Orachard Bank - HSBC Continued Collection Calls Despite written notice to stop! Salinas California
I got laid off from my job two months ago, and have fallen behind in my payments. I started receiving up to 10 collection calls a day from HSBC/Orchard Bank. I sent them a written "cease and desist" notice via certified mail, and the calls still continue, despite citing the Fair Debt Collection Practices Act. I sent my second notice to them today. My caller i.d. captures over 10-12 calls a day from these people.
In light of the job loss, when faced with living on the street or paying credit card bills, I elect to keep my rent payments current. This may rattle some nerves, but until you are in my shoes, you won't understand. Don't fall for this company's pseudo-friendly-hey-let's-work-it-out collection notices. It's just a means for them to obtain your bank account number so they can tap your account without permission. Fortunately, my roommate brought me up to speed on their collection tactics...don't fall for them, no matter how "friendly" their letter sounds. Do as I have done...file a complaint with the FTC regarding their debt collection practices. An entity is supposed to stop all collection calls once they receive written notice to do so.
Maria
Laguna Beach, California
U.S.A.
2 Updates & Rebuttals
Robert
Buffalo,New York,
U.S.A.
Nope!
#3Consumer Comment
Thu, October 18, 2007
""An entity is supposed to stop all collection calls once they receive written notice to do so.""
Not true if they are a first party creditor doing their own collections. Read the federal FDCPA and you'll see for yourself.
However, because you're in California, you have the additional protection via the Rosenthal Fair Debt Collection Practices Act which essentially states that ALL collectors and creditors, including first party creditors ,must comply with the restrictions of the federal FDCPA imposed on debt collectors.
Clearly they are violating that. You could possibly file suit in CA district court and nail them for $1000 per pop on the violations - especially if they have a business presence in CA.
The California AG office should be of some assistance since they clearly are violating CA statutes.
Good luck.
Jim
Anaheim,California,
U.S.A.
FDCPA Doesn't Apply - FTC May Help
#3Consumer Comment
Thu, October 18, 2007
It's important to note the FDCPA does not apply to 1st party collectors - which is what they are in their relationship with you. A Cease and Desist letter will not work with 1st parties either. I would complain to the FTC but I don't know of what value or of what help they will be.