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Collection agency called, threatened me..


lilgirlie289
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I received an interesting call today from a collection agency, Valentine and Kebartis, Inc. They are handling an old account from Cingular Wireless. First of all they called me at work, said they had been calling me over and over and just today got through. I have never heard of them and have worked in the same dept, same phone, same job for the last year and a half. Anyway, she wanted me to send 636.00 in the next 10 days. When I told her I couldn't do that. She told me to please hold, Michelle, a supposed manager, then got on the line and asked me if I would like my wages garnished!! She said, if that is what you want, that is what I will give you" I also told her not to call me back at work, and she told me she would call me wherever she wanted to until the debt was paid, so I just hung up.. What should I do??

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<blockquote>Originally posted by lilgirlie289

I received an interesting call today from a collection agency, Valentine and Kebartis, Inc. They are handling an old account from Cingular Wireless. First of all they called me at work, said they had been calling me over and over and just today got through. I have never heard of them and have worked in the same dept, same phone, same job for the last year and a half. Anyway, she wanted me to send 636.00 in the next 10 days. When I told her I couldn't do that. She told me to please hold, Michelle, a supposed manager, then got on the line and asked me if I would like my wages garnished!! She said, if that is what you want, that is what I will give you" I also told her not to call me back at work, and she told me she would call me wherever she wanted to until the debt was paid, so I just hung up.. What should I do??

</blockquote>

The first thing you do is send out a Cease and Desist immediately...telling them to only contact by mail. You follow this up with a DV. Make them prove this is actually yours and they have the right to collect. I would also put in the CD letter a run-down of what the phone conversation was with the names given and quote the laws telling them that they are not allowed to harrass you, etc. Tell them that this is the first documentation of them breaking the law, you are aware of your rights as a consumer and also aware of the laws that govern them. You can also contact you AG office and file a formal complaint against them. If they are going to break the law and racking up violations, that's $1000 for each in your pocket!!! GO GET EM!!!

[Edit by lisak72 on Wednesday, May 21, 2003 @ 05:00 PM]

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<blockquote>Originally posted by lisak72

<blockquote>Originally posted by lilgirlie289

I received an interesting call today from a collection agency, Valentine and Kebartis, Inc. They are handling an old account from Cingular Wireless. First of all they called me at work, said they had been calling me over and over and just today got through. I have never heard of them and have worked in the same dept, same phone, same job for the last year and a half. Anyway, she wanted me to send 636.00 in the next 10 days. When I told her I couldn't do that. She told me to please hold, Michelle, a supposed manager, then got on the line and asked me if I would like my wages garnished!! She said, if that is what you want, that is what I will give you" I also told her not to call me back at work, and she told me she would call me wherever she wanted to until the debt was paid, so I just hung up.. What should I do??

</blockquote>

The first thing you do is send out a Cease and Desist immediately...telling them to only contact by mail. You follow this up with a DV. Make them prove this is actually yours and they have the right to collect. I would also put in the CD letter a run-down of what the phone conversation was with the names given and quote the laws telling them that they are not allowed to harrass you, etc. Tell them that this is the first documentation of them breaking the law, you are aware of your rights as a consumer and also aware of the laws that govern them. You can also contact you AG office and file a formal complaint against them. If they are going to break the law and racking up violations, that's $1000 for each in your pocket!!! GO GET EM!!!

[Edit by lisak72 on Wednesday, May 21, 2003 @ 05:00 PM]

</blockquote>

Hi Lisak72, Lisa,

Swede told Kay Junior and I never to send a CD letter otherwise thew would have other choice but to take you to court. I've been holding off dealing with AMERICAN AGENCIES because collection agcies are a whole different anamal the CRA, but I have been FDCPA, and they have very strict rules on how to collect debts.

...I would get a home recorder so you can record them.

...Also they are not supposed to be contacting you at work that is a violation of the FTC.

... I will come to this post later, I can't seem to be able to access the FDCPA while posting.

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§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

§ 808. Unfair practices [15 USC 1692f]

Above are the things CA:Collection agencies cannot do, read the board.

If you feel that you are being harrased , get a tape recorder and start recording them. Get one on you phone at home and get a protable one start building a recoding file. Quote some of the stuff above to them.

Good luck.

Read the FDCPA and debt validation on the board!!!!

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HEY ADSOFT, you said:

"Swede told Kay Junior and I never to send a CD letter otherwise thew would have other choice but to take you to court. I've been holding off dealing with AMERICAN AGENCIES because collection agcies are a whole different anamal the CRA, but I have been FDCPA, and they have very strict rules on how to collect debts"

As long as you put in the CD letter to contact by mail, you have NOT cut them off from contacting you. You send a limited CD letter explaining exactly how they are allowed to contact...whether this is home phone only, mail only...whatever. That's why I said telling them only contact by mail.

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Lisa,

I belive ADSOFT "misquoted" me, I said exactly what you said, a partial C&D allowing contact in writing..... :)

<blockquote>Posted Tuesday, May 13, 2003 @ 01:58 PM

Originally posted by Swede

No, if you send a C&D they have no other choice but to communicate with you IN COURT (not sure where you're at so I have no idea on the SOL for this) Include what we call a partial C&D in the letter stating that ALL CONTACT MUST BE IN WRITING- NO PHONE.</blockquote>

[Edit by Swede on Thursday, May 22, 2003 @ 01:28 PM]

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OK-

Until it is stated from Debtor not to be contacted at Employment (usually by Cease & Desist or Partial Cease and Desist), Collection Agencies ARE allowed to contact debtor at Employment.

That said, many Collection Agencies will cease calls to a Debtors employment when told so verbally, as proof of harrasment has no set paramaters (it is open to interpretation (sp). Collection Agencies do not want to run the risk of a harrasment suit, because it is going to be up to a Judge (Small Claims) or Jury (Civil) to determine harrasment and NO ONE including Judges and/or Juries like being contacted by Collection Agencies.

To cover yourself, at least send partial CD to be contacted by mail only.

Robert

P.S. - Majority of FDCPA does NOT apply to Original Creditors (unless state has implemented more stringent rules), but most follow many parts of it to avoid the Harrsament angle.

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Calls can be made to a persons work. I worked for a CA and had to call. 1 time a week if we actually talked to a person and 3 times a day if the person did not come to the phone. But could only leave 1 message.(not harrassment if messages not left they say) Could leave name and # but not what the call was regarding. Same with home #. Then if there was no contact after a few days up to a week we called neighbors. Where I was we had the EQ report in front of us and had to call the trades to see if their info matched ours. Some would give and some wouldn't. If we saw a mortgage we had to call the tax assesser to see if they owned it still. Even if renting we would call. Sometimes we could get the owner name and call them to see if person still rented. The first day we got our files we had to have 10 successful calls to get info. Needless to say I left. And in an 8 hour period we had to have at least 100 calls registered on our phone. Glad I am out of that place!!!! Was hard to be mean and collect money when I was in debt myself lol!

[Edit by melisadawn on Thursday, May 22, 2003 @ 07:59 PM]

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