I have many messages left on my answering machine from debt collectors. Some of which I believe are violations of the FDCPA. Creditors Interchange has left messages about expediting judgment against us-no mini-miranda ever. Fred Hanna Associates mention they are debt collectors. And they do say that if this is not so and so hang up now. NCO wouls alway say the this was an attempt to collect a debt. Nationwide did so also. National Action Financial Services stated this is from a debt collector.
We filed BK March 30, 2009, and for several weeks I received calls from NCO about 49, Nationwide-4, National City-our home equity-they kept sending statements all the way into May asking for payment and last called May 14.
June 5th we recevied a could not make the name out but the telephone number was clear. And then on June7th we recevied another call this time I answered. She was very hesitant in giving me any info. Finally she said she was collection for Capital One and they just sent the file to them. Asked her why they would do that when we filed BK. She got rattled. So I asked her if she knew what the FDCPA was and her reply was “What did I do something wrong? What is that?” I did give her attorney’ name and number and no calls today.
My question is actually I have 2. Have the collection agencies I mentioned violate the FDCPA but leaving the messages they left on the answering machine? Also what recourse if any can be taken against the many phone calls I received after filing BK.
Attorney just told me to ignore them and then later said I should have answered and gave him his number. Shouldn’t they be reported to the Bankruptcy court for violating BK code. We also had a vehicle repo after the filing. Shouldn’ that be reported also.?
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The AnswerI Filed Bankruptcy and Debt Collectors Are Violating My FDCPA Rights - Maria by Steve Rhode