Jump to content

Nationwide Credit...


Recommended Posts

Has anyone ever dealt with these guys?

I just received a telephone call on my cell phone at work from these people. The guy did not get my name right (very common as my name is unusual) and when I said my name correctly, he asked if my last name was xxxx and spelled xxxx. I said yes. I asked who he was and he said he was calling regarding a business matter. I instantly went on alert and walked out where no one could hear my telephone conversation.

He asked me to verify my name and if my address was blah, blah, blah. I did not answer him and asked instead why he was calling my cell phone and who gave him the authorization to call it. He said it was the only number he had to contact me. He asked me again if my address was blah, blah, blah. I did not answer him and instead told him that I do not discuss financial business matters over the telephone and to send me something in writing. He said they do not send matters in writing. I asked "you seriously do not send anything through the post office?" He said he could. So I said, "Per the FCRA, I am notifying you that I do not deal with people who do not give me any information. You may send me something in writing."

Now, the address that he was giving me was NOT my address. It was a P.O. Box that was on my report when I was using the CMS (Court Mediation Services) program. I know for a FACT that my correct address is on my CRA's because I cleaned those up. If this guy sends this to the wrong address, is that my fault or what? I do not know who he is claiming to represent. My fear is that they send a letter to this wrong address and I will not have the opportunity to DV because I will not have received any letter. I am waiting to see what happens, but need to jump on this now rather than later.

Thoughts? Would appreciate any advice. If possible, PM me because the notification goes to my cell phone and I can be more on top of this matter.

Thanks,

Oregonactor

Link to comment
Share on other sites

My $00.02

Sounds like a debt collector is playing games with you............FYI -

Debt Collection FAQs: A Guide for Consumers

If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.

The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

Here are some questions and answers about your rights under the Act.

What types of debts are covered? The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place? No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

How can I stop a debt collector from contacting me? If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you.

Here’s how to do that: Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt? If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt? Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money? If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors? Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:

* use threats of violence or harm;

* publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);

* use obscene or profane language; or

* repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:

* falsely claim that they are attorneys or government representatives;

* falsely claim that you have committed a crime;

* falsely represent that they operate or work for a credit reporting company;

* misrepresent the amount you owe;

* indicate that papers they send you are legal forms if they aren’t; or

* indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:

* you will be arrested if you don’t pay your debt;

* they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or

* legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:

* give false credit information about you to anyone, including a credit reporting company;

* send you anything that looks like an official document from a court or government agency if it isn’t; or

* use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:

* try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;

* deposit a post-dated check early;

* take or threaten to take your property unless it can be done legally; or

* contact you by postcard.

Can I control which debts my payments apply to?

Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?

If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.

Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?

But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me? If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation? Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov).

Link to comment
Share on other sites

Thank you 2ndTime. I appreciate you spelling that out for me. I was so angry by that phone call that I could have spit nails!! The guy was so smug at first but when I said send something to me in writing, he got very quiet. He also NEVER identified himself as a debt collector only that he was from Nationwide Credit. Nothing came out of his mouth about trying to collect a debt. His accent was so thick that I wasn't even sure he said Nationwide Credit until I googled the number and it came back as them.

I have been advised to write them a letter regarding the violation of not identifying themselves as a debt collector only that he was "from Nationwide Credit and calling on a personal business matter." At no time did anything come out of his mouth about being a debt collector. He just kept trying to get me to verify an address that wasn't mine. So I didn't answer him.

I will be sending off a letter to them tomorrow CMRRR notifying them of their violation and will happily accept a payment in the amount of $750 for the FDCPA violation that they committed this morning. :)

May not come of anything, but considering that the Secretary of State is a very close personal friend of mine, she might be very interested to know what is going on in her state. :) I LOVE having friends in high places.

Oregonactor

Link to comment
Share on other sites

I am suing them for an unauthorized credit pull, sent them the letter of intent two weeks ago....

I have the telephone call on my cell phone, but I got them in a BOLD FACE LIE! The guy that called my cell phone said they had no other number to contact me at. Well lo and behold when I got home from work on Monday, the same guy had left a message on my home answering machine and said "This is such and such and I am confirming location information for Oregonactor. Please call me back at blah, blah. blah." and hung up. It was the same number that registered on my cell phone so I already knew it was Nationwide Credit. I made a recording of the message and will be sending them a letter for a violation. :) Not once on either telephone call did they tell me why they were calling, all they told me was they were calling about a "personal business matter". Only after some pushing on my part did he finally say he was from Nationwide Credit and even then NEVER identified himself as trying to collect a debt, only that he was calling about a personal business matter. I have no idea who he was calling about, but I will see where this goes. Would be nice to have some extra money to put into my savings account. :)

Oregon Actor

Link to comment
Share on other sites

  • 3 weeks later...
Updates? I got a message from these guys today but they are looking for someone else.

Sorry about the late reply. Had to deal with some other business and haven't checked the boards in a LONG time.

These jokers called me a couple more times and I actually got one telephone call recorded. Now, this is not a legal recording of the conversation because I did not disclose that I was recording the conversation and I am in a two-party state. But it helped me in making sure I was understanding them correctly.

This weasel and I went round and round a few times because he was trying to get me to admit to something. Well, I never did, and I told him that he needed to send me something IN WRITING to my correct address which he finally verified with me by HIM providing it, I did not provide him anything. But that was over 3 weeks ago, and I have never received a letter or anything. So as far as I am concerned, until I receive a letter, they can go take a flying leap. He tried to tell me that in 2008 they contacted me and I told them to contact my attorney. Um, yeah, I have never had an attorney, so why would I tell them that? He also informed me that he had it on his computer that I told them that they were not to call me at work. Guess what I have saved on my voice mail? Yep. A message from this jerkass with a date, time, and the whole "...this is a message for Oregonactor. If you are not Oregonactor, please hang up now. If you continue to listen to this message, then you acknowledge that you are Oregonactor..." Thought I read somewhere that that kind of message was not legal to leave. ESPECIALLY when he admitted to me that he acknowledged that they were not to call me on my work number.

So I can't give you an update, but I can tell you that I am ready to fight a good fight if it comes down to anything.

Link to comment
Share on other sites

Three weeks ago, huh?

What does the debt collector have to tell me about the debt? Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

looks like that's a violation of the FDCPA as well... :)

RL

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...