Do to financial hardship my husband and I were forced to enact our rights under the Fair Debt Collections Practice Act. Forced to declare a Letter of Hardship... The letters we sent out to our credit card companies... All of them.in the letter it stated in writing that we wouldn't accept phone calls but we would accept correspondence. Every single credit card company replied with a letter of concern and compliance except Cabela's Club Visa.
Not only have they broken the law, in accord to the act itself which I have read front to back but they actually think the act doesn't apply to them.
The act is an act of congress and it ensures our rights against aggressive collections.
They called 2 times in one day after receiving the letter... With a partial payment! They stated on the second phone call: "We are a 1st party creditor/collector and that doesn't apply to us. We have the right to call you and will continue to call you. We did receive your letter and that's why we are calling."
Nowhere in the act does it state in article 805 that ceasing communications only applies to 3rd part collection and the very fist page defines collectors as both 3rd party and original creditor. (1st party)
They do not know that I can now sue them? I have made a written log of day, time and what was said. I have certified mail proof they received the letter, yet they think they are above the law!
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