BV80

JDB Call - VIOLATIONS RECORDED

Recommended Posts

This is a tad bit long...but please bear with me.

A JDB (I assume) left a message on my hubby's cell phone. It wasn't very clear...there was no miranda and his caller ID said "restricted" so he decided to call them back on the number they left. As soon as they started talking he realized it was a debt collector.

He thought "Oh crap! BabyCakes (that's me) has the recorder. (He's out of town tonight plus we haven't had a call from a debt collector in a long time.)

Anyway he decided to get some info from the "representative". It was about an AmEx account. We have one that's current and in good standing. We had an old one that was charged off years ago (well outside the SOL). The rep told him the balance and stated that we were going to be served in the morning. Hubby asked him what they would settle for (did not admit anything about owning the debt). Rep said that because Hubby's payment record at one time was excellent they were going to do him a favor and let him pay half the balance and not file suit.

Hubby told the rep the we don't know him and he didn't feel comfortable sending money for something he doesn't know anything about. The rep told him where we live...our mortgage payment...said he knew who hubby's employer was...that they could get a judgment and garnish our wages. He also said that the last payment on the account was in 2006 and Hubby could check his credit report for the that information.

Hubby then told the guy to send something in writing for us to look at. The rep said he'd send it by email but that we had to pay by 8:00 PM California time in order for them to get it in time and not serve us tomorrow.

My hubby called me and gave me the info. I looked at the email "offer".

First...the account # didn't match anything we have. They wanted a check for the first payment TODAY. The letter also stated:

"If you are unsure whether the payment will be received in our offices on or before the due date, you may contact the undersigned Account Manager to obtain instructions for sending funds via OVERNIGHT DELIVERY SERVICES, MONEY GRAM, or CREDIT CARD."

I checked the CRs. NO entry from this company. There was an inquiry on one of the CRs however. Also no AmEx account with that account number.

I got my trusty recorder and called the putz. I told him that my hubby didn't have access to his computer this evening so I had looked at the letter myself. He was willing to talk and told me the same stuff he told my husband.

Me: "The last payment was 2006? Isn't that a long time?"

Putz: "Yes it is but the debt is still owed."

Me: "Isn't there a statute of limitations or something?"

Putz: "Yes it's 7 years"

Me: "And you can garnish our wages over this?"

Putz: "Yes we can"

Me: "Sir I'd like to inform you that according to Section 15 Chapter 3 Section 530 of the S.C. Code of Laws the SOL in SC is 3 years."

Putz: "No...it's 7"

Me: "Also according to SC law you cannot garnish our wages"

Putz: "Of course we can"

Me: "Sir you are in violation of the FDCPA"

Putz: starts laughing

Me: "Go ahead and laugh. Look up the laws"

Putz: "We're in California. Our laws are...(indistinct and unintelligible)"

Me: "So what if your in CA"

Putz: "We can serve you in SC and sue you in CA"

Me: Laughing

Putz: "You think that's funny"

Me: "Yes I really do."

Putz: "Well we'll sue"

Me: "Sir you do whatever you think you can do. Buh Bye"

Click

Violations:

1. Message on hubby's phone left no mini-miranda.

2. SOL in SC is 3 years. (misrepresentation)

3. Wage garnishment (Not allowed in SC) (The threat to take any action that cannot legally be taken or that is not intended to be taken)

4. As far as I know we've never received a letter from these people. No 30 day notice.

BTW...they can't serve us in SC and sue us in CA can they?

I'd love some suggestions from the wise members on this board as to the actions hubby and I should take. :twisted:

Edited by BV80
Link to post
Share on other sites
BTW...they can't serve us in SC and sue us in CA can they?
Nope add that to the violations (threatening an action that cannot be taken) ;)

LOL however "I" would likely "play stupid" and get him to use that threat again and mention THEN "I" could use the ;Cali Rosenthal to my advantage SWEEEEEEET ! (bet he'd NOT like that)

"I" would also add an FCRA violation for NO PP to do an inquiry (make THEM Prove they in fact did have PP) I'd "bet" they did not have it ;)

For what it's worth IMO this is "good enough" to get the best lawyer you can find (I'm quite certain they'd love to take this one on for a percentage or their legal fees paid by Mr. Scumbag and Co. )

As this bunch is obviously not "too bright" it would be easy enough with a good lawyer to really get them on other violations - NOT saying it would be "tough" Pro Se` at all, I'm of the opinion when they're this foolish- a good lawyer is better on all the avenues to get them on ...

Edited by hopefulscambeater.
Link to post
Share on other sites

Oh I did play stupid. I was stuttering and sounding upset. My husband was laughing his head off when he heard the recording. When I got to the part about the SC Code my tone immediately changed.

Nope add that to the violations (threatening an action that cannot be taken)

Done. Will be added. I did think about an FCRA violation. BUT in order to do that I suppose I'd have to DV them before I could do anything else.

How would a threat to sue me in CA enable me to use the Rosenthal? I've heard of it but am not familiar with CA law.

Edited by BV80
Link to post
Share on other sites

Ok, let me tell you guys something abou debt collectors:

Rule #1: NEVER TALK TO A DEBT COLLECTOR, PERIOD: they record information and they can present it in court.

When I was a newbie around here we had a member named SWEDE, she was a mod and was teaching us.

I even mentioned we talked to a Debt Collect she would really get on your case. She would hardly let you give advice to people.

I have never talked to a debt collector in about 5-6 years. They can record you, store your phone #, etc.

It's not neccesary to talk to them.

I have never even talked to the law firm that was suing me. You let your defense do the talking.

I they call you hang up, they will eventually stop calling. You can send cease calling letter where they can only communicate by writing, and I highly recommend that.

but that can be tricky too, you have to do it right.

Dont talk to Collection agencys guys, that is a BIG NO NO!!!!

Link to post
Share on other sites

Adsoft

As I stated before...my hubby didn't realize it was a DC until he called the number left on the recording. He only talked with the guy so that he could give me the information.

I called back because I knew the company didn't have a leg to stand on. That AmEx account has never been on my hubby's CR. I wanted violations.

Ok...I'll be honest. I was also a little bored and wanted to jerk the guy's chain. When my hubby called me...he said "Babycakes...you'll have fun with this." And I did. :D

If I was unsure about the account...the SOL...and the FDCPA...I would never have talked to him.

NOW...I've never filed an FDCPA case. That's where I'm going to need help.

Link to post
Share on other sites
If you didn't get a summons within 24 hours you have another violation - threatening an action they have no intention of following up on.

Thank you! Even though it's a JDB...I'm giving them credit for intelligent thought and I don't believe they'll be stupid enough to follow up on their threats. Your suggestion will be added to the list.

Link to post
Share on other sites
The violation happened at 12:01PM your local time.

Thank you again. I'm making notes because I want to make sure all my i's are dotted and t's are crossed.

Link to post
Share on other sites
Adsoft

As I stated before...my hubby didn't realize it was a DC until he called the number left on the recording. He only talked with the guy so that he could give me the information.

I called back because I knew the company didn't have a leg to stand on. That AmEx account has never been on my hubby's CR. I wanted violations.

Ok...I'll be honest. I was also a little bored and wanted to jerk the guy's chain. When my hubby called me...he said "Babycakes...you'll have fun with this." And I did. :D

If I was unsure about the account...the SOL...and the FDCPA...I would never have talked to him.

NOW...I've never filed an FDCPA case. That's where I'm going to need help.

I didn't mean to come down you sorry, I just remember when Swede was around anybody posted they talked to a CA, we were afraid that we would get banned or wouldn't get anymore help.

Those were tough times for ADSOFT around here: lol, I kind of miss Swede.

Anyhow, I didn't read all the dialog since I'm in the middle of my case and trying to help someone I promised I would.

I don't know much about what court to sue under FDCPA. I'm not sure but you get max of $1000 some people talk about violations but I have never got that into it. I like the collections stuff because it's so close to contracts.

Don't talk to CAs, they are real buggers, they record stuff, etc. Swede would tell us some horror stories.

I wouldn't be surprised if you had your case won and the lawyer wips out a recording. I'm sure it's happend.

Good luck.

Link to post
Share on other sites

Now, I don't advocate just everyone talk to a CA but, I do! Love jerking their chain. In this case though, be Very Very careful!! California has some of the toughest anti-recording laws in the nation, even if you do call from a one party State such as SC. They can sue you big time if you tell them and they get proof.

Link to post
Share on other sites
Now, I don't advocate just everyone talk to a CA but, I do! Love jerking their chain. In this case though, be Very Very careful!! California has some of the toughest anti-recording laws in the nation, even if you do call from a one party State such as SC. They can sue you big time if you tell them and they get proof.

Just remember this: the statement in the CA's incoming message that says "we are recording this call for XXXXX purpose" is permission to you to record for YOUR purposes. Get that on tape and they don't have a leg to stand on.

Link to post
Share on other sites
I didn't mean to come down you sorry, I just remember when Swede was around anybody posted they talked to a CA, we were afraid that we would get banned or wouldn't get anymore help.

Those were tough times for ADSOFT around here: lol, I kind of miss Swede.

It's ok. I know you weren't trying to be difficult. This is only the 3rd time I've ever talked to a JDB and only because of the things he said to my husband. (And I really was bored at the moment)

Link to post
Share on other sites
Credithis

Now, I don't advocate just everyone talk to a CA but, I do! Love jerking their chain. In this case though, be Very Very careful!! California has some of the toughest anti-recording laws in the nation, even if you do call from a one party State such as SC. They can sue you big time if you tell them and they get proof.

I didn't know about CA's recording laws. I guess I won't be able to do anything with my recording. (sigh) At least I had fun for a few minutes.

Flyingifr

Just remember this: the statement in the CA's incoming message that says "we are recording this call for XXXXX purpose" is permission to you to record for YOUR purposes. Get that on tape and they don't have a leg to stand on.

They never said that to my husband or me. Anything I can do? DV them maybe and try to get their inquiry off my husband's credit report? The rep said they had entries on my husband's CR. Also the letter they emailed us stated that once the payment was made in full...their TL with the major credit bureaus would be deleted. I checked his CRs. No TLs from this company.

Edited by BV80
Link to post
Share on other sites
If you don't talk to them . . . how are you supposed to stack up violations?

BTW, BV . . . I almost fell out of my chair laughing! You did good, girl!!!!

Oh it was fun! ;)

Link to post
Share on other sites
Just remember this: the statement in the CA's incoming message that says "we are recording this call for XXXXX purpose" is permission to you to record for YOUR purposes. Get that on tape and they don't have a leg to stand on.

Ok, but what if it says this conversation MAY be recorded. Every CA I've spoken to starts their shtick off with that. I've never heard them say it WILL be recorded. Any difference?

Also, If I'm calling to a 2 party state and their message says the conversation may be recorded, could I interpret that as giving me permission, since MAY means to give permission? (Although I think they mean it as POSSIBLY)

Link to post
Share on other sites

Another thing, if you live in a one party state and the other party calls from no telling where (maybe a two party state), since they initiated the calling into your one party state - aren't they invading your space, so your state laws of a one party state should apply?

Link to post
Share on other sites
Another thing, if you live in a one party state and the other party calls from no telling where (maybe a two party state), since they initiated the calling into your one party state - aren't they invading your space, so your state laws of a one party state should apply?

I was thinking the same Linda. After all they called us first.

Link to post
Share on other sites

NEW DETAIL

In the message they left on my husband's cell phone...the rep stated that they had documentation that's being sent out to the clerk's office. If they didn't hear from us within 24 hours verifying such and such the information will be issued. They left no miranda as well.

Even though they only said "clerk's office" and didn't say "clerk of court" was that implying they were filing a lawsuit?

Link to post
Share on other sites
NEW DETAIL

In the message they left on my husband's cell phone...the rep stated that they had documentation that's being sent out to the clerk's office. If they didn't hear from us within 24 hours verifying such and such the information will be issued. They left no miranda as well.

Even though they only said "clerk's office" and didn't say "clerk of court" was that implying they were filing a lawsuit?

How else could that be taken and they know it! That is intimidating and a threat and I don't even know much about this part - but, I know that much! xdancex

Link to post
Share on other sites
NEW DETAIL

In the message they left on my husband's cell phone...the rep stated that they had documentation that's being sent out to the clerk's office. If they didn't hear from us within 24 hours verifying such and such the information will be issued. They left no miranda as well.

Even though they only said "clerk's office" and didn't say "clerk of court" was that implying they were filing a lawsuit?

In this case, the judge would probably allow that to mean the clerk of court because the consumer is considered the "least educated party" (they obviously do not talk to debt collectors too much) and hence would be lead to believe that the statement meant "clerk of court".

Link to post
Share on other sites

CA called me today too - one of our most beloved and perhaps the stupidest, after calling me twice the other day.

I explained to him that I refuse to handle anything over the phone and to send the letter required within 5 days as I had never received anything from their office. Truth

After everything I said, no matter how simple he answered with "so are you threatening me?' or "is that a threat". Completely made no sense. I didn't threaten anything, I merely told him that I refuse to keep asking for a dunning letter or any other letter from them.

He also did not say "this is from a debt collector" in any contact, nor did anyone from the same CA at anytime in about 4 phone calls.

Yesterday I mailed the cease phone contact order, all calls at any place, any time at any number are inconvenient. They should get it Monday or Tuesday.

Why did he keep retorting with "threat". There was no mention that he is a debt collector and no mention of recording. CA is in San Diego, CA.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.