Jump to content

Here we go....


tired
 Share

Recommended Posts

Well, here we go with the CA from Alliance One.

They have received my DV and I have one of the green cards back (I sent to 2 different addresses as the CA origionally gave me a bad address). I know they received as I have the green card and I also was sent a first contact letter by them from that address WAY after first contact was made. In my DV I also stated to please contact me in the future by mail as my employer will not allow me to take personal calls. So, jsut a few minutes ago this CA called at my work to speak to me. Luckily the receptionist screens all calls and I had her send to voice mail. She didn't leave a message....bet she didn't want to be recorded on a voice mail. Is that not a violation? I don't know how she got this number anyway and I told here verbally and in writing to not call me. I suppose I will have a message on the answering machine when I get home.

Can she continue to call here?

Link to comment
Share on other sites

Once they've been informed that calling you at your work number puts your job in jepordy (as in, your employer doesn't allow personal calls at work, etc), then every time they call you at work is a viloation.

Your proof that you told them is the US mail return receipt.

That said, one phone call is a minor issue...I doubt any court would get too excited about one phone call at work. However, if they continue to violate FDCPA (and you can prove it) then you have something to go with.

Even a CA that follows the law can make mistakes...it's reasonable (although not necessairly required) that the CA be given a few business days for the notation to be made on your records that tells the person in th cubicle that they can't call you at work.

All that to say, the calls should stop...if they don't, then you'll have to follow through.

Link to comment
Share on other sites

Thanks Robert. I know one phone call is not a big deal (it's actually the second time after notice) but even 2 phone calls is no big deal. I am waiting for them to validate the debt. Haven't gotten anything back from them yet on this. This CA is so nasty and more than several people have told me to definately not talk to her on the phone. I have no doubt they will sue me because I pissed her off by stopping the auto pays.

Does anyone know of a good attorney in AZ? The few I have called are on the other side of the coin....they collect debts. This CA has some violations from what I can tell and I'm sure I will need one and would like to take some action against them.

Link to comment
Share on other sites

Okey dokey....The CA called again at work. Again she was asked if she wanted my voice mail to which she replied "Ya know, I want a fax number so I can verify employment". Nothing has come over yet. My boss knows about this from the last time the CA did this....this makes it the 4th fax to verify employment that this CA has faxed over (well, she hasn't faxed the one today yet so I guess it's 3 faxes).

My neighbor happened to be at my house when this CA left a message on my answering machine. I guess it was real nasty and she states that it is a Federal violation to stop the auto payments. I had her tell me that once before and I posted it and I think Methuss said that was just not true. I don't doubt Methuss at all but can she/they do anything criminally to me because I did not let them take $ from my checking account? And are her calls continued collection activity? I did write in the DV I sent to them, which they signed for on 9/27/05, that I can not accept phone calls at work and to please contact via the USPS from this point on. I never received a first contact letter when first contact was made by the phone but did receive a letter from them about the debt 1 week after they signed for my DV which was 2+ weeks after first contact was made to me.

Another question, is my boss required to give the employment verification to them? I have talked to my boss and she will not verify without my consent but maybe these people will push it with her. They haven't talked to my boss yet. Anyway, as always, any help is GREATLY appreciated. Do I need an attorney immediately?

Link to comment
Share on other sites

You are obviously dealing with a very scummy collector.

No...your employer is absolutely not required to give this scumbag the time of day and if you boss is willing to support you in this, they can be a real asset in documenting the violations and abuse.

Debts are CIVIL...NOT CRIMINAL. You don't have to write a check to anybody (electronic or paper) that you don't want to.

Yes...any calls or letters sent after they've received your DV request (assuming it was sent within the 30 day window) and BEFORE they validate is continued collection activity.

Link to comment
Share on other sites

Thank you once again... :)

My boss is aware of the calls and will not give out any info. She would tell me what this person said to her if, in fact, the CA calls and tries to reach her. I have not received another fax as the CA stated she was going to do to our receptionist. So maybe she thought about it...who knows.

I did send the DV within the 30 day time frame. It's weird though....my first contact was via phone, I called her back because she left a message "Please call this office about the judgement". I got scared and called her and the whole fiasco started. After I sent the DV to them I received a letter from one of the addresses I mailed to (same company) and then I received a letter in the mail stating the debt and the mini miranda thing and I could dispute if I wanted. This was AFTER I had already spoken to the nasty CA and after my DV. As stated, I also asked them to contact by mail and to NOT call my employer in the DV. I see how that worked :? . I'm just noting everything down if I need it.

I am sorry for the continued questions but this stuff scares me. I just didn't want a sherriff to appear to arrest me for some criminal offense. The CA actually said on the message machine at my home that it is a "federal violation"....so I got scared. Don't want to mess with the Feds....use to work for them :wink: .

I want everyone to know that while my job is really "cool" about all of this it's a new job...just past my 90 days here. So it's kind of embarrassing to have these people call here especially after I wrote and asked them not to. Don't know when my employer will have "enough" either.

I have no problem suing these :evil: but m having am hard time locating an atty who is not on the collectors side.

Any other thoughts are surely welcome.

Link to comment
Share on other sites

I am sorry for the continued questions but this stuff scares me. I just didn't want a sherriff to appear to arrest me for some criminal offense. The CA actually said on the message machine at my home that it is a "federal violation"....so I got scared. Don't want to mess with the Feds....use to work for them :wink:

That's the very reaction they want from you - that's why CA's like this engage in such illegal practices.

Link to comment
Share on other sites

Alliance one can not sue you. I have a letter I can forward you that I use in these cases that states an intent to sue for violations of the FDCPA. I basically note each violation and demand a $0.00 settlement. It depends on the amount of debt though. How much is the account?

They are violating willingly due to the fact that you have already set up payments...they know you are easy prey and that you do have money apparently so they will go after you whatever the cost. No need to worry about getting sued. THey are only a ca and not an attorney.

Let me know the amount of the account and I can give a letter or further advice an how to move forward.

Link to comment
Share on other sites

:shock: There's all kinds of violations here.

Every call they make to your work is a violation. Them saying "federal violation" is a violation. Saying it's a judgment. Continued collection activity. Not sending written notice within 5 days. Harrassment. Leaving abusing messages.

If they DO try to sue, you have some good counterclaims. You're keeping these message and making notes/recording conversations, yes? If not...START doing that.

I'd certainly keep trying to find an attorney.

Link to comment
Share on other sites

Thank you , thank you, thank you :!:

They say I owe them $3024.00 which is just stupid.

I am writing everything down as it happens. I only have one message the CA left on my answering maching (todays')...the others came early on when I didn't even know what she was doing is in violation. She's horribly abusive (no profanity) but mean :twisted: . The funny thing is...I don't have $. She just thinks because I initially set up payments that I have $. I was going to borrow it because I was afraid. She literally had me shaking the first time I talked to her. Then I found this board :D and I calmed down a bit.

sifxpert...I would appreciate anything you might want to pass on. I will do whatever it takes with these people...I just need to find a competant atty in Phoenix area. I have alerted my work but this CA doesn't seem to care about anything so who knows where she will take it. I just worry about my job at this point. Somehow she knew I had a mortgage (probably an asset search or CR) and so they think they can get a judgement. I am not judgement proof. I do own a home and have a job. I thought I would receive some kind of validation before she called again.....Wrong!

I am writing everything down. I collected all the faxes she sent...didn't send one after all today but I have 3 of them. I bet she calls work tomorrow. I'm not sure what else I can do to get them to stop calling work. I mean, I did put it in writing.

ANy and all help is greatly appreciated.

Link to comment
Share on other sites

I would start recording the phone calls if thats legal in your State. Thats what im going to do. It seems they have called so many times looking for me but have yet to receive a letter. I have been practicing and getting better at talking with them.even though people on the board say not to talk to them. One CA said that I could "Possibly Go To Jail". I wish I had recorded that conversation.

Link to comment
Share on other sites

This is a letter I use for clients that are being harassed by collectors. Sometimes it works sometimes it does not. For smaller debts it is very effective but not very useful for large amounts. Since this account is only 3k I would send this but you will need to make the appropriate adjustments.

I'm not sure exactly what your intent is but keep in mind, you definitely have these guys on several violations. Keep a very detailed log of all of the calls, names, extensions, times and dates. I would also call the BBB, your AG and the FTC to file complaints.

I deal with Alliance One all the time...they are a bunch of scumbags.

Creditor: Chase

Account #

Subject:

SSN:

To Whom It May Concern:

First of all, please be advised that the above-noted individual has retained the services of our firm and your firm was made aware of this fact in writing as of September 1, 2005.

It has come to our attention that your firm continued to place very harassing phone calls to Ms. after you were advised that the debtor had retained our firm and after the debtor provided written notice to your firm to cease all collection activity and submitted by CMRRR and faxed copies of a validation request to your firm which in addition was ignored. To date,xxx has copies of certified receipts and phone records supporting the fact that 6 notices to cease communication and requests for Validation have been sent to your firm.

The recorded calls are in direct violation of section 805 and section 809 of the FDCPA. Please consider this letter formal notice that our client will pursue legal action unless we are able to reach a resolution on her behalf. Included in this fax is a copy of the New York Assurance of Discontinuance Against Creditors Interchange. Ms. has saved each recorded message left on her answering machine to cassette and has logged each call made by employees of your firm to her home and employer since you were first issued a Cease and Desist. The total calls to date are in excess of 15.

Each violation carries a fine of $1,000.00. In addition, Ms. is contacting the Credit Reporting Agencies to verify her dispute is noted and each bureau has noted her dispute. If the account is not noted as “in dispute” your firm will also be responsible for violating the FCRA.

It is a crime to threaten suit with no intention of doing so therefore, you can take heed that xxx is very serious about filing suit against your company. Creditors Interchange has been contacted in writing several times and has been given adequate time to update their records. xxxx feels that your actions are a clear intent of “Non-Compliance”.

Your firm, as a debt collection agency, may avoid this complaint with the ACA, New York Attorney General as well as any legal action by settling this debt for $0.00. If you choose to accept these terms, please fax a letter of confirmation to the number listed below. If I do not receive the described letter of confirmation within 5 days we will assume that Creditors Interchange has denied our offer and I will advise xxx of your rejection and to take any necessary action she necessary to resolve this matter.

Sincerely,

Link to comment
Share on other sites

So, when I get home here is the message verbatim left on my machine

"Ms. XXXX, I need you to contact the legal dept. At this point in time Ms. XXX a decision has to be made whether a summons and complaint is filed against you in your district court. You bounced a check over state lines. That is a FEDERAL OFFENSE. It would be in your best interest to return a call to me. XXX_XXX_XXXX.

Did I bounce a check? The posts here indicate I have done nothing wrong...but please reassure me.

sifexpert....thanks for the letter. Can I use this as I don't actually have anyone representing me at this point? I can change a bit but it still reads like I have an atty.

I am keeping records, really good ones now. She hasn't left any voice messages at work but she did call twice today. I'm sure she will call tomorrow. Should I have the phone company put a number tracer on the line? I am getting phone calls all hours of the night and nobody is there. Probably an auto dialer but I don't have caller ID and I'm not sure if it would show up anyway being they are a CA.

From her message it sounds like they are going to prosecute based on the Federal violation of a bounced check. I'm sure it's a scare tactic but it's unnerving at any rate.

Anyone know a good lawyer in AZ?

Link to comment
Share on other sites

A bit about collection agents...

They exist to do one thing; collect money and to that end, they will use whatever tactic they feel will work to get you to pay them...

...if you are a "Christian", they'll try to use guilt since a "Christian" should pay his/her debts

…if they sense that you frighten easily, they'll try to scare you by telling you that you'll be arrested if you don’t pay

…if they sense you have a short temper, they’ll try to make you so angry that you’ll say stupid things on the phone and pay them just to get rid of them

…if you are a parent, they’ll shame you about the kind of example you are setting for your children by not paying your debts.

In the overall scheme of things, they don’t really care about FDCPA or FRCA violations or even getting taken to court; even when the awards are high - that’s because they don’t mind paying a few hundred thousand dollar fine here and there when they are collecting millions from people like you.

Their only true fear is that their tactics won’t work on you…they know that if you think through things logically, that you will NEVER pay a credit card debt or some old furniture loan before paying your mortgage or putting food on your table or gasoline in your car…they know that they only way they can get you to pay them first is if they can make you angry enough or shamed enough or guilty enough to not think things through logically…in other words, acting out of emotion instead or reason.

That’s one of the many reasons why it’s best to NEVER talk to these people on the phone…a lot of them are truly stupid, low-life, scum-sucking pigs…but a lot of those low-life, scum-sucking pigs are also very good at their jobs…getting you shamed enough or angry enough or guilty enough to pay them.

If you owe the debt, find a way to pay the debt…if you don’t owe the debt; fight them…but whatever you do, stay the course and most importantly, stay in control.

Link to comment
Share on other sites

From her message it sounds like they are going to prosecute based on the Federal violation of a bounced check. I'm sure it's a scare tactic but it's unnerving at any rate.

Anyone know a good lawyer in AZ?

You did not bounce a check; PERIOD.

These people are SCUMM...as soon as you realize that the better off you'll be...THEY ARE LYING TO YOU.

Even if you had written a paper check to them; YOU HAVE THE RIGHT TO STOP PAYMENT...this scum-bag is just pissed off that she won't get her comission check based on the collection she thought she had all sewn up.

Link to comment
Share on other sites

Alliance One does not sue. Bottom Line. They do not have a legal dept. They may have a lawyer that they talk to every now and again but whatever their threats are they can not sue.

I would save that message about filing the complaint because that alone is a FDCPA violation. Since that collector is not an attorney and since they are not a law firm they can not sue therefore, they have no intent and there you have yourself a recorded message, hard evidence that they broke the law.

Check out naca dot com or go online and find a local attorney or buy the nolo book and find out how to file a small claims suit against them. You already have enough to have them pay you.

Make them eat sh!t!!

Link to comment
Share on other sites

sifxpert: I feel compelled to point out that in your letter, the phrase:

Each violation carries a fine of $1,000.00.

is inaccurate. Violation of the FDCPA is not punishable by a fine, but by the alleged debtor bringing court action against the collector and the penalty is not per violation but per action. (813 a,2). You may stick them for additional money for legal fees, and perhaps for actual damages, but that's all.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.