RPM trying to collect a fake debt
Complaint
JP
Country: United States
On 4 Apr 08 I got a call from Receivables Performance Management (RPM) claiming that I owe $85 on a Verizon account from 2000. I know that I’ve never had a Verizon account, and that my phone account from 2000 (I forget which company) was paid properly. So I told the RPM rep that they were full of s**t, and that I wanted written proof that this debt is actually mine. They had the last 4 of my SSN and tried to pass that off as “proof” that their info was legitimate. I still didn’t fall for it and asked for everything in writing.
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Fortunately I have records that go back that far. I also called Verizon to confirm that they don’t have any account information with my name on it. Surprisingly they have no record of me ever having an account with them. I then went online to find out if RPM is some sort of scam. They are a “legitimate” company, yet seem to be practicing what I would describe as predatory debt collection, or legal extortion. Unfortunately, there is not much information on the internet yet about RPM. However, there is a lot of information about AFNI, who seem to be doing the same thing.
So, after I found this web page, and read all of the information about AFNI, I downloaded the FDCPA and FCRA and read them. I’m sending RPM a letter in accordance with the FDCPA. I’m also sending the letter to my state’s AG and the WA state AG. (RPM is located in Bothell WA.) I also checked all of my credit reports to make sure that nothing has been placed on them. I’ll continue to monitor my credit reports very closely for the next few months. As this develops I’ll update this comment.
I’m considering contacting a lawyer to see if what RPM is doing is in any way actually extortion. It’s a crime that the max penalty under FDCPA and FCRA is only $1000 or actual damages. Obviously that small amount isn’t enough of an incentive to keep these companies from violating the law. I’m also going to contact my Congressmen about this. Maybe if enough of us complain the law can get changed?
Oh, and a huge thanks to the poster on this site TJ! His information and advice was invaluable!!
Comments
They were required to send you a letter within 5 days of first contact notifying you that if you did not dispute the letter in writing within 30 days, they would assume it was accurate. (Doesn't make it accurate or owed, only says they assume it is.)
Sent a letter, mailed certifed, disputing the alleged debt, and request proof you owe it.
Don't waste your time asking them on the phone. There's no teeth in it.
Without Credit, there's no debt.
Simple and definitely working.
If you faced a couple years in federal prison for calling, threatening, and lying to someone you just "guessed" might owe an alleged debt, you might think twice.
Fast forward half a year, I visit the old place again (still have friends living there), and they had a pile of mail for me. Sifting through, I found two collections letters from North Shore Agency and Receivables Performance Management.
The NSA letter had the right final balance I paid as well as the right account number. For some reason, the address for payment was PG&E's, not their own.
The RPM letter was for an arbitrary amount, and with a digit missing from the account number.
I call PG&E first, and after being transferred numerous times, no one can figure out what is going on, since the account is shown to be paid in full and closed. Further, one of the reps told me that supposedly, they don't use neither NSA nor RPM for collections.
It's hard to imagine there's not something shady going on between PG&E and these collections agencies..
PG&E has claimed to report some sort of information to the credit agencies, so that supposedly nothing will show up on my credit report. I just checked my Experian report and found neither collections agencies listed.
To my knowledge, I received no calls from NSA, RPM, or PG&E about this matter, and I'm sure PG&E has my current phone number on file.
Guess I'll need to pay to keep an eye on my credit report from now on :(
Implies NSA was assigned the account, "in error" by PG&E, with PG&E still owning the account.
"The RPM letter was for an arbitrary amount, and with a digit missing from the account number."
Implies PG&E sold off the account, even though it was paid in full, and RPM added on some "fee" of their own, that may or may not be allowed by the original contract with PG&E, IF there was a valid balance due.
"I call PG&E first, and after being transferred numerous times, no one can figure out what is going on, since the account is shown to be paid in full and closed. Further, one of the reps told me that supposedly, they don't use neither NSA nor RPM for collections."
They can say they don't use NSA, but evidence suggests otherwise. People say all sorts of things that aren't accurate, especially when they just don't know.
What happened is pretty clear, and it's likely PG&E did sell it, even though it shows paid in full in their system. Alternatively, they transferred complete account records in some sale of "bad debt", but failed to scrub paid accounts in the database, and RPM is collecting on this paid "account", ignoring the account notation or other information that shows it paid. That may be "accidental",. or it may be intentional misrepresentation and fraud.
"PG&E has claimed to report some sort of information to the credit agencies, so that supposedly nothing will show up on my credit report. I just checked my Experian report and found neither collections agencies listed."
They could still be reported on another report, different CRA. PG&E might not be reporting at all, as their own records show it's paid, but RPM might try to report, particularly if they bought the "account". They have numerous consumer complaints of attempting to collect on old already paid accounts, and of trying to deceive consumers even when consumers have confirmed payment with the original creditor. They cannot be trusted, especially on the phone.
If you receive any bill from RPM, or anyone else, regarding this "account", be sure to dispute it promptly, in writing, mailed certified. In addition, if you find some erroneous collection account on any credit report, dispute through the CRA, in writing, mailed certified. Same goes if you get notice from any creditor that they are denying or limiting your credit, or changing your terms, due to an erroneous collection account.
Based on who you are dealing with, and their history of complaints of deceptive collection of unowed "debt", file suit when you catch them, for violations of FCRA and FDCPA. It's just not worth playing games, especially when you know from PG&E that the account is paid in full.
You can find consumer attorneys in your state through www.naca.net
calling, have never sent a letter, have never had a live person on the phone, and this number
does not owe any bills, and as is the usual style of these types that try to sucker you and scare
you, over a similar name--- will hang up on you as soon as you pay for a long distance call
to try to stop the harrassment. So, the party being harrassed, has accomplished nothing,
but wasted money on a call. They call at 8am, all through the day, and 8pm and always at
lunch, sometimes just 3 rings and hang up and has been going on for months. Years ago
they called for a year, all automated, and now they are at it again. When these kinds of
people who are so low in the dealings with the public slam the phone in your face, they should
be put out of business, and sued out of business. It is especially troublesome for elderly
people to be jarred daily by their harrassment, and have to live this way in their final days
or give up and take out the phone. All of this and they don't even know who they are calling,
but it does not bother them.
These guys are just idiots.
They deserve a reward for stupidity.
Keep in mind you can sue both the collection agency, AND the individual debt collector, and collect from both, at least if you can still find the individual.
found myself hopelessly in debt a few years ago, a result of the collapse of the housing industry. My first encounter with a debt collector was humiliating, because for the first time in my life, I couldn't pay my debts. I tried to reason with this young lad, but the more sincere and apologetic I sounded, the harsher his tone became. He responded with all of the standard requests/threats. I decided to end the call and cease all further talks with ANY debt collectors.
Since my home had been foreclosed upon I relocated to another part of the country, where I owned another home, this one free and clear. It was covered by the Homestead Act so I knew it couldn't be taken. Then I lay low for a couple of years, upon which time the calls began coming in from the collectors - calls I screened on my answering machine and otherwise ignored. Finally one of the collectors (henceforth to be referred to as the “Collector”), found my address and began sending me demand letters. I sent them a 50 dollar money order for 3 months - using that form of payment so that they couldn't find my banking info - and was noncompliant to their requests for me to fill out an information sheet. About a month later I was served with court papers. I knew I couldn't ignore these, so I decided it was time to contact a bankruptcy attorney. He immediately filed the bankruptcy - which put all collectors on hold pending resolution of the case - all collectors with the exception of the one who had served me with court papers. I decided to play a little game with them – make them spend a little more of their own money.
So they took me to court, little knowing I had already begun bankruptcy proceedings. I appeared in court on the day appointed, wearing my most humble attire, and told the judge I did not dispute the debt, but that I had sent them 3 payments and they still sued me. I didn't tell him I had filed for bankruptcy, because I wanted to string the Collector along as long as I could. He continued the case for 3 months and told us both to get together and come up with a solution. I ignored the Collector until the next court appearance, at which point I sprung the big surprise that I had filed for bankruptcy. The judge continued the case for 6 months.
And, to add icing on the cake for me, in spite of being blindsided by the bankruptcy, the Collector's wet behind the ears lady attorney still tried to have a conference with me in the hallway. I agreed to speak with her – mainly to satisfy my own curiosity. This pathetic excuse came running out into the lobby, thanked me for agreeing to talk with her, and began dialing her cell phone – one can only speculate that she was calling the Collector for instructions. I decided to end her pain and walked away.
The following month the bankruptcy went through and I told the Collector I hope he was enjoying his sh*it sandwich. All in all it was an enjoyable adventure for me.
Keep those calls coming, RPM - I love 'em!