Amerikaner83

[fatherof3]

I clicked on your links for our state, the one about interest interests me. From what I have read the default interest rate is 12%. If no contract can be produced then the interest rate is 12%.

The other link about being licensed also in interesting. Again, it looks like each office must be licensed to do business in this state.

I got a letter from a CA office located in MI. The main office is in KS and they want me to send payment to DE. The offices in KS and DE are licensed but the one in MI is not. ??? Is there someone to call on this? Attorney General?

Thanks.

BTW I think your posts are very helpful on this site. My 2 cents for everyone else on this site, Trust no one. I believe some of these posters on this site are DEBT COLLECTORS. Do your own research and then act for yourself.

[Amerikaner83]

hey father -

That is interesting. I would think that if the MAIN office is licensed, then it'd be ok. But the one in MI is the one that sent you the letter...right? Very interesting. I might, if I were you, make an inquiry to the AG or the Dept of Business Licensing regarding this. I'm not quite sure how it's handled if some locations of a company are licensed but others are not.

"...helpful..."

Thanks! I do try and help eveyone I can, and I do tend to be a little biased towards my fellow Washingtonians I remember how lost and "over my head" I was when i first found the site...it took me a long time to understand the FCRA, FDCPA, not to mention the State laws and requirements. But it is worth it. I think many folks don't realize that they may have provisions of state law that supplements the FDCPA, becuase they don't bother to check.

I have no doubt some of the posters are debt collectors (or at least share their views), but that doesn't automatically disqualify their posts and contributions.

[fatherof3]

You're welcome.

I also found, because of your link posting, that they can only contact me 3 times in a week and only once at my place of employment.

I wasn't always over my head and I have been trying to work with these companys. I have paid off quite a few but there are about three, that because of consolidation by the banks, decided to get tough with us. I want to pay but if they keep adding late fees, etc... it makes it impossible to achive the goal. Hench the interest link. I really believe that they do not have a signed contract with my name on it.

I wished I would have found this site before I signed up with the CCCS folks because I could have saved me some money. I just assumed that the amount was correct, no DV or anything. Live and learn.

Thanks again.

[Amerikaner83]

You're welcome.

I also found, because of your link posting, that they can only contact me 3 times in a week and only once at my place of employment.

Yeah, that's pretty cool, ain't it? There are some nice perks being a Washingtonian, though I'd LOVE to have the ability to DV anytime like Texas, and have a Statute of Repose like WI and MS. Then WA would be even better! Oh, and a 4 yr SOL across the board too! Then it'd be perfect!

[fatherof3]

Sounds good to me, lets start lobying.

Question: I have been contacted twice today by the same CA at my place of employment. I already talked with them about this alledged account at 12:30 pm and told them that I asked for more info and not to call in a letter sent out on Friday. Then at 4:30pm they called my place of employment and told a fellow employee that they needed to talk to me about personal business about an overdue credit card.

In my opinion they violated the RCW in two ways:

19.16.250

9) Communicate or threaten to communicate, the existence of a claim to a person other than one who might be reasonably expected to be liable on the claim in any manner other than through proper legal action, process, or proceedings except under the following conditions:

12) Communicate with a debtor or anyone else in such a manner as to harass, intimidate, threaten, or embarrass a debtor, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if:

( It is made with a debtor at his or her place of employment more than one time in a single week;

The question: Where do I find out the amount that they may be liable for?

Do you have any other violations that they may have done with this phone harassment.

I called them back and told them that they could possibly be in more violations and that it would cost them more than what I owe. She said the dialer was set to automatic and that she was sorry for the inconvieniance.

Thanks for any help.

[Amerikaner83]

they're liable for 2K per violation. RCW 19.16.250 is what they violate. RCW 19.16.440 states that violating 19.16.250 is an "unfair or deceptive act" with regard to the Consumer Protection Act, and is a violation of RCW 19.86.020 (the actual Consumer proteciton act statute).

You can find that here as well: http://debt-consolidation-credit-repair-service.com/forums/showpost.php?p=850196&postcount=2

I called them back and told them that they could possibly be in more violations and that it would cost them more than what I owe. She said the dialer was set to automatic and that she was sorry for the inconvieniance.

"The computer did it" eh? LOL But that is a case for the "bond fide error" if it only happens once. But I have heard that even though calling more than 3x in a week or once a week @ work is a violation, it's not as seriously enforced. IOW - don't think you'll get 2K just for that. The big thing is not being licensed. Then trying to collect more than is allowed - those are the BIG ones that they really look down upon.

[Amerikaner83]

I almost forgot - STAY OFF THE PHONE with them!

Tell them your employer PROHIBITS telephone calls.

If they call again, it's an FDCPA violation as well.

[fatherof3]

Thanks. I told them that I want everything documented. I need a paper trail so I can do my own investagating.