Liars!
Complaint
Gaddi
Country: United States
Has anyone else had the problem where they set up a settlement with them and starting paying them off and they denied you making that settlement? I recently made a settlement offer with them and after paying off the new amount, they asked me to pay the original amount as if I didn't pay anything. This is their way of making you pay it all in the end. Please let me know if anyone else had this problem as I am looking to take legal action
Comments
They said it was from a Credit Card I had 8 years ago and I did not recognize the name. I told the jerk I wanted back up information and I am not going to pay them because he said so. He told me to write a letter.
If the alleged debt originally went delinquent 8 years ago, it would be illegal for them to put it on your credit reports, whether it was yours or not. If they threaten to do so, they may be in violation of FDCPA for using deception to attempt to collect a debt.
You should, however, send a letter disputing the debt as not yours, and requesting that they send proof that you owe it from the original creditor. Send that letter certified, return receipt requested so you have proof of your timely mailing and that they received it.
Under FDCPA, if you request proof within 30 days of receiving their first collection letter, they must cease all collection activity until they obtain and send it. If they continue to collect without sending proof, you can sue them.
If you have any problems, contact your state Attorney General, and the Minnesota Attorney General.
I was re-married on July 23 1993 and my name has been Baker for almost 17 years. I received a notice from Northland indicating they would settle a debt with Parisians for $196.57. My husband paid this settlement 16 years after we were married. This year ARROW Financial Services sent a 1099-C statement to the IRS indicating this $631.60 as income. Although Parisians was sold to Belks around four years ago and Belks indicated no payment due and we never received a bill from Parisians in the last 16 years Arrow Financial Services repoted this as Dept Cancellation to the IRS but they failed to check the bankruptcy block. We have written the IRS a letter and am mailing it with our 1040A form. This whole story is going to the IRS! This company is a "SCAM" and so is Arrow Financial.
Based on the law, they cannot contact you at your place of business. They are only legally able to contact you at your home; you can also send a stop and desist letter via certified mail.
Record their conversation, when you speak to them if you do, many of them have no clue of the law and make drastic mistake threatening people. They can't make any statements in which they can destroy your credit, call your family, call your work and or tell everybody that you have debts and you do not pay, this is protected by the law. IN this case now you have the upper hand, as now they open the door for a lawsuit, almost any attorney will take this type of cases on contingency. Is an infringement of your rights and punish by law. This people use scare tactics to scare people and even collect many times the same debts that have been paid previously.
The reality nothing that they can do, if you do not or can't pay, they must take you to court and get a judgment against you, then they need to be able to collect.
You want to get even, call then day in and day out, to their numbers use redial, and have anybody that you know do the same, do it day in and day out, that will shut down their PBX system, if they do it to you do it to them.
Yes annoying, but effective if hundreds of people do the same and saturate their phone lines.
Remember their 800 are free to you, they pay for it, call put them on hold and have your friend do the same, do this every day as much as you can. IF they have the right to harass you, you have the right to do the same to them. They called you first! Block your number if that makes you feel more comfortable. You are not subject to the same laws , do not talk to them, that is what they want, if you call back and talk to them they are verifying that you are acknowledging the debt regardless of the purpose of the call as they will not believe you are not the right person.
Here are some of the biggest scan bags in the industry, and believe me they are all scan bags at the end. They count on you to be afraid of them.
RGS Financial
http://www.rgsfinancial.com/
P.O. Box 852039
Richardson, TX 75085-2039
RGS Financial, Inc.
1700 Jay-Ell Drive
Suite 200
Richardson, TX 75081
Call their 800 numbers is free to you but not to them.
They use many spoof numbers if any, as many times they use no caller ID on purpose but they leave you a number to call. Always keep the recording particularly if they are menacing and report does to your police local department as now you have a legal record.
Spoof Number used: 1310-953-3485
Viking Collection Service, Inc.
Minnesota
7500 Office Ridge Circle, Suite 100
Eden Prairie, MN 55344Arizona
2075 West Pinnacle Peak Road, Suite 110
Phoenix, Arizona 85027 Spoof number use caller id Block. One of their numbers is 1800-287-5802
Primary Financial Services also uses Collection agency services to mask there illegal practices (http://www.collectionagencyservices.net/)
http://www.primaryfinancial.com/ (Their web site is been down for long time to be able to cover their illegal practices)
3115 N 3rd Ave Ste 112
Phoenix, AZ 85013
(602) 279-1000
1800-661-0086
If you want to negotiate a settlement call your original lender directly, do not negotiate with this scan bags, they are on commissions or percentages based. Many banks and lender will negotiate up to 80 % of the debts, make sure they do not report it to the IRS if not they can make you pay the taxes on the remaining amount, and make sure they clean your credit, get it in writing first.
Don't get mad get even.
People which do block the caller ID and or use Spoof numbers always have something to hide, that is the only reason they will use a Spoof number (Fake number / Voip Number / Or PBX number whit no actual connection only rings and then dies) Report them to the Authorities, this business practices are illegal and punish by law: if they use spoof numbers, Obscene and rude language, threats, harassment, all this are felonies and punish by law. Report them to your Local Telecom provider, your local District attorney, the local police department, your local senator, record the conversation and keep any and all voice mail left, don't be afraid, they can do absolutely nothing to you till they take you to court if you owe them any money, is futile to argue with ignorant people.
THIS IS AMERICA,
More info
They don't get to choose whether they grant a dispute. They have to follow the law, specifically FDCPA.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
They claim that you can't dispute it just because you didn't receive it in less than 30 days is false and deceptive, and therefore a violation of FDCPA. FDCPA does not say that anywhere.
What it says is that their initial notice to you must say this:
"...
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
..."
THe 30 day FDCPA validation request period does not begin when they send it, but when your RECEIVE it. They may assume you have received it, say, 5 days after you mailed it, but that assumption is rebuttable, as in your case you couldn't have received it until returning from your trip.
Note that you have 30 days from YOUR RECEIPT of their letter, and if you were out of the country, you obviously didn't receive it until you got back.
They are using a deceptive misrepresentation of FDCPA in an attempt to convince you to pay a debt you may not even owe.
The dispute provisions in FDCPA do not make an alleged debt owed just because you fail to dispute, or fail to dispute in a timely fashion. In fact, it specifically states that no court can construe a failure to dispute as an admission of liability.
NOTHING says you can't dispute even after 30 days. NOTHING says you owe it if you don't dispute, only that they can assume you do. It just says they can continue to attempt to collect, whereas if you request validation within 30 days of receiving their notice, they must cease collection activity until they send you proof.
In fact, you can dispute at any time, regardless of whether 30 days has passed, and they must notify anyone they disclose the alleged debt to, including credit reporting agencies, that you dispute it.
If they are putting erroneous collection account information on your credit reports, you can also dispute that, through the credit reporting agencies, and if they erroneously "verify", you can sue them for their error.
Send them a letter, certified return receipt requested, notifying them that you dispute this debt and are requesting validation. Indicate in your letter that you received their letter on <nn/nn/nnnn>, on returning from a trip out of the country. Make sure you mail this timely, so your certified mailing date is within 30 days of the date you returned, but regardless, get it in the mail.
If they want to ignore your provably timely validation request, they run the risk you will sue. Do they feel lucky?
If you have any problems, file a complaint with your state Attorney General for their violations of FDCPA, for deceptively telling you that you couldn't dispute and request validation.
Your certified receipt proves when you mailed your letter, your green card or USPS website confirmation shows when they got it, and your airline tickets, and passport stamps, or credit card charges prove when you left the country and when you got back.
If push comes to shove, you can prove your dispute is timely, and your inclusion of your letter receipt date in your dispute refutes their presumption that 30 days has passed, and puts them on notice that they must comply.
If they fail to cease collection until they send proof, given notice as above, you sue them. It doesn't matter what they think or tell you. All that matters is what a judge makes of it.
All commerce is contract.
They need to prove their contract with the company they say they are collecting for.
There must be a signed contract from that company with both their signatures.
They must have proof that you owe anything...via your SIGNATURE on a signed contract.
do not agree you owe anything to anybody, because you do not...until you agree you do.
Deny everything and make them prove it with your signature.
Credit card companies do not "loan" you anything. They create an account with your consent via a signed application (contract) or a verbal contract over the phone.
Then the Federal Reserve "credits" that account.
The "credit" comes from an account created with your NAME IN ALL CAPITAL LETTERS.
Your name in all caps is a strawman...a ficticious corporation, was created when your Mom signed your birth certificate.All your bills and drivers license have your name in ALL CAPS. That is not you until you admit it is you.
You are the authorized representative for the strawman name, the ficticious corporation.
all law is commerce...all commerce is contract and consent.
Research this and learn to control your corpration by signing everything like this...
By: your normal signature, Authorized Agent.
If you add "Without Recourse" below your signature you remove yourself from all liability.
Google "without recourse"
Google "Accept for Value" "
Google "strawman" a ficticious corporation.
Ficticious corporations exist only in a ficticious world.
Your strawman cannot do anything...it needs a human being (you) to give it energy.
You are the authorized representative, the energy.
A great website to help is one-heaven.org and http://www.scribd.com/doc/7354452/5-Acceptanc ... rth-Certificate#
Do the research and win!
Steve
CEASE AND DESIST LETTER: https://800notes.com/~sys~/r/?eu=AbtRHauIXZ0R ... J3Yp12LvoDc0RHa
DEBT VERIFICATION LETTER: https://800notes.com/~sys~/r/?eu=AbtRHauIXZ0R ... J3Yp12LvoDc0RHa
CONSUMER LAWS: https://800notes.com/~sys~/r/?eu=Qb0hmLzdXYsJ ... 5yd3d3LvoDc0RHa
STATUE OF (DEBT) LIMITATIONS ALL 50 STATES:
http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
STATUE OF (DEBT) LIMITATIONS ALL 50 STATES:
http://www.nolo.com/legal-encyclopedia/statut ... hart-29941.html
A DEBT COLLECTION AGENCIES "BEST FRIEND" IS TO WORK ON THE THREE MOST COMMON EMOTIONS.
(1) FEAR (OF THE UNKNOWN AS TO WHAT WILL HAPPEN TO YOU IF YOU DON'T "PAY" OR "REPLY" TO THEIR DEMANDS)
(2) IGNORANCE (OF BASIC UNDERSTANDING OF CONSUMER PROTECTION RIGHTS & LAWS)
(3) INTIMIDATION (IMPLYING THAT YOU HAVE DONE SOME ILLEGAL OR WRONG, THEREFORE
"YOU" HAVE THE BURDEN OF PROVING YOURSELF INNOCENT TO THE COLLECTION
AGENCIES THAT YOU "DON'T OWE" THE ALLEGED DEBT)
A DEBT COLLECTION AGENCIES "WORSE ENEMY" IS TO FIND OUT THAT YOU HAVE LEVELED THE PLAYING FIELD BY HIRING A CONSUMER DEBT/PROTECTION LAW FIRM, THAT WILL IN MOST CASES, EVALUATE YOUR CASE "FREE" OF CHARGE, AND FULLY ASSIST YOU IN GIVING AND TELLING YOU WHAT STEPS NEED TO BE TAKEN.
DEBT COLLECTION AGENCIES DO NOT, WILL NOT CALL 10 TIMES A DAY, WRITE THREATENING LETTERS, ANNOY, BOTHER, HARASS, AND INTIMIDATE CONSUMER PROTECTION LAW FIRMS.
DO NOT, DO NOT, DO NOT BE BULLIED, THREATENED AND INTIMIDATED BY COLLECTION AGENCIES. FREE LEGAL ADVICE IS JUST A COUPLE KEY STROKES AWAY.
25 Most Common Violations of your rights by Debt Collectors.
We have sued a fair number of debt collectors, debt collection agencies and debt buyers for violating our clients’ rights under the FDCPA. While the the list of debt collectors that we have sued continues to grow quickly, we have found that the majority of the collector violations are as follows:
Abusive contacts made by bill collectors
1) Repeatedly calling your telephone
2) Cursing, swearing or otherwise profaning at you during phone calls
3) Contacting and disclosing your debt to other people
4) Contacting you without disclosing their identity or the purpose of their call
5) Threatening to pursue criminal charges against you for failing to pay a bill;
6) Threatening to take action they do not intend to take, such as:
7) Garnishing your wages or taking your property when there is no judgment against you;
8) Threatening to call your employer and disclose the debt;
9) Threatening to turn your case over to an attorney when it is highly unlikely that any attorney would sue for a balance as small as you might owe;
10) Contacting you after they know you are represented by an attorney
11) Calling you at any unusual time (before 8 a.m. or after 9 p.m.) or place
12) Calling you at work if they know that your employer prohibits it, or if it’s inconvenient for you.
13) Contacting after sending them a Cease and Desist letter from all any further contact with you.
14) Debt collectors may not make false, deceptive or misleading statements in connection with the collection of a debt, such as:
15) Falsely representing to you that criminal action will be taken against you in connection with the debt;
16) Leading you to believe he/she is an attorney or that a phone call or letter is from an attorney;
17) Falsely implying affiliation with the United States or any state, including the use of any badge and/or uniform;
18) Sending a collection letter or leaving a voice mail that fails to contain a statement that "This is a communication from a debt collector." This statement must be contained in every letter and phone call made by the debt collector.
19) Communicating false credit information, including failure to communicate to credit bureaus that a debt is disputed.
Debt collectors may not use unfair practices, such as:
20) Attempting to collect an amount not authorized by contract or permitted by law (for example, a collection agency may not add “collection fees” to a debt if you never agreed to such a charge).
21) Depositing or threatening to deposit your post- dated check prior to its date.
22) Accepting or soliciting your check postdated by more than 5 days without 3 business days written notice of intent to deposit.
23) Causing any charges to be made to you, e.g., collect telephone calls, usage of cell phone minutes;
24) Communicating with you by postcard.
25) Displaying any language or symbol on the envelope indicating the communication concerns debt collection.
These are just prime examples of how bill collectors violate the Fair Debt Collection Practices Act and the Michigan Collection Practices Act.
If a Debt Collector is bothering you, call or email Attorney Gary Nitzkin for a free consultation at (888) 293-2882.
DATE/TIME POSTING MESSAGE: MONDAY 10 OCTOBER 2011 @12:56 AM