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  1. #1
    Join Date
    Mar 2011
    Location
    Delaware, OH
    Posts
    14

    Default Debt Collector Calling After Being Told Not To Contact

    My question involves collection proceedings in the State of: DE

    I have private TERI student loans from 2001 that have defaulted. I was unable to claim them in my 2003 bankruptcy. I have never made a payment on them and only requested forbearances etc to extend the payment owed.

    Several months ago I was contacted by a debt collector and wrote them to not contact me again. They responded by attempting to serve me “breach of contract” paperwork. They never served me and the paperwork was sent back as such.

    I have asked them to validate the debt and they sent copies of promissory notes with incorrect amounts listed on them. I believe the loan amount was lowered by several thousand dollars, but no new promissory note was signed and my school did not certify the loans.

    They sent several documents showing differing amounts owed for these loans and have never explained why the amounts are listed differently. They never sent payment history etc.

    1. I have written several letters (certified mail/return receipt) requesting only to be contacted by mail. I did not hear from them for months and now again they are calling me everyday stating “this firm is a debt collector” and “this is an attempt to collect a debt”. I’m assuming they are attempting to get a default judgment and know they can contact me again to tell me. Are they allowed to call everyday for over two months when they’ve gotten recent letters stating to contact me only by mail?
    2. The state SOL should expire within 6 months according to my calculation based on the expiration of my last forbearance request. Would they have access to AES records to know when my last forbearance request expired? Without this knowledge these loans would be past SOL and time barred, they have refused to answer my requests to SOL expiration questions.
    3. Per my request for an assignment of the debt they sent a letter from AES to TERI dated in 2004, assigning rights to Teri. They are not the original lender but state merely that TERI is their client. Is this proper documentation for assignment of the debt?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Debt Collector Calling After Being Told Not To Contact

    Quote Quoting cfm001
    View Post
    Several months ago I was contacted by a debt collector and wrote them to not contact me again.
    Exactly what do you mean by "a debt collector"? In-house collections? A collections law firm? A third party debt collector? Something else?
    Quote Quoting cfm001
    They responded by attempting to serve me “breach of contract” paperwork.
    They can sue you.
    Quote Quoting cfm001
    They never served me and the paperwork was sent back as such.
    Exactly what does that mean? How do you know that "the paperwork was sent back" if you didn't receive it?
    Quote Quoting cfm001
    I have asked them to validate the debt and they sent copies of promissory notes with incorrect amounts listed on them.
    Within how many days of their first contact?
    Quote Quoting cfm001
    I did not hear from them for months and now again they are calling me everyday stating “this firm is a debt collector” and “this is an attempt to collect a debt”.
    You told us a minute ago that they were suing you. Now they're not suing, but are calling and asking you to voluntarily pay? Please clarify what is happening.
    Quote Quoting cfm001
    I’m assuming they are attempting to get a default judgment and know they can contact me again to tell me.
    They won't get a default judgment by calling you. If you mean that they have obtained a default judgment, and that they're calling you about your new obligation (the default judgment) as opposed to the prior obligation (the student loan), and they're a third party debt collector, feel free to instruct them to stop contacting you about the default judgment.
    Quote Quoting cfm001
    The state SOL should expire within 6 months according to my calculation based on the expiration of my last forbearance request.
    If they've already sued you, they've already sued you. If they already have a default judgment, they already have a default judgment. Clarify.

    Also, depending on the full facts, the loans may be exempt from a state SOL.
    Quote Quoting cfm001
    Per my request for an assignment of the debt they sent a letter from AES to TERI dated in 2004, assigning rights to Teri. They are not the original lender but state merely that TERI is their client.
    We're back to the first question. If they mean "TERI is our client" because they're a law firm representing TERI, that doesn't mean that TERI is no longer owner of the debt.

  3. #3
    Join Date
    Mar 2011
    Location
    Delaware, OH
    Posts
    14

    Default Re: Debt Collector Calling After Being Told Not To Contact

    1. They are a law firm who states that this law firm is a debt collector.

    2. I read the state court website showing they filed breach of contract paperwork. The site also states that they sent out the court documents for service. That paperwork was sent back to the courts as an unsuccessful service. Basically I work long hours and was never home, so they were unable to serve me the paperwork. Although my young son was home and did not answer the door, but I was able to figure out who it was etc.

    3. I received 2 separate notices for two different loans. The first notice I replied by asking them not to contact me at all. Per the state court website it looks like this is when they filed the breach of contract paperwork. I received the second notice weeks later for a second loan and then requested that they validate the debt within the 30 day timeframe and allowed them to contact me by mail only. Within 7 days, they sent several copies of promissory notes and other documents with varying loan amounts on them, to me as they’re response to my debt validation request. At the time I mailed my request they were attempting to serve me court documents, I did not know this until later. I’m assuming this is why they responded so quickly to my debt validation request, because I believe they are to stop all collection activity until they respond??


    4. Again I looked at the state court website and saw the breach of contract paperwork was filed, but there was unsuccessful service of that paperwork. Now that they did not serve me I just assume they are contacting me again (5 months later without hearing from them) to get some type of default judgment. Is this how it’s done or would I get some type of notice in the mail?

    5. It’s my understanding of the laws that I can tell them not to contact me by phone (which I have sent in writing 4 separate times all certified/return receipt) but if they are attempting to file some other type of legal action or go for a default judgment they are allowed to contact me again by phone to tell me. It just seems strange that they are calling daily and simply state “we are a debt collector and this is an attempt to collect a debt” when they were told 4 times in writing not to contact me by phone and only contact me in writing. While I did not hear from them for several months in between the unsuccessful service of court paperwork and now, I have mailed a recent letter requesting to only be contacted by mail. I guess I’m assuming they are calling simply to tell me of further legal action and may be within their rights to call me, I just find it hard to believe they are allowed to call daily (for almost 2 months now) stating they are attempting to collect a debt and not stating anything about further legal action. Are they violating the law?

    6. NO default judgment to my knowledge as I’ve not received any documentation and nothing further on court website updated since a few months ago when it states the breach of contact paperwork was sent back to the court with unsuccessful service. All I’ve received in writing recently was a letter dated in August stating they were in receipt of my February 20th letter requesting debt validation and that this August letter will act as verification of the claim against me. The letter further states that their client is TERI and an assignee of the original bank creditor and to contact only them regarding this matter. Please contact to avoid further action. They enclosed more copies of an “Application/Promissory Note Signature Page”, note disclosure statements with different loan totals than listed on the application/signature pages and an assignment of rights from AES to TERI dated several years ago.

    7. In my debt validation letter I requested that they prove to me that they were assigned the debt or own the debt and therefore (as I understand the law) they are allowed to collect the debt. They are a law firm who states that TERI is their client, in order to satisfy my request they sent a copy of a document (when the loans defaulted originally) that AES gave the rights back to TERI. Again it’s dated back in 2004 and does not mention this law firm.

    8. How do I determine if my private TERI student loans are or are not exempt from a state SOL? The promissory note states that TERI’s home state is where the SOL will be determined, but that time period is the same as my state.

    9. I just realized that the “application/promissory note signature page” as it states at the top was just my application for the loan. I was never approved for the amount listed on this document and this is why the Note Disclosure Statement (giving interest rates etc) shows a different loan total. Is this enough proof of signature of an actual promissory note?

    Thank you for your help.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Debt Collector Calling After Being Told Not To Contact

    Those automated calls are designed to get under our skin and make you pay. It appears to be working in your case. How do you know they received your letter? Just as you refused service, they are playing the same game. Turnabout is fair play. Ultimately you will lose because they keep adding interest and will eventually garnish your SS.

  5. #5
    Join Date
    Oct 2011
    Posts
    1

    Default Re: Debt Collector Calling After Being Told Not To Contact

    Exactly what do you mean by "a debt collector"? In-house collections? A collections law firm? A third party debt collector? Something else?
    Sorry I hope I'm not hi-jacking the thread here, but I think it's pretty relevant. Why is this above question being asked? Does it mean that if the collection agency is inhouse that they have the right to call you even if you notify them you only want to be contacted by mail?

    I read the following

    Additionally, if you don't want to be contacted by phone, you also have the right to tell them they can only contact you in writing and they are bound by law to comply with your request. If they call after this request has been made, it is considered harassment. This is a point many people are unaware of.
    source

    by no means is the source a lawyer, but can you confirm or deny it? Does it apply to ALL debt collectors?

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