Author Topic: Sample DV  (Read 1431 times)

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cgoodwin

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Re: Sample DV
« Reply #30 on: Yesterday at 11:20:33 AM »
Yes, you can put that calls are inconvenient, but not so, that it covers 24 hours a day. That in effect takes away the creditors right to contact you. I agree with Bruno that you can out that in and they may or may not honor it. On the other hand to do so is also making it a full C&D. There is no partial C&D. Just as you can not limit them, they must have a time that they can call, otherwise they would never get to collect. And not all of them have your mailing address to write you. I had this explained to me by an attorney years ago!

This issue is simple.  They cannot call from 8AM to 9PM already.  If you cannot receive collection calls at work, that eliminates 8-10 hours a day for most people already so they are already down to 3-4 hours each day that are "convenient".  If my letter restricts those times further, then that is their problem not mine.

As far as the "not having my mailing address".  :o  That will be interesting if I only have a cell phone and have not given them permission to call it.  Also how does this attorney think they will eventually serve you if they do not have an address for you.

Again, there is no "Mini-Miranda" defined in the language of the FDPCA, but the courts and case law have defined what needs to be included and where it needs to be on the letter.

They legislature included the language for a reason.  If you are not using the law to your greatest advantage, you are doing it wrong.

Quote
805.  Communication in connection with debt collection   [15 USC 1692c]
(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;
If you think this is legal advise.......
ask yourself why I wasn't smart enough to avoid this myself?!?

Brunothe JDBKiller

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Re: Sample DV
« Reply #31 on: Yesterday at 02:47:26 PM »
Contact is mentioned in two different sections. One is the 8-9 thing, unless information to the contrary is known.

In the absence of knowledge of circumstances to the contrary


 You make it known by telling them that ALL calls are inconvenient at home or at work. They do NOT have a blanket right to call you if you don't want them to.

The second part is a straight cease and desist, which means they can't contact you at all, including work numbers. As noted, you cannot re-write the statute and make a partial cease and desist. If you want them to send mail, use the other section and do not use the term cease and desist.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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