creonxxx Posted October 26, 2012 Report Share Posted October 26, 2012 Finally I'm getting a chance to sue. Got a call from Northland on behalf of Galaxy Asset for a debt over 9 years old. She did her routine mentioning last four numbers of social. Then added my address cause ya know thats suppose to freak me out She mentioned it was a call to collect a debt blah blah and then said this call may be recorded. I put the phone on speaker. Cranked up the volume. Had my ipod right there and started recording. I asked her who she was and what company she was calling on behalf and to please clarify if we were being recorded on her end and she said yes. Asked her if it bothered her cause it didn't bother me and she said no it didn't bother her. She then asked what was I going to do about this debt. I laughed and said What i'm going to do is tell you to tell me when the last payment was on this debt you say is mine. She mentioned my ss number again and then reluctantly mentioned last payment activity which was in June of 2003. I then asked how old is that? She said well, thats 9 years. I then asked.. So what does that mean? And she said.. "It means Nothing!" I said.. excuse me? and pointed out it means a whole lot to whoever had that debt that is now 9 years old and counting. She went silent. and I said... I think I may have just gotten an early christmas gift. Have a nice day.I am filing! I've been kicking myself for all the years i've put up with slop from all these collectors. So this is pretty much for all of it. Wish me luck! Link to comment Share on other sites More sharing options...
debate1000 Posted October 26, 2012 Report Share Posted October 26, 2012 what violation do you see here? Link to comment Share on other sites More sharing options...
creonxxx Posted October 26, 2012 Author Report Share Posted October 26, 2012 what violation do you see here? If I ask her what it means when a debt is 9 years old and she says it means nothing isn't she flat out lying about exactly what the law really states about that 9 year old debt?Don't tell me I can't sue. I've been drooling to nail just one of them. I purposefully sit my ipod by the phone Link to comment Share on other sites More sharing options...
creonxxx Posted October 26, 2012 Author Report Share Posted October 26, 2012 (edited) How about this.... § 807. False or misleading representations [15 USC 1692e]A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.(2) The false representation of --(A) the character, amount, or legal status of any debt;wouldn't this be a lie about "legal status" ???please say yes Edited October 26, 2012 by creonxxx Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 26, 2012 Report Share Posted October 26, 2012 If you read this board a lot you know I love to sue. However, I can't even stretch a violation out of that. Maybe, if you would have asked if the debt was past the statute of limitations and she said no, then you have them. But they are actually right (puke). They are trying to collect a debt and the fact it's nine years old really does mean nothing. IF they sue you on it then you have a affirmative defense and then a FDCPA violation. However, they try to collect on a fifty year old debt as long as they don't sue on it, or specifically tell you a lie about the legal status. The actual legal status of the debt has not changed on that call. It's still a legal debt allegedly owed by you and they are trying to collect on that debt. Sorry, you know I'd be jumping on the sue them now train. Now the good news. Next time ask them what is going to happen or what they are going to do if you don't pay the debt. I think you will then get your wish and will be able to sue them with some slam dunk violations. It's just not here on this one (again, puke). Link to comment Share on other sites More sharing options...
nascar Posted October 26, 2012 Report Share Posted October 26, 2012 Seems like the phone call may have been the initial communication. What is supposed to come next? What if it doesn't? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 26, 2012 Report Share Posted October 26, 2012 Seems like the phone call may have been the initial communication. It was. What is supposed to come next? Within five days a written statement of your rights under the FDCPA. What if it doesn't? They have violation 15 U.S.C. 1692g (a)(1)(2)(3)(4)(5). Did I pass? Link to comment Share on other sites More sharing options...
BV80 Posted October 26, 2012 Report Share Posted October 26, 2012 Just to follow up on the previous 2 posts:I don't see a violation in the phone call. The rep specifically stated, "It means Nothing!" That's not a threat. The rep didn't make any threats. She didn't threaten to sue or claim that they had a right to sue. However, you called them, and they talked to you about the debt. That might be considered an "initial communication". The only problem with a "might" is that it could be your word against theirs that the call was an initial communication. Link to comment Share on other sites More sharing options...
creonxxx Posted October 26, 2012 Author Report Share Posted October 26, 2012 crud! Well, I'm trying. ipod remains next to phone and the next call I'll word it differently. Thanks! Link to comment Share on other sites More sharing options...
Public Enemy Posted October 26, 2012 Report Share Posted October 26, 2012 Oh please Brer Fox, whatever you do, please don't throw me into the briar patch.Let them think you would be terrified if they were to sue you. Link to comment Share on other sites More sharing options...
1stStep Posted October 26, 2012 Report Share Posted October 26, 2012 Check your CR - make sure this didn't appear... if it did, then it would be re-aged and a nice FCRA and FDCPA violation. Link to comment Share on other sites More sharing options...
antiquedave Posted October 26, 2012 Report Share Posted October 26, 2012 Well they admitted last payment was in 2003 so if it gets reaged it is nice to have that recorded. I might have said in a trembly voice what are you going to do to me?second call tell them I dispute the debt3rd time maybe say I refuse to pay and see if they keep calling or not Link to comment Share on other sites More sharing options...
Flyingifr Posted October 27, 2012 Report Share Posted October 27, 2012 Creon - the bait fell off the hook in that phone call. When she said "it means nothing" you should have asked"and what will you do to force me to pay if I refuse to?" - then just listen for the word "sue" and you have your violation.Get her back on the phone. Link to comment Share on other sites More sharing options...
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