TRS Recovery Services
Complaint
amanda J.
Country: United States
I took my computer to Best Buy for recovery. Problem occurred and I stopped payment. Without further discussion in this report, Best Buy voluntarily cancelled the transaction a week later. Nevertheless, they had already handed the matter to this TRS Recovery Services monster. I have been repeatedly harrassed with phone calls, repeatedly. I have told them what occurred over and over, told them I have the paperwork from Best Buy confirming what I am telling them, and INVITING them to send me something in writing so I could respond in writing with the appropriate paperwork. Over and over I took the time to explain this matter to them. NEVERTHELESS, I have not to this date received anything in writing with which to respond to, nada. But that hasn't stopped the relentless phone calling and calling and calling, ad naseaum. I have a smart phone and it is smart. The "unknown" calls are all grouped together. I can show the pattern and practice of these calls, and will photograph and forward them to an authority. We are supposed to have laws protecting us against such tactics. After telling someone the issue and resolution ONE time, they should be required to send me the paperwork and stop the harrassing calls.
Comments
As you have found, this isn't going to get resolve on the phone.
TRS Recovery is a debt collector, as defined by FDCPA and similar state laws. As such, they were required to send you an initial letter within 5 days of their first contact, notifying you of the debt, and that if you did not dispute within 30 days, they would assume the debt was valid. ("Assuming" a debt is valid does not make it owed, and that is also spelled out in FDCPA. It only means they can still try to collect.)
It appears that they failed to send that required initial letter (sometimes known as a "g" letter, for the subparagraph requiring it), and therefore violated that requirement of FDCPA. In addition, by their continued harassing calls and refusals to provide proof of the debt, along with their failure to even notify you of your right to request that proof, they are attempting to deceive you into believing you don't have the right to request such proof. They are attempting to defraud you into paying an unowed debt.
Send them a letter, certified return receipt requested, notifying them that you dispute the debt, and that you are requesting proof of the debt from the original creditor. Include in your letter that you have received numerous calls from them, that you have repeatedly requested proof of the debt, and that not only have they not sent you any proof, they have not sent you any letter regarding this debt at all, not even the FDCPA required initial letter. Also include that Best Buy agreed to reverse their charges, due to their inability to repair your computer, so the debt is not valid.
At the bottom of the letter, note the certified number:
"mailed cerrtified: nnnn-nnnn-nnnn-nnnn-nnnn-nnnn"
and
"CC: <your state> Attorney General
Even if they sent a letter that did not arrive, or was sent to the wrong address, you want to establish that your dispute letter was sent "timely", to invoke the FDCPA prohibition against collection without validation.
Mail that off, then file a complaint with your state Attorney General for their repeated phone harassment, refusal to validate, and failure to send the required FDCPA initial letter.
Your state Attorney General will likely send them a letter inquiring what this is about, since you have documented violations of both FDCPA and state debt collection law.
If you have further problems, find an attorney with experience in FDCPA and FCRA litigation. Both laws allow courts to award your attorney fees if you win, so you may be able to find an attorney willing to take such cases on contingency. You might try www.naca.net