Hi All,
I am currently going through the same thing myself. I just received my first call from 500-000-0000. Because of disability I to have fallen short on my B of A credit cards.
I would like to give you some helpful suggestions with this “Louie the Loan Shark” type of debt collection. First off Creditors Interchange is merely a third party collection agency, that’s it. They are fully governed by the FDCA, regardless of anything they say or do! Remember that!
In most states law allows a five years period for collections. They are not allowed to collect on dept over five years or report to the credit bureaus.
Did you know that in your original credit card contract with B of A that you agreed to arbitration instead of a lawsuit? This prevents “Class Action Lawsuits” against B of A which could cost them a lot of money.
IMPORTANT INFO IF THEY CALL YOU: At the beginning of the call tell them that you will be recording the call. If you really don’t want to talk to them this is a fast way to stop them dead in their tracks. They will not proceed with the call.
1. They can only call between the hours of 8:00 am up to 9:00 pm M – F from 8 – 5 Saturday and from 8:00 to 12:00 noon on Sunday in Florida. Not sure about weekends on other states. Calls made to you beyond these times are a violation of the FDCA.
2. If they are calling a family member, co-worker, parent or sibling about your where a bouts they must identify themselves by name. They cannot state that a debt is owed. Where they get you is that they are only allowed to communicate with you once. Unless they reasonably believe that earlier response by you was erroneous or incomplete. But remember that you can request that they not call you and that your number be placed on a do not call list.
3. They are not allowed to harass you AT ALL! No name calling, fowl language etc! They are allowed to call anyone whom you listed as a reference. If that person does not want to speak with them they can request that their number be placed on a “Do Not Call” list. The company must comply. If they do they are in violation of the FDCA.
4. They cannot threaten anyone at anytime. If they do they are violating the FDCA.
5. You must tell them that they are not allowed to call you at work. If you specifically tell them that you are not allowed to receive calls at work and that their calls could jeopardize your employment, they must stop calling you at work. If they don’t they violate the FDCA.
6. If a consumer notifies a debt collector in writing that the consumer refuses to pay a
debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with
respect to such debt. Send your letter registered return receipt requested. I have provided the addresses through the link below.
7. Here is a list of the Harassment and Abuse violations.
(a) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(b) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(c) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section
603(f) or 604(3) of this Act.
(d) The advertisement for sale of any debt to coerce payment of the debt.
(e) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the
called number.
(f) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity.
Please read section “807” of the FDCPA. It’s a very important section about false or misleading representations. Most of the stuff that I read in the other threads have been a total violation of the FDCPA.
Here is their main website.
http://www.creditorsinterchange.com/Here is a listing of their addresses. However send all correspondence to their corporate office.
http://www.creditorsinterchange.com/creditors_home/contact.htmHere is the website for the “Fair Debt Collection Practices Act”.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdfPlease download and read this document. It will help you considerably!
Creditors Interchange
Corporate Office:
80 Holtz Drive,
Cheektowaga, New York 14225
Finally CALL A LAWYER! Did you know that it’s a $10,000.00 fine for each violation that they commit. There are many collection abuse attorneys out there!
Hope this helps you guys!
RF.