Refused to Send Letter
Complaint
Dee Gist
Country: United States
I can't accept these types of calls at work and they called my home phone repeatedly while I'm at work. I've sent an email to find out what's going on and they responded they sent me a letter. Two weeks - no letter - so I emailed again and requested a letter. They said they couldn't send info by email but if I called and VERIFIED MY PERSONAL INFORMATION, they would tell me. That didn't sound right so I again requested a letter sent home. Their response: i was wasting their time and someone else must've opened the letter. If they are a legitimate collection agency, why can't they just re-send a letter stating their business?
Comments
They called you, and in fact talked to you. As a result, under FDCPA, they had 5 days to send you a letter regarding whatever debt they claim to be collecting on, notifying you of your right to dispute and request validation of the alleged debt. There isn't even any requirement that they determine your identity before sending you that first letter, and in fact, many collection agencies just send out letters without any attempt to call.
"i was wasting their time and someone else must've opened the letter. "
That is an excuse on the order of "the dog ate my paper", combined with attempting to belittle and intimidate you by claiming it is your fault you never got the letter they never sent, so there is some (implied) legal consequence to you. A legitimate debt collector in compliance with FDCPA would just have sent you another letter.
Instead, although they are supposedly attempting to collect some alleged debt, they are evading their FDCPA notification obligations, while they make implied threats combined with lame excuses to cover their A$$es.
That implies one or more of these cases:
1) They don't know if you are the correct person. (Then why do they keep calling? They would just send their letter and let you send a dispute to resolve it.)
2) They think they can talk you into paying (by virtue of their charming personalities?) better on the phone than a simple written letter for which you could request documentation of the alleged debt. (If they are so sure you owe it, why are they evasive? What are they hiding?)
3) They do not want you to know of your right to dispute and request validation of debts. (Assuming their claim to have sent any letter is B.S., as implied by their evasiveness, they are already in violation of FDCPA.) They may actually have sent a letter to some other address, but intend to use this lack of notification against you.
4) They may be attempting to collect on a debt they already know you might not owe, so their best chance is to take advantage of most consumers' lack of sophistication to intimidate them into paying without having to reveal details that might disclose that the debt is not owed, or that they are not the party who owes it. (Playing such games implies they routinely engage in illegal or fraudulent "debt collection".)
Send them a letter, indicating the dates and times they contacted you, and that they cease calling you and restrict their communications to U.S. Mail.
Indicate that you are not permitted to receive their calls at work, and that it is inconvenient to receive their calls at home as well.
Note that you have received NO letters from them after their initial contact as required by FDCPA. Indicate that you have no idea what alleged debt they are attempting to collect on, as they have refused to provide you any information on it, but that you dispute it anyway, request validation, and request that they cease all collection until they provide documentation of the debt and proof that you owe it. Send your letter certified, return receipt requested, so you have proof of their receipt.
Then send a written complaint to FTC, your state AG, and the Maryland AG, for their violations of FDCPA, including failing to send the required initial notification letter, repeated harassing calls, and deceptive collection (attempting to deceive you regarding your FDCPA rights).
The last time I spoke with them, I informed them of their illegal practices written out by the FDCPA, in that they had threatened action to sue or file charges against me, fail to send a written debt validation notice within 5 days of collectors initial communication, and charged intrest to my outstanding debt, all things are illegal. The "man" hung up on me.
If we all ban together and write the Maryland Attorney General, I would hope something would get done. What a bunch of low lifes. My first initial contact with them, Patrick was yelling at me that I was lying, and really really working the guilt system. If I were an elderly naive person, I'de fall for it. Shame on them. Karma is a *&tch!
Cockeysville, MD 21030, for calling me constantly about a past consumer who's phone number I inherited. I now have a JUDGMENT IN DISTRICT COURT IN MICHIGAN FOR $3000.00 (max small claims) based on their activity. I would advise anyone who deals with this company to review your rights under TCPA and FDCPA.
Thank you have a bless day
Sir. We are not actively collecting on your account. The Fair Credit reporting act requires that we adjust our mark to show disputed as you have disputed the account. We have made the proper adjustments on the credit report. We have applied for all documentation regarding this account. A "cease and desist" letter does not effect the credit report.
You have not stated that you did not have the account just that you can't pay as you have been unemployed. We work with many people that are going through hardships. Especially in this economy, we make every effort to assist customers in resolving their past due obligations in such a way as to retain their dignity and self respect. We are A rated by the better business bureau.
Sir we are the good guys in this industry. I am sorry that the economy has kept you out of work for so long. I have no doubt that you intend on resolving your obligations as soon as you stabilize. We would like to be here to assist you when you are ready which means, we want to keep an open and honest relationship with you. You making threats and trying to avoid the debt will not help establish that positive relationship.
I appreciate your willingness to work on this account. I would just hope that you spend the build of your time trying to "resolve' the obligations not "avoiding" the obligations.
Let me know how else I can assist you in resolving this debt.
William Pace
CEO
This communication is from a debt collector. Any information obtained will be used for debt collection purposes only.