collections by Vengroff (not licensed as required in my state). Need a plan

[scarab]

Vengroff, Williams and Associates Inc

PO Box 4155, Sarasota FL 34230

ph:941-209-1565 toll free 800-416-3120

fax 941-209-1565

or

principal place of business: 2211 Fruitville Rd., Sarasota FL 34237

registered agent: David L King, 8440 N Tamiami Trl., Saratosa Fl 34243

(per their Florida Secretary of State filing for 2012)

Sent me a dunning letter on 08/03/2011.

I sent them a VOD fax on 09/03/2011. It was long before I discovered CIC or these forums. Basically, all I said was that I disputed the validity of this debt.

They sent me printouts of emails they obtained from the OC that is just basically a copy of their terms and conditions. Below each section, they list my name, account number and originated on date. (BTW, we are inside of SOL period, so no help there).

I'm not sure this constitutes proof of debt, and they did not send anything with my signature. However, this may be a moot point due to the following.

In my state, any collections company MUST be licensed by the state to perform collections. I checked my states Department of Financial Institutions site, and could not find them licensed.

I am thinking of filing a complaint with the NV DFI, but I wanted your opinions first. Would this help me? What should I say?

[1stStep]

They are just a lowly collections firm...

Personally, I'd send the complaint - and send Vengroff a copy too - I'll bet that they will drop this pretty fast.

I was happy to assist the AZDFI get fines against a couple of CAs in 2011.

[scarab]

Should I add in my complaint that Vengroff failed to validate the debt, even though they received my request (as evidenced by them sending me 1/4 inch thick stack of papers)?

[1stStep]

From what you describe, it appears they validated. All they need to do is identify the OC and the amount due...nothing else.

I'd complain for unlicensed actvity - my guess is Vengroff will walk away rather than pursue and risk a civil money penalty in excess of what you supposedly owe.

[scarab]

Filed complaint with my state Financial Institutions Division.

Received a letter back.

They said

Unfortunately, we cannot give you a date for the final finding.

You are right in stating that this company is not holding a license issued by our division. However, all companies attemping to collect a debt must abide by the federal law Fair Debt Collection Practices Act (FDCPA) under the Federal Trade Comission (FTC). If you feel that there is a violation of the FDCPA, please contact FTC at 877-353-4357 and file a complaint. They must also abide by the licensing requirement of the state they are conducting collection activities.

The complaint you submitted does not discuss validation or dispute of the debt. If the debt is not yours or you need validation, please send a certified letter to Vengroff pursuant to the FDCPA section 808.

As of today, I have not received any communications from Vengroff. They did 2 hard pulls on my CR back in Aug and Oct of 2011 (they probably feel justified, as there are 2 accounts in question).

I am thinking of disputing these inquiries (on an ongoing, monthly basis), though I am not sure it will get me anywhere.

Edited April 3, 2012 by scarab

[1stStep]

The letter just means we got a complaint, they're not licensed, but we haven't gotten enough complaints to warrant coming after them...

[scarab]

I think NV DFI sent Vengroff a letter saying they cannot collect on NV residents unless they get licensed in NV.

[1stStep]

That's about all they can do unless they get a number of complaints...

My guess is that you will not hear from them again, they don't want to risk being fined.

[scarab]

I don't understand why they simply don't just get licensed. The amount they are attempting to collect is substantial, and I am sure they have other accounts in NV.

I found lots of crappy CA's licensed (and not actually based) in NV like Midland, GC services, etc., so I am sure it can't be too difficult to get a NV license.

[Coltfan1972]

"However, all companies attemping to collect a debt must abide by the federal law Fair Deb Collection Practices Act"

Translation- Sue them.

[RockDaddy]

The letter from the Financial Institutes Devision is veiled as a suggestion to sue them.

I would, definitely. You've got the goods too.

[1stStep]

It sounds like a similar situation to Coltfan's - unlicensed activity and all...maybe read his threads...

[BV80]

According to NV law, a CA can apply for a certificate of registration in lieu of a license. It just limits their actions.

NRS 649.171 Certificate of registration; limitations on business practices; fees; disciplinary action; regulations.

1. A person who is not licensed in this State as a collection agency may apply to the Commissioner for a certificate of registration as a foreign collection agency.

Maybe your CA has a certificate of registration.