hmmm...an interesting tactic.....
i did not intend to develop this as a tactic against debt collector calls. It arose spontaneously from some prank universe is playing.
Basically what has happened is that since Chase Bank took over (probably illegally, certainly without doing their real work) from WAMU bank, my mortgage payments have been going astray within their system. i mail them out as usual, regularly, and yet these last 3 or 4 payments have not made it into their system in a timely fashion (like that is my fault), and as a result, i have been receiving early morning phone calls from their 'debt collections debt'.
Now note, i am old, raspy, and get up early usually as a result of pain....so calling very early gets me at my peak, while the old wounds are still sharp, and the wits are eagar for contention just as a distraction until tea is ready.
It should come as no surprise then, that confronted early in the AM with the statement that 'this call is being recorded for debt collection purposes' resulted in my reply that 'well, ok then, if you're going to record, so am i', and i trot off to get my handy little phone-to-pc recorder and fire up Audacity.
When i returned, i was informed that 'you have no right to record this call'....which of course, was JUST the wrong thing to say.
Instanly my response is, "EXCUSE ME?!? are you calling from Washington State? Do you know the laws in my STATE of residence regarding mutual assurance of documentation under contract law?!? Are you aware that you are performing contract work as an agent at this moment, and as such are acting for your principle and likely have the authority from your principle to alter contracts?! If so, you are modifying a contract, and if you are recording toward the purpose of validating contract alterations, then under the REVISED CODES of WASHINGTON, and the Uniform Commerical Code, i also have the RIGHT to a copy of any and all contract alterations!".....
Well, i was then informed again, that 'sir, you have not a right to record'...that is when i went ballistic and demanded to have the woman's supervisor put on the line....off to hold i went where i waited with their shitty music for 4 minutes out of courtesy before hanging up.
There was a return call. Instantly i informed the woman that i was going to record this call and if she had any legal justification for an objection she should cite such now as i was recording. Her response was to put me on hold with the shitty music. Again, a courtesy few minutes, and then screw it....my time is important, and i am working, so time is money....as i will so inform the next Chase agent to call....hmmm...now what shall i bill them for the mistake, the problems, and the time intrusions....
Next time i receive a call, i will at some point put them on hold and will play the latest episode of Max Keiser on Russia Today during the interim...much more educational and worthwhile than the shitty tunes over at Chase collections hell-hole.
And yes, i will record the next call up the bozo-chain at Chase....it is my right, as a human, and yes, even my right under contract law.
9.73.030 Revised Codes of Washington
Intercepting, recording, or divulging private communication — Consent required — Exceptions.
(1) Except as otherwise provided in this chapter, it shall be unlawful for any individual, partnership, corporation, association, or the state of Washington, its agencies, and political subdivisions to intercept, or record any:
(a) Private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points within or without the state by any device electronic or otherwise designed to record and/or transmit said communication regardless how such device is powered or actuated, without first obtaining the consent of all the participants in the communication;
(all parties MUST agree...definition of a contract being formed at that moment - this is why i informed them that i was also recording (right to have a copy of the contract) - note from hph ).
(3) Where consent by all parties is needed pursuant to this chapter, consent shall be considered obtained whenever one party has announced to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted: PROVIDED, That if the conversation is to be recorded that said announcement shall also be recorded.
No law or code of the state in which i live, allows an individual, or corporation to record a conversation with me, and also to deny me that same right. Even the feds, if they thought i was engaged in nefarious business, must first obtain legal warrants prior to recording (not that this is difficult), and this state law is NOT superceded by any federal statute.
Soooo....now that they have pissed me off...let's see where this one leads...
It belatedly occurs to wonder just what crime against karma these poor humans working at Chase committed to be assigned to my account.....
Oh, and also note that if you are sending a QWR (qualified written request) letter to a lender, be sure to request a copy of all recored conversations with you, and all notes made by any agent, or employee, of the firm, or of any employee of any firm hired by the lender in any capacity whatsoever. They will shit bricks. Pretty much guaranteed.
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