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CA called again - Outrageous Conversation - Can't Believe It


cdmosaic
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So this CA keeps calling me about this repo from 10/2000 which is over a year past the SOL in Calif. I previously spoke with them and disputed the debt and they sent no dunning letter, which I believe they are required to do within 5 days. So when they called again I requested they tell me what this was regarding and send the follow-up letter (I want to have proof that they are harassing me). I also explained that they called 2 weeks ago and did not send the follow-up letter (he said they have no record of this). When I asked if this was a collection call he said no but went on the say it is regarding a Toyoyta, oh and could I please verify my SS# - "No" I said. Finally, he admits it is a collection about a repo from 2005 or 2004 and that he did not have any documentation on it. I repsonded with "well I have had no repo, so please send me the documentation so I can respond in writing". He finally admits that this is from 2000 to which I state, "well the SOL in Calif is 4 years are you still trying to collect this debt?" To which he responds they can "reset" the SOL anytime they want simply by reporting it monthly on my credit report and they can sue me if they choose to. I responded with "well, thanks for the info and please send the letter so I can respond in writing." Then I ended the call.

This guy lied through his teeth (yes I got his name and number). He lied about whether it was a collection call, the year the repo took place, he said he had no documentation from the OC was just looking at my credit report and that if they want to they can sue me for this at anytime. Oh and BTW, he was kind enough to notify me that Calif. is a bad place to live if I owe this money as there is little consumer protection here. I wish I'd recorded the call. So any thoughts on what to do we these jerks?

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To which he responds they can "reset" the SOL anytime they want simply by reporting it monthly on my credit report and they can sue me if they choose to

Oh boy, that's one WHOPPER of a LIE ! If he really believes that he's a complete moron - but then again, they all are :twisted:

Stop talking to this buttwipe.. send them a cease and desist letter telling them to get lost, the debt is time-barred per CA statute.

Yes, they COULD sue you, but the SOL defense would get it thrown out of court !

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Too bad this joker didn't call me. I would have the tape recorder running and....

So this CA keeps calling me about this repo from 10/2000 which is over a year past the SOL in Calif. I previously spoke with them and disputed the debt and they sent no dunning letter, which I believe they are required to do within 5 days. So when they called again I requested they tell me what this was regarding and send the follow-up letter (I want to have proof that they are harassing me). I also explained that they called 2 weeks ago and did not send the follow-up letter (he said they have no record of this). When I asked if this was a collection call he said no but went on the say it is regarding a Toyoyta, oh and could I please verify my SS# - "No" I said. Finally, he admits it is a collection about a repo from 2005 or 2004 and that he did not have any documentation on it. I repsonded with "well I have had no repo, so please send me the documentation so I can respond in writing". He finally admits that this is from 2000 to which I state, "well the SOL in Calif is 4 years are you still trying to collect this debt?" To which he responds they can "reset" the SOL anytime they want simply by reporting it monthly on my credit report and they can sue me if they choose to. I responded with "well, thanks for the info and please send the letter so I can respond in writing." Then I ended the call.

At which time I would have a $2000 suit on his desk in a couple of days - $1,000 for the whopper about being able to re-set the SOL and $1,000 for the Pinocchio act saying they can sue me if the choose to - both FDCPA violations. Don't remind me it's $1000 per action - it's $1000 per action AFTER the judge says so - not before.

This guy lied through his teeth (yes I got his name and number). He lied about whether it was a collection call, the year the repo took place, he said he had no documentation from the OC was just looking at my credit report and that if they want to they can sue me for this at anytime. Oh and BTW, he was kind enough to notify me that Calif. is a bad place to live if I owe this money as there is little consumer protection here. I wish I'd recorded the call. So any thoughts on what to do we these jerks?

Yes - get a tape recorder and get him backl on teh phone. If he was stupid once, he will be stupid again. You can milk this guy's employer like a cow - ina way it is - it's a cash cow.

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I haven't sent them anything as of yet as they haven't sent me the dunning letter, they just keep calling. I doubt they will send it as then I have proof they are trying to collect outside the SOL. So I'm debating whether or not to write them on my own, send the C&D and outline all the violations of this jerks phone call to me or what to see if they try to contact me again.

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I haven't sent them anything as of yet as they haven't sent me the dunning letter, they just keep calling. I doubt they will send it as then I have proof they are trying to collect outside the SOL. So I'm debating whether or not to write them on my own, send the C&D and outline all the violations of this jerks phone call to me or what to see if they try to contact me again.

ASKING for the money on an out-of-Statute debt is not a violation.

SUING or THREATENING to sue on an Out of Statute Debt is....

As is failing to send you the written VOD/Mini-Miranda within 5 days of initial communication (written or verbal).

In Debtorboards I have a CA Letter that has scared away every CA that has contacted me where I have used it. Look in "Letters", follow the link in my sig line.

Regardless of that - your letter to them should be a limited Cease-Comm requiring written communication only, disputing the debt and demanding complet Validation.

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I'd be If you sue in Federal Court, every state is a 1-party state.

No, it's not not legal for you to record in California without all party's consent http://www.privacyrights.org/fs/fs9-wrtp.htm

Is it legal to tape record telephone calls?

California law does not allow tape recording of telephone calls unless all parties to the conversation consent (California Penal Code 632), or they are notified of the recording by a distinct "beep tone" warning (CPUC General Order 107-B(II)(A)(5)). However, tape recordings can legally be made if an individual or members of one's family are threatened with kidnapping, extortion, bribery or another felony involving violence. The person receiving the threats can make a tape recording without informing the other party. (California Penal Code 633.5)......

SUING or THREATENING to sue on an Out of Statute Debt is....

No it's not, read what Lady just told you. The SOL argument is an absolute defense, it means it's up to the debtor to bring it up in court and the case will be dismissed, however, it does not prohibit a CA from suing you, nor is it a violation.

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Just a side story to add to this

I remember a couple years ago that I had a guy calling me for a repo that was repo'd because of an accident that wasnt insurred (yes my fault, my mistake). He continually called me to ask me for my credit card number from a 6000 card he was able to find on my credit report from Capital 1. I kept telling him that if i had a credit card that had 6k, i can guarantee it would be maxed and not avail as it was. he kept telling me that it only had a minimal balance of like 1000.00. To come to find out that I did have a capital one account but it was for my other car that was miscoded on my credit report. If I only had this site then. I would have it paid off by now

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What Flyingfir said.

Also, we have Linda (disgusting pig) Tripp to thank for the caselaw that if YOU dont KNOW that recording is illegal, you can get away with it. So play stupid and record. It's "excusable negligence at worse". Meantime they are dead meat ;-)

Do you have a call back #? If so, go to a pay phone or some phone not connected to YOU in any way, no relatives, etc. Call and ask for thier address. Then DV them, tell them it is inconvenient for them to contact you by telephone. Now record any callbacks, play doumb, get these accusations and threats on tape.

Then if you feel like a new hobby....suing in Fed over this stuff, by all means go get some free money.

________

BUY SILVER SURFER

Edited by uwackme
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I googled their call back # to find address and also find this add - what a joke! I pity anyone who has to apply for this job. I gather from this info this is not a CA but a JDB.

Apex Financial, LLC

AUTO DEFICIENCY COLLECTORS WANTED

$280 million new purchase

Apex Financial a division of Hilco receivables (leading debt purchaser) is seeking FT experienced auto deficiency collectors. Candidates must be able to maximize auto deficiency collections through effective account management, knowledge of end of lease terms collection strategies while maintaining a high level of service compliance. We offer a positive fun atmosphere with lucrative opportunities for growth development. All positions have a base salary, bonus structure, full benefits package.

Please mail or email your resume salary requirements to:

Apex Financial Management

C/O: Keenan Herring or Anita Trujillo

8160 South Hardy Drive, Suite 110 Tempe, AZ 85284

Fax: 480-598-5550

Dir: 480-222-5900

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A little more ssearching and I came up with this - I guess these guys are the hot new CA/JDB to watch out for. Tha artical should also say these use illegal tatics, lie and tie to scare/harass people into paying, but fir obivious reasons they left that off.

Buffalo Grove, Illinois - September 7, 2004 ... Apex Financial Management, LLC, which opened its doors on May 1, 2004, to provide consumer and commercial accounts receivable portfolio collection services, today announced that collections have already surpassed the $2 million dollar per month mark. This is believed to be the first time in industry history that a start-from-scratch collection agency has attained this level of productivity in such a compressed timeframe.

Industry veteran, Bill Kolz, Senior Vice President of Operations for Apex, stated, “We are way ahead of forecast and expecting the trend to continue into 2005 based on current bookings and forward flow commitments.” Kolz added, “Our investment in quality people, systems and processes is paying off faster than we ever expected.”

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In California, it is a violation to "even attempt collection" of a timebarred debt. A dunning letter may be sent, but, it cannot contain any threats or demands. If you want to read this, go to the credit repair section and click on our sticky about Calif Law, Click on the site in the second post. This will take you to the Summary of the FDCPA as California interprets the Federal and State law as written. The site is sponsored by the Department of Consumer Affairs. Once there, scroll down to Article 2.6(2). It clearly states it is a violation to even attempt collection of a debt that is too old to be enforcable.

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Also, we have Linda (disgusting pig) Tripp to thank for the caselaw that if YOU dont KNOW that recording is illegal, you can get away with it. So play stupid and record. It's "excusable negligence at worse". Meantime they are dead meat .

That's a risky strategy at best - if it doesn't work, you are screwed, not very legal savvy. Also, there is some case law (not related to recording) but to credit issues that says that because of the sophistication of the case filings and paperwork, that the least sophisticated consumer rules do not apply.

Lynn Becker v. Montgomery - Lynch

CIVIL ACTION NO. 1:02CV 874 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO 2003 U.S. Dist. LEXIS 24992

What you can do though, is have someone listen to your conversations with the CAs and then write a sworn statement as to what was said. Eavesdropping is never illegal.

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