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Rude Phone Call from CA last night


tracemb14
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I received a phone call from someone named Pam from Genesis....that is all she would say. Her tone started out rude and only got worse. She claimed to have a debt of mine from MBNA. She asked me to verify the last four digits of my SS#. I did not.

I was caught off guard by her tone so I was not as forceful with my responses as I had hoped to be. I told them I was recording (unfortunately I wasn't) I TRULY am not aware of this company as they do not show up on my CR's...although she claims they do.

Anyway...in short, she said things like, "If you could read your report..." "Like you could quote a law to me..." (when I attempted to speak of the Credit Reporting Act). "Why can't you just own up to this debt. You know it is yours." "I do not have to validate anything to you." You stole $6000 and don't want to pay it back, right lady?"

I asked 4 times for them to send me this in writing and they said "No, let's settle this on the phone." Finally I said "This conversation is over, goodbye." And I hung up.

They IMMEDIATELY called back. I answered and Pam said, "We are suing you." I said, "Do what you have to do." She attempted again to get to me admit things, settle on the phone, etc. I stayed persistant with "Send this to me in writing." This time she said, "There isn't enough time."

I repeated, "Do what you need to do." She handed the phone over to her ""Credit Supervisor" who asked, "What is the problem?" I said, "First, Pam was rude and threatening. Please send this information to me in writing." This waoman answered with "We don't have to." And I replied, "Yes, you do." Then she said "why are you being so irresponsible. Just pay your debt lady." I got really tired of the LADY thing and said, "Do not call my home again. I do not own this debt and will not be treated this way. You are in violation of the FDCPA and I have documented this coversation." Goodbye.

Holy cow....this left me stressed the rest of the night...although I didn't lose sleep over it.

Suggestions as to what to do now? What I have written is really all I know about this "Genesis" company.

Thanks ya'll

In Texas

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Here is a sample letter you can send the collection agency. You will have to modify to fit you but basically everything else applies. Please note that you "DO NOT SIGN THIS LETTER"!!! Type your name only:

LETTER TO COLLECTION AGENCY

LETTER TO COLLECTION AGENCY

COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST Use this IN IT'S ENTIRETY. DO NOT call them .

Use this letter and the included form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail return receipt requested.

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CRRR#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter.

(If you have nothing in writing use the phrase "recent communication)

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Your legal staff will agree that compliance with this request is required under the laws of (State name) and Federal Statutes.

In addition to the questionnaire below, please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

-------------------------------------------

Debt Validation Form

Questionnaire to be returned :

Account #: ____________________

Original Creditor's Name: _________________________________

Name of Debtor: ______________________________________

Address of Debtor: ___________________________________

Balance of Account: __________________________________

Date you acquired this debt: _________________________

This Debt was: assigned ___purchased___

Please indicated any credit bureaus to which you have reported on this account:

Experian ______

Equifax ______

TransUnion _____

:rollingpin:

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It's always tough when someone says "we're going to pursue legal action" or something like that. Most of the time, they never do. At any rate, they will probably send you a letter with 5 days of 1st contact, if they consider the phone call first contact! Just send back a DV with limited C&D and that should do it.

Just look at this way: the phone is like a last resort to upset you and try to get you to pay. Don't fall for it.

________

Herbal Vaporizers Vaporization

Edited by kevin3344
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OK, this is territory I have been in myself.

Read this and this is what I did about it

What you should do here is write down everything you can remember about the call: date, time, names, phone number they called you from (from caller ID), and what was said. This will jog your memory later.

Next, wait a couple of weeks to see what they do. Remember, they must send you the miranda notice within 5 days.

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Thats why you stay off the phone.. they are trying to get you stressed out.. its part of the mind games they play .. Pam or whatever her real name was is on commission.. she makes a buck.. its a happy day in Pam world.

I am like you.. except I NEVER go that far.. I say send it to me in writing.. and then hang up.. I dont even give them time to respond.. then if they call back it goes to voice mail.. its not worth the argument.. they are abusive and harasssing.. its what they are paid to do.

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  • 4 weeks later...

In regards to receiving a letter after a rude phone call (it was sent 6 days after the call but I am not going to get that picky) however, it gave me only 10 days to respond, not 30. Is there a quote from the law books (Fair Debt Collection, etc...) I can send with my letter to them?

THey mentioned the OC and the amount owed pluse more $$$ for this and that. DO I still send a DV or ????

Thanks

Tracy in Texas

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I would DV them. Use the above letter or just something more simple.

When they give you 10 days, do they have an "or else" listed or do they just say 10 days? You can quote the 30 days back to them, but it's not like it will do a lot of good. They don't care about the laws and are using the shotgun approach of saying and doing anything to get you to pay ASAP.

Definitely document everything as divemedic said above. It sounds like they are the kind of company that will rack up violations and they may end up owing you.

Get a tape recorder and document the calls as much as possible.

Read through the FDCPA so you will know a violation when you hear/see it. It is not that confusing and it lays out such things pretty clearly. For example, if they used foul language, threatened you, said they'd sue when they can't or have no intention of doing so.

STAY OFF THE PHONE. You did pretty well this time, better than 90 percent of people probably getting a cold call like that, but they are trained to push your buttons until you say something taht they can use against you.

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what should I do i they are calling family members too? They actually called my sisters inlaws! How can I keep that from happening?

Start keeping records of everything if you haven't already done so. Note the day and time and the gist of these phone calls. Did they say they were a debt collector? Get the number from caller ID if your family has it.

It sounds like these guys are racking up some violations you can use as leverage. For example, they can only call third parties for the purpose of locating you. Since they've already called you, they know where you are, so they don't need to call anyone else to find out. They are harrassing you. Don't get upset, get mad and get ready to fight back.

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