Lawdog
Senior Member



Joined: March 23 2005
Online Status: Offline
Posts: 110

Posted: April 07 2005 at 6:33am | IP Logged

We've heard the tape and the creditwrench site has prescribed methods of dealing with the collection call. In the real world there are lots of subscribers to the Creditwrench Method but there should be an in house policy for dealing with situations where someone trying to set up FDCPA violations. Deliberate belligerence should be construed as a contrived effort to set up violations a la Lizard King when he made accusations of profanity used against him - the tape of the call was an absolute defense. A reasonable sounding agent on tape complying with statute is the best defense. The main thing is for the collector to keep his or her composure and know when to fold 'em and forward the call to a supervisor. A supervisor then needs to follow the exact letter of the law and send a validation (even if past the 30 day period) with a proof of delivery. Also the address should be confirmed, is this a valid resident address where you can receive formal mail. I don't mean to say all complaints of FDCPA are not valid but the ones where someone is spoiling for a fight and trying to set up violations warrents special treatment. Anytime you hear a debtor asking for the agent's social you know its the Creditwrench Method. This situation and that tape should be incorporated in training. Since Creditwrench was kind enough to give permission to use the recording I would use it to set up an agent for FDCPA violations.