CLM Posted January 8, 2005 Report Share Posted January 8, 2005 Can anyone offer some advice on this situation. Received a call (voicemail) from a CA (Senry or Century) still unsure of the correct spelling. The Rep. told me that Beneficial / Household has given them permission to forward this debt to the local court of payment in full. He instructed me to call back immediately because I did have options. I returned the call and explained that I didn't think the debt was mine. My CR shows three different entries for this account. Entry 1 shows a balance of $10,000, entry 2 and 3 have the same account number with different balances (entry 2 - $0 balance / entry 3- 7,000 balance). Because my father and I both had accounts with beneficial and share the same name I suggested they had the account confused and was acutally trying to collect on a debt that belonged to my father, who is now deceased.Several months ago I DV'd a different CA pertaining to the same issue. They sent me a copy of the contract with a signature that didn't appear to be mine. I wrote them back asking for additional information (who gave the right to collect on this debt, are you licensed in my area, etc.). I haven't heard from anyone until now. The rep from (Century or Sentry) told me this would be sent to court unless I provided payment in full or was willing to accept an offer they could propose. I am currently not financially able to accept either option. I once again told them that I would agree to nothing without having something in writing especially since I didn't think the debt was mine. He told me I had until the end of the month at which time I could expect to see a sheriff at my door who would serve a sommons to appear in court. Can anyone offer a suggestion as to what my next move should be. I thought maybe DV them to see if they could provide the appropriate documentation linking me to this debt. But I'm unable to get an address from them.In addition what should I do if I do recieve a summons? What is the process once I appear in court? Do they verify signatures? If so, how? Do I need to bring documentation with my signature or do I have to sign something in court? Please pardon my ignorance, I'm really confused about this. Link to comment Share on other sites More sharing options...
c m chase Posted January 8, 2005 Report Share Posted January 8, 2005 This is the first time you've heard anything from this CA right? How long ago was it? Because, if they haven't sent you anything in the mail, you already have them on a violation:FDCPA ยง 809. Validation of debts [15 USC 1692g](a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (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. First of all, they wouldn't 'forward the debt to the local court'....that doesn't even make sense . They could possibly get a lawyer to sue you, but still.They can't tell you you have to pay the debt in full without at first giving you 30 days to dispute the debt in writing.If you can find the address of the company, or at least the full name (where we can help you find that address), you for sure need to send them a DV. It sounds to me like they'll violate more and more.If you ARE served a summons, let us know and we'll walk you through it. You'll have to give answers, defenses and counterclaims (you already have one or two). We'll take that when it comes along though. Link to comment Share on other sites More sharing options...
CLM Posted January 9, 2005 Author Report Share Posted January 9, 2005 Thank you so much for your input c m chase! It definitely helps me to relax a little. I've heard from other CAs in the past regarding this debt, but none going by the name of "Century" or "Sentry". Unless of course they are operating under several different names. Which I'm sure is possible. So, I guess, this is the first time I've heard from this particular CA. The voicemail was left somewhere between 1/3/05 and 1/6/05. I returned the call on 1/7/05. I haven't recieved anything in the mail from them yet. I thought it was rather strange they threatened to sue and at the same time offered me a settlement. I did a license search on the internet (https://www.dllr.state.md.us/cgi-bin/fin_reg_el/rel2/PQ_Application.cgi?calling_app=Query::PQ_company1) using both "Century" and "Sentry" and was able to find the following:Sentry Credit Inc.2809 Grand AvenueEverett, WA 98201-000and New Century Financial Services, Inc.16 Wing DriveCedar Knolls, NJ 07927-000Both are licensed in my state, but neither have a phone number listed to compare with the one left on my voicemail. I'm going to call back tomorrow when the office should be open and attempt to obtain an address. In the mean time, I will prepare the DV letter requesting the basic information.However, since they've already contacted me attempting to collect a debt without any prior written communication should I act on this violation in anyway? Or should I just wait to see how they respond to the DV ltr?Everyone in this forum has been so patient and helpful. I sincerely appreciate all of the advice. c m chase, thanks again for taking the time to respond. I will most definitely keep you up-to-date on the situation. I look forward to hearing from you again Link to comment Share on other sites More sharing options...
c m chase Posted January 9, 2005 Report Share Posted January 9, 2005 Thank you so much for your input c m chase! It definitely helps me to relax a little. I've heard from other CAs in the past regarding this debt, but none going by the name of "Century" or "Sentry". Unless of course they are operating under several different names. Which I'm sure is possible. So, I guess, this is the first time I've heard from this particular CA. No problem. So, I take it this debt is fairly old then, since it's jumped from one CA to the next to the next? Do you happen to know HOW old it is? (If it's not yours, can you tell by what it says on your reports?)It's most likely a different CA...usually stinky CAs keep their names.The voicemail was left somewhere between 1/3/05 and 1/6/05. I returned the call on 1/7/05. I haven't recieved anything in the mail from them yet. I thought it was rather strange they threatened to sue and at the same time offered me a settlement. I did a license search on the internet Awsome. Just wait and see if you do...which I'm sure you will at some point. We just need to determine WHEN they send it because then that in itself will be a violation. Is there a way you can pinpoint the date of the voicemail? It'd be great if you could get a clearer date on it, just in case you need it. Another thing you should do is jot down on a piece of paper everything you remember from the conversation...date, time, person's name, company names, what all they said to you, etc. That could be used later too.using both "Century" and "Sentry" and was able to find the following:Sentry Credit Inc.2809 Grand AvenueEverett, WA 98201-000and New Century Financial Services, Inc.16 Wing DriveCedar Knolls, NJ 07927-000Both are licensed in my state, but neither have a phone number listed to compare with the one left on my voicemail. I'm going to call back tomorrow when the office should be open and attempt to obtain an address. In the mean time, I will prepare the DV letter requesting the basic information.What is the phone number you have? We can do a reverse look-up or I can call it and see if I've heard of them (and anyone else reading this). There are ways, my friend....ways. However, since they've already contacted me attempting to collect a debt without any prior written communication should I act on this violation in anyway? Or should I just wait to see how they respond to the DV ltr?Actually, the law is that they have to write you and tell you that info within 5 days of their initial communication (which, in your case, is the phone call). So, let's just wait until you either get something...or you don't. The DV is going to be key here. Sounds to me like we won't have too much of a problem getting rid of these clowns. Patience, though.OH....and I'd almost always say DON'T answer the phone again (because it normally serves no purpose), but this company sounds like one you'd want on the phone...they are already violating. If they call again, or if you call them again, get your recorder ready and tape the conversation. The most sucessful FDCPA cases have collectors recorded breaking the laws. Go get 'em. Link to comment Share on other sites More sharing options...
CLM Posted January 9, 2005 Author Report Share Posted January 9, 2005 Unfortunately, I've already erased the voicemail (a silly newbie mistake )Since I know the latest they could have left the message was 1/6 waiting until 1/13 (five business days) is my only option. Unfortunately this buys them a few more days. The number I used to return the call was 800-608-2581. Again, I'm going to try and get an address by calling the number tomorrow. However, if you come across anything in your research I would definitely appreciate the information. Obviously, I can't send the DV until I have an address. This is truly frustrating. As you've stated, timing is key here.Also, I have to apologize. In my original post I indicated the account numbers were different. After reviewing my CR they appear to be the same. On each of the three entries different parts of the account number has been x'd out. The earliest date of the three entries indicate the account was opened in Jan 99. The latest date shows Aug. 2002. What confuses me is the different account balances. Please keep in touch! Thanks again!! Link to comment Share on other sites More sharing options...
c m chase Posted January 9, 2005 Report Share Posted January 9, 2005 Ok. I found your peoples.Sentry Credit2809 Grand Ave.Everett, WA 98201(425)257-9500I had the hardest time with them. No reverse look-up...no website that was running (sentrycredit.com is under construction and has no info). The 800 number they gave has an option to get their mailing address, but if you choose that, it tells you to talk to a rep...how convienient. But I found the info...Google is awsome. I know it's the same because when I called the 425 number, it was the same message as the 800. Apparently, they DO sue. One of the options was "if you've received a summons, press 2". So don't be overly surprised if they DO try and sue. But that's where you can get them as well.Get your DV ready to send out.If they are reporting this three different ways to the bureaus, there's more ammunition for your counterclaim. Not only are they violating FDCPA, they're also going after FCRA violations...congrats, Sentry idiots. It also looks like they've reaged your accounts. Again...NICE violations. We gonna have fun with these monkeys!! Link to comment Share on other sites More sharing options...
CLM Posted January 9, 2005 Author Report Share Posted January 9, 2005 Wow! you are fast. The DV ltr is printing now. It will be sent out CMRR first thing in the morning. Talk to ya on Wednesday. Link to comment Share on other sites More sharing options...
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