Complete disrespect from a representative
Complaint
Alicia Brown
Country: United States
I called the agency on 09/09/2011 to see what we could do to resolve an old debt for my mother so she could move. I explained to the woman that my mother was under limited mental understanding and that she had no idea what she was signing when she signed into a lease as I was not there with her when it was signed I asked if she could make payments on the debt and they said no, which is fine. I also told her we never received any notifications about any money owed and she said it was our fault because we never forwarded an address. She then decided that she needed to tell me what I need to be doing with my life. That I have to make room for my mother in my home and that I need to pay off all her debt I informed her that I had a little bit of money that I could help her with but I dont have the full amount that she needs. She then told me I need to get the money. After she insulted my life I asked to speak with her supervisor she said she was on another call and asked if I would like the supervisors voicemail. I obviously said I did and I asked her to connect me then she started sounding all sorry and didnt wanna connect me to her supervisors voicemail she said she was not getting into my personal life and I told her it was too late for that that she already did and I repeatedly asked for her supervisor interrupting anything she said to me I asked for the supervisor four or five times before she hung up on me. I then called back and spoke to the supervisor who said she would have to review the call and I said you condone people treating people like garbage when they call to resolve a debt? You think that this woman would be trying to get the company paid when someone calls to pay instead of insulting their life...I honestly hope that she learns how to treat people and gets some disciplinary action. I dont believe that someone should be able to bring someones personal life into a situation. I dont have a lot of money but I would do for her what I could.
Comments
Don't waste your time with her supervisor, either, since that is who probably trained her.
Their only interest is in getting your money, and if they believe that intimidating, harassing, and berating you will do that, then that is what they will do. Technically it is illegal, and violates FDCPA, but if you don't know that, they can harass away, by phone, with little risk.
It sounds like your mother has no money, maybe even living on Social Security or SSI, or possibly you are supplementing her rent. If so, what are they going to do? Even if they sued her, her limited SS income would be exempt anyway. Hence the debt collector's decision to attack and belittle you, since you are her best chance at sqeezing any money out of this.
You didn't sign the lease. You have no obligation to pay any remaining amount due on it. If you don't want this harassment and abuse, you can simply tell them to get lost and never contact you. Since it is unlikely they will get any money out of your mother, if they were to continue to harass you after telling them to cease, you could sue them for violating FDCPA, which allows for penalties of statutory damages up to $1000 plus actual damages and attorney fees.
Assist your mother in sending them a letter, disputing the debt and requesting validation. Include that you have received no written communications on this debt from them, and that it is inconvenient to contact you by phone at any time. Mail that letter certified, return receipt requested.
Since you never received any letter on this debt, you are still within the initial 30 day FDPA dispute window, within which they must cease all collection activity until they obtain and send validation. If they violate that, you can sue.
If they have been assigned or bought the debt claim from the lease, they will probably obtain and send a copy. They should include a full accounting for payments made, and remaining amount due. That at least should resolve what amount is at stake, and also what the first payment missed was, which determines the statute of limitations.
Check into your state's laws regarding statute of limitations, which limits how much time any creditor has to sue on a debt claim. It may be that in your state, the last payment might have been made far enough back that they can't sue due to SOL. Knowing that gives you leverage in any negotiation, since you can just walk. So does knowing your mother is judgement proof, if all her income is exempt. It appears the only lever they currently have is presumably her wish to move, and the willingness of a new landlord to accept a tenant with an unpaid lease showing up on their credit report. If you are in the position where you already support her financially, then that issue also might be irrelevant, if it is your name guaranteeing payment on any new lease.
First find out what you are dealing with, before you make any decision about what, if anything, to do about it. Do so in writing, as phone contact with someone whose interests are only futhered by harassing you will resolve nothing.
Text messages are currently widely used to lure in suckers into fake "lottery" scams. The goal of the scams is to con you out of "fees", or "taxes". There are no "winnings".
Remember you have rights and there are people out there spending their lives trying to protect them :)