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Wait til you hear this one!!!


2talll
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New creditor calling and harrassing me yesterday, you guys will get a kick out of this one.

The secreatary at work comes in and asks if I can get away from my class for a few minutes because I have a phone call the guy won't leave a message. Of course I can't just leave a class to take a phone call so I ask her to take the name and number and I'll call back after the class. I get the message and it says Hartford County Sheriff's Office regarding IRS. I call and all I get is "hello" instead of Hartford County Sherriffs Office or whatever you'd expect calling a business. The guy acts like he's a sherriff saying that Citibank visa is suing me and filing a clas D felony for Malicious Intent to defraud. I say OK and then he gets all snotty yelling at me for not seeming too concerned about it or not even caring thinking it was a joke. I tell him that I'm just shocked and if I'm being taken to court then how do I get the paperwork that actually says I'm being sued. He says there is no paperwork until the courts get it and that I need to talk to the lawyer at his office to make arrangements to avoid being sued and having the felony filed against me. At this time my head is running knowing all well this is not the sheriff's office so i tell him I'll call him back later at night since I had to get to my other job which I was already late for.

Of course when I get home from work there's no one at their office- it's name was something to do with Asset Verification but I didn't get the entire thing. I left a message saying that I needed to see something in writing from them before I start dealing with it over the phone since they alredy violated the FDCA (or whatever the initials are) by calling at work under false pretenses pretending to be the sheriff's office and that I've sent certified letters to Citibank asking for the debt validation that were never returned.

Anything else I should do? Thanks

EDIT: Today I get a call from my brother saying this lawyer called him and said they are suing me for fraud. Then after work, my dad calls saying the same guy called him. He actually called the guy (who he said sounded really sleazy) and the guy told my dad there is a warrant out for my arrest and I am being sued for fraud. My dad asks why he's calling him and my brother instead of me and how he even got their numbers. His answer was something about them being an investigative company. So my dad asks if they are such a good investigative company why they are calling them instead of me and his answer was I was being crafty and avoiding their calls. Funny, but the only calls I actually get are the ones about my social security number from my other post.

Anyway, I know that they can't call my family members based on the fair collections act. I've been told they can't get me arrested or sue since they admitted they are a company that bought the debt. I'm planning on calling and leaving a message for them tomorrow night telling them to stop calling me, it's against the FDCPA to be calling my family members, etc.

What else should I say?

Also, the number that showed up on my caller ID today is 1-216-3731464. Can anyone do any digging and find any onfo about it for me?

I can go through my call logs on my phones later and find other numbers they've used since there have been different ones, but this is definitely the number they called from today. Thanks, as always.

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This is absolutely outrageous!! But common. Send letter to that collection agency and tell them they are violating the FDCP and they are never to contact you again period!!! Tell them you have reported them to your state's Attorney General office and they are under investigation this should scare them away!!!

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Thanks for the help guys.

Couple questions:

Do I contact my state's attorney general or the state they are calling from? It didn't even dawn on me when first calling but the area code isn't from CT.

Is there a site or something that lists the creditors and their addresses? THey haven't sent me anything in the mail (and said they weren't going to) so all I have is a partial name and a phone number.

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I got a rude voice mail from the guy at my house today saying I'm not as educated as I think because I got the inititials of the FDCPA wrong, saying they don't even have to follow those laws because they are not a collection agency, but a firm hired by the bank. Then proceeded to start swearing at me because they don't care if I pay because they are paid either way by the bank and I better return their call.

Do I call them back or wait it out? What do think? Thanks

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...saying they don't even have to follow those laws because they are not a collection agency, but a firm hired by the bank.

Do I call them back or wait it out? What do think? Thanks

If it is indeed the OC...or even a "rent-a-body" collector working on assignment at the OC, then...maybe...they're not governed by the FDCPA. An employee of the OC wouldn't be, and I don't think a contractor working on site would be either.

But...none the less, even OCs really don't like their people being rude and abusive...at least not on tape. So, I second the motion to get a tape recorder for your phone. Then, whenever they call start the converation with "okay, I've got my recorder going, please state your name...". I did that once, and the lady on the phone went balistic..."sir, I did not give you permission to record this call"...I responded with "I don't need your permission now that I've informed you the call is being recorded. Do you want to continue?"

Note...unless you're prepared to cough up money, there really isn't any reason to talk with these people. They have probably violated some laws, and will almost certainly do so again. Get them on tape. You can use it in court later on...

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Yeah,

I was thinking the same thing LadynRed. I found it funny in his voicemail yesterday he made rude comments about everything else I said but totally avoided the entire "you were imersonating a Hartford County Sheriff's Office employee saying you were calling about an IRS mater."

Could it even possibly be the OC hiring someone if this debt has been tossed around to numerous collection agencies for a while now- would they somehow get it back?

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I'm going to call later on tonight to get the name of the company so I can post it here and see if anyone knows anymore about it. I'll look into contacting the Attorney Generals and the Sheriff's dept. over the weekend when I have more time to do the research.

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Could it even possibly be the OC hiring someone if this debt has been tossed around to numerous collection agencies for a while now- would they somehow get it back?

Hmmm...I didn't catch that part. So how old is this debt? Is it possible that its been sold? If its been more than 6-8 months since you paid on it, there's a good chance you dealing with a JDB now. That puts everything in a whole new light...

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New creditor calling and harrassing me yesterday, you guys will get a kick out of this one.

The secreatary at work comes in and asks if I can get away from my class for a few minutes because I have a phone call the guy won't leave a message. Of course I can't just leave a class to take a phone call so I ask her to take the name and number and I'll call back after the class. I get the message and it says Hartford County Sheriff's Office regarding IRS. I call and all I get is "hello" instead of Hartford County Sherriffs Office or whatever you'd expect calling a business. The guy acts like he's a sherriff saying that Citibank visa is suing me and filing a clas D felony for Malicious Intent to defraud. I say OK and then he gets all snotty yelling at me for not seeming too concerned about it or not even caring thinking it was a joke. I tell him that I'm just shocked and if I'm being taken to court then how do I get the paperwork that actually says I'm being sued. He says there is no paperwork until the courts get it and that I need to talk to the lawyer at his office to make arrangements to avoid being sued and having the felony filed against me. At this time my head is running knowing all well this is not the sheriff's office so i tell him I'll call him back later at night since I had to get to my other job which I was already late for.

Of course when I get home from work there's no one at their office- it's name was something to do with Asset Verification but I didn't get the entire thing. I left a message saying that I needed to see something in writing from them before I start dealing with it over the phone since they alredy violated the FDCA (or whatever the initials are) by calling at work under false pretenses pretending to be the sheriff's office and that I've sent certified letters to Citibank asking for the debt validation that were never returned.

Anything else I should do? Thanks

What exactly is "Malicious Intent to defraud"? A guy on another board, stated that a collection agency threatened to bring legal action against him for fraud, because he lied about his income to obtain a line a credit. I think he used the same term "malicious intent" but I'm not sure. Collection agencies are really crossing the line of civil into legal aren't they? I don't think there is a statute of limitations on fraud, so that may be why they're doing it...to extend time to get payments.

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What exactly is "Malicious Intent to defraud"? A guy on another board, stated that a collection agency threatened to bring legal action against him for fraud, because he lied about his income to obtain a line a credit. I think he used the same term "malicious intent" but I'm not sure. Collection agencies are really crossing the line of civil into legal aren't they? I don't think there is a statute of limitations on fraud, so that may be why they're doing it...to extend time to get payments.

Having had this sort of thing used on me, I'm thinking this is just another way for a collector to intimidate us poor debtors into doing something we don't have to. These people are trained to instill panic...so, IMHO, that's what this is all about. Make you think the cops are at the door, so you'll cough up money.

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Fraud is difficult to prove, especially on a debt that has had no payment activity for 5+ years. The JDB or CA would have to get a copy of an original application that provided evidence that a debtor misrepresented income. They would have to prove that the debtor did not make the amount represented on the application. JDB's do not have time for taking paths that lead nowhere. Proving fraud on a debt this old is next to impossible and would eat up too many work hours.

Go to www.budhibbs.com to look for info on the CA.

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Having had this sort of thing used on me, I'm thinking this is just another way for a collector to intimidate us poor debtors into doing something we don't have to. These people are trained to instill panic...so, IMHO, that's what this is all about. Make you think the cops are at the door, so you'll cough up money.

I'm still not sure what the term "Malicious Intent to defraud" means? I've read that on a few boards. On this board, a woman posted a message that her disabled parents were arrested because of something having to do with medical bills. I'm surprised collectors are locking people up.

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Fraud is difficult to prove, especially on a debt that has had no payment activity for 5+ years. The JDB or CA would have to get a copy of an original application that provided evidence that a debtor misrepresented income. They would have to prove that the debtor did not make the amount represented on the application. JDB's do not have time for taking paths that lead nowhere. Proving fraud on a debt this old is next to impossible and would eat up too many work hours.

Go to www.budhibbs.com to look for info on the CA.

Be careful with that Budhibbs site. I've read a few things on there that are not accurate. Last year I used to browse his site.

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I'm still not sure what the term "Malicious Intent to defraud" means?

Legalese for you started out lying with the intent to not repay the credit. Again, nothing to worry about. Its like I say I'm going to call the cops on my kids if they don't stop making noise. (Well, now, I actually did that once. The kids were 4 and 2, and the cop was my brother. He pulled up with the siren going and everything.) Anyway, same principle...us poor debtors don't know the law and the big bad collector lawyer feller is going turn us in.

As for Bud Hibbs...well...they are lawyers. What's correct, and what's right, and what's legal are not always the same thing. Just if I'm going to court against a collection agency, I'll want Bud Hibbs representing me.

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Legalese for you started out lying with the intent to not repay the credit. Again, nothing to worry about. Its like I say I'm going to call the cops on my kids if they don't stop making noise. (Well, now, I actually did that once. The kids were 4 and 2, and the cop was my brother. He pulled up with the siren going and everything.) Anyway, same principle...us poor debtors don't know the law and the big bad collector lawyer feller is going turn us in.

As for Bud Hibbs...well...they are lawyers. What's correct, and what's right, and what's legal are not always the same thing. Just if I'm going to court against a collection agency, I'll want Bud Hibbs representing me.

Ok, I see what you're saying. So it's not just a matter of receiving the credit and not paying if off completely.....the INTENT of planning to never pay the debt must be proven? If the latter is proven, that would be "malicious intent to defraud". Is that correct?

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Ok, I see what you're saying. So it's not just a matter of receiving the credit and not paying if off completely.....the INTENT of planning to never pay the debt must be proven? If the latter is proven, that would be "malicious intent to defraud". Is that correct?

Yep...standard CA scare tactic..."you never intended to pay this, so its fraud"...very hard to prove.

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