exactly how many telephone calls in a day constituted harrassment, but I'm not sure what she found out. And if they were found in violation of the FDCPA, it's $1,000 max (unless you can prove any other damages).

I know it's a PITA and you shouldn't HAVE to do this, but have you thought of changing your home telephone number or trying to block the calls from those wireless numbers?

My attorney says that trying to limit all telephone calls by a CA (and limiting them to written communication) is not reasonable and would probably not be looked on favorably by the court. But in your sister's situation, she lives with a third-party (you), and it could conceivably be argued that telephone calls at home ARE inconvenient because they risk third-party disclosure (to you).

OH! Who gets the phone bill? You or her? If it's you, have you thought of answering the phone and telling these people that this number they are calling belongs to YOU, and that you don't appreciate them calling at all hours for your sister on YOUR number? And does your sister use the home phone, or is her primary communication a cell phone? Just brainstorming...dunno if it would actually work or not.

[Dallas Student]

My thoughts were that a violation is a violation, regardless of what was on the letter, and whether or not it was correct or not.

Well, unfortunately it's quite a bit. At the time it charged off, it was like $1,900, now when I looked at her CR, it's up to like $3,000. So it probably would be worth it to them to sue and try to get the judgement.

She's not in the situation to pay them off at this time, due to the fact that she currently owes the IRS $4K.

As for the living situion, well I get the bill. She uses this as her primary means of communication, not to mention the fact that the cell phone she uses, is on my family plan, in my name, as well.

When they call they never leave a message, the only thing we get on the voicemail is a hangup. She actually has a mailbox on my phone. I really don't want to change the phone number, as we live in a house that we grew up in and was passed down by our grandmother, and have lived here, with the same phone number for over 40 years. So I'm not sure how to handle it.

Should she send another C&D?

[Pale Rider]

My experience with Cap 1 was that while they never go away, they were never aggressive in collecting. My amount was higher and they never sued. Unfortunately for me, I entered into a settlement agreement after SOL (before I found any sites like this). Fortunately for me, it shows as its own tradeline and is paid as agreed (which is exactly how it should report and is supported by FTC opinions). Not sure if they have changed in the last few years, but they did offer a payment plan that was easy to live with.

If she doesn't have the money, she can't pay them. They are not going away. I would just stop all contact with them and take care of other obligations that are more important at this time. Keep track of any violations, but why bother with them and take a chance of them suing? They may not do anything before SOL. Her circumstances may change and she may be able to work a deal later. But I would avoid them and hope that nothing else adds to her problems until she can deal with it.

[jlynn]

You should also know that Capital One very seldom ever sells their bad debts.

[Dallas Student]

Yea, I have a few from them right now that I am trying to deal with, with much lower balances. However, they had other collection agencies trying to collect on them. However, none of them are ARS, but when I sent them C&Ds, they abided by them (knock on wood).

From my searching, I had found out that they don't ever go away, they stick like glue to your credit reports, and they continue to call (unless there is some act of God that happens in your favor).

I am just curious to know if I changed the number temporarily for a month, would that make them go away? Or would they continue to call?

[stargazer0725]

Do they use the same "wireless numbers" to spoof you when they call? If so, you could try blocking those numbers.

[neil5623]

It is (or at one time) possible to get a temporary phone number change. I did that ~15 years ago and it worked.

I have five Cap 1 TLs totaling over $5K, out of SOL. (Not bragging or proud of it) Didn't bother me after I asked them to please don't call anymore.

[Lucy]

Do you have call block service in your area? If so you can block up to 6 numbers at a time including toll free. At one time I know that you could put your phone on vacation meaning that your phone would be temp disconnected until you requested service restored, however I do not know if the telephone companies of today offer such. Call your local carrier and ask about call block and temp disc service. As for Cap1, I have one out of sol acct that has one more year to report on my cr. One time a ca sent a notice trying to collect. After a nice letter that I sent back I've never heard from anyone again. (Knocking on wood)

[Dallas Student]

The phone number changes daily, on days it's from a 718 area code, the next it's a 404, and then the next a 312. They call all day long from one number, and then they call the next day all day from a different spoofed number.

We have call block on the phone. And that was the first thing I tried. However, since all of the numbers are outside of my calling area, they can't be blocked.

I supposed that it's just a toss up as to what to do. Out of curiosity, if she does do another C&D, and they decide to sue, are you able to negotiate a settlement at that time?

[jlynn]

Originally Posted by Dallas Student

, are you able to negotiate a settlement at that time?

That's never a guarantee.

One final reach, since you are the owner of the phone number, is to check out the Public Utilities Commissions rules on harassing phone calls.

[Lucy]

At one time I read somewhere what constitutes as harassment as far as phone calls go. I wish I could remember exactly but it seems that if a number calls, say 10 times a day, that could be considered harassment. Keep a paper & pen by the phone and write down each number and at what time they called. Try looking under the FDCPA and see if anything is written about phone calls. Call your phone company and ask them what they consider as harassing phone calls, they may can give you some ideas, you don't have to tell them it is a ca calling, just tell them you are getting spoof calls. These places have some nerve!!

[stargazer0725]

Are these numbers true spoofs? Meaning, have you tried calling them back and getting an "invalid" number message, or at least someone else entirely.

If you want to go the hardball route, you might try letting them call several times during the day using the same spoof, then answer the phone and ask who's calling (and from what company). When they fess up to the identity of their company, tell them that they have been deliberately altering their caller ID number all day long and that is a violation of the FDCPA and demand that they stop. Do this several times, each time stating you've informed them on X number of occasions to stop falsifying their identity. Needless to say, since you're in TX, you probably should record all of these conversations.

[Lucy]

http://www.privacyrights.org/fs/fs3-hrs2.htm

[Dallas Student]

Thanks for the suggestions.

I'm not sure what to tell her to do. I guess that we will figure something out. In all situations we just never know what they're gonna do, and it's the same here.

[tabufx50]

you can still negotiate with creditors, even capital one, regarding the actual amount owed. Everything is negotiable.