Jump to content

JDB threatens legal action on cell vm on OOS zombie debt. Violation?


ShinerBock
 Share

Recommended Posts

Alleged debt info:

 

Crap1 cc

DOLA either 2000 or 2001

OOS for both Texas and Louisiana and also time-barred for CRA reporting

 

 

Initial communication:

Mistakenly answer call from JDB. After finding out it was this particular (alleged) debt I told the rep that it was too old to place on credit report, that is was SOL, and that she called me on a cell phone and was not to call the number again. I also said since this was the initial communication that I would be expecting a dunning letter within 5 days and hung up.

 

(Note- It's been years since dealing with these types as I've kept my nose clean for 7 years and been a model little debtor. I understand that this is a he said/she said scenario. It's not about what you know, it's about what you can prove. Under normal circumstances I would never have given all that info but I'm a little rusty and was caught off-guard.)

 

The next day...

Receive a voicemail on my cell from JDB. The weird human/robo-call combo transcription is as follows:

 

<robot voice>    ShinerBock (insert real name here)

 

<human voice> I am contacting you from the process and summons division. I am calling to notify you that there will be 2 charges filed against you

                          in your county. Looks like fraudulent activity has been attached to your name and social security number.

 

<robot voice>  ShinerBock (insert real name here)

 

<human voice> I do need to make you aware of your legal rights to address your charges prior to them being filed against you. You will need to do so

                          before you receive your summons at your place of employment or home address. Once you're served, your rights will be forfeited.

                          Your case number is...

 

<robot voice>   XXXXXXXX

 

<human voice> Their telephone number is...

 

<robot voice>   (XXX) XXX-XXXX   (this number is the same one they called from when leaving this voicemail :roll: )

 

<human voice> You will need to speak to someone in their legal department.  ***End of message***

 

 

 

Normally I would just fire off a C&D and tell them to FOAD but two hours later I get an alert from equifax. These <insert ugly words here> did a hard pull and dropped my beautiful and hard won credit score below 700! :censored:

 

 

SO...

 

1) Is this a TCPA violation? Is this message threatening action that cannot be taken thus being a violation of the FDCPA as well?

          The OC was never given permission to contact my cell because when I became deliquent I had never owned a cell at that point! Also, I want to

          make VERY SURE that the threat is in no way ambiguous for us "least informed consumer" types.

 

2) Did they have PP to HP my CR?

          I know this area is a bit murky as they most certainly DO have PP as a CA but from my POV since the debt isn't valid they do not. Any new

          case law to back up my assumptions?

 

3) Where do I go from here?

          It's not enough to send a C&D. They invoked my wrath when they did a HP. A single action of $1000 will not be enough. I am in a

          one party state and I own sufficient recording devices. If you were me, how would you go about inflicting as much monetary damage as is

          legal and ethical in this situation?

 

Any and all forms of advice are encouraged. Thank you for taking the time to read all of this.

 

Shiner

Link to comment
Share on other sites

Was this call from the SAME JDB?  The reason I ask is the second call sounds like a scam.  I am wondering if the first one did the not permissible pull but the second call is simply a scammer that called at the same time?  

 

The second one REEKS of scam.  You do not forfeit rights once you are served with a lawsuit.  You get more rights.  Second:  the threat to serve you at home or work is also the line scammers use.  The time frame to "resolve it" before they file is another red flag. 

 

File a complaint against the one in the first call and who ever did the HP with the CFPB immediately.  I would work on getting this OFF my report before worrying about getting money.  Unless you have been denied credit as a result of the score drop you would not get more than the possible $1000.  Also trying to bait them to more violations may not get you any more money as they can ask the courts to combine them into one action and that limits you.  Put your energy where it will do the most good.

Link to comment
Share on other sites

@ShinerBock

 

Do you have their address?  Do you know for a fact that they are an existing JDB?  

 

Usually, when you get a call that you're being served, it's a scam.  A legitimate JDB or law firm would not make such a call.  They'd either send a letter telling you to contact them, or they'd just sue.

 

Thanks for replying so quickly! I really appreciate it.

 

I haven't received anything by mail. The only contact made is what I described above. Even if it is just a fishing expedition, the damage to my credit report is real.

Link to comment
Share on other sites

Was this call from the SAME JDB?  The reason I ask is the second call sounds like a scam.  I am wondering if the first one did the not permissible pull but the second call is simply a scammer that called at the same time?  

 

The HP was done by Dynamic Recovery Solutions. When the first call was made and I actually spoke to someone she only stated she was calling from DRS about a Cap1 card.

 

On the voicemail the case number they referred to began with C-A-P and then some numbers so I assumed (maybe wrongly) that it was for the cap1 card as well. It seems highly unlikely to get a call about the same zombie debt that I havent heard about in years two times in two days and it not be the same company but it's possible.

 

 

 

The second one REEKS of scam.  You do not forfeit rights once you are served with a lawsuit.  You get more rights.  Second:  the threat to serve you at home or work is also the line scammers use.  The time frame to "resolve it" before they file is another red flag. 

 

 

It's been a really long time since my credit repair days so maybe they were just nastier then but I didn't realize there are scammers out there who aren't affiliated with JDB and CAs. Is this a new thing trying to scam people into paying non-existent debt by pretending to be a CA? Wow. Truth is I've dealt with much worse than this voicemail. I'm looking at you, PRA and Midland.

 

 

 

File a complaint against the one in the first call and who ever did the HP with the CFPB immediately.  I would work on getting this OFF my report before worrying about getting money. 

 

I totally agree that my priority is getting the HP removed. I'm not quite sure how to go about yet since I've received no written correspondence as of yet.

Link to comment
Share on other sites

@ShinerBock

 

You're sure they did a hard pull that others can see?  I'm not trying to be difficult.  Some posters think any inquiry can be seen by others.

 

I don't think you're being difficult at all! It's hard to give helpful answers with the usually limited info posters give. I'm very thankful you guys are helping. As to your question, I have my credit monitored through myFico and I get alerts whenever anything on my Equifax report changes. It was definitely a hard pull because soft pulls do not lower your credit score. It was scored as though I was seeking credit.

Link to comment
Share on other sites

The HP was done by Dynamic Recovery Solutions. When the first call was made and I actually spoke to someone she only stated she was calling from DRS about a Cap1 card.

 

On the voicemail the case number they referred to began with C-A-P and then some numbers so I assumed (maybe wrongly) that it was for the cap1 card as well. It seems highly unlikely to get a call about the same zombie debt that I havent heard about in years two times in two days and it not be the same company but it's possible.

 

I totally agree that my priority is getting the HP removed. I'm not quite sure how to go about yet since I've received no written correspondence as of yet.

 

You don't need ANY correspondence to get the HP removed from all your credit reports.  File the complaint with the CFPB stating the debt is out of statute for reporting and for lawsuit therefore ANY hard pull on the credit was not permissible.  I got a HP from LVNV deleted from EX for the same reason.  If they cannot report it there is NO reason to pull your credit.  

 

It's been a really long time since my credit repair days so maybe they were just nastier then but I didn't realize there are scammers out there who aren't affiliated with JDB and CAs. Is this a new thing trying to scam people into paying non-existent debt by pretending to be a CA? Wow. Truth is I've dealt with much worse than this voicemail. I'm looking at you, PRA and Midland.

 

It is known as the payday loan scam.  They have branched out to other debts too though. 

 

http://www.nclnet.org/personal-finance/64-fraud/550-fake-payday-loans-plaguing-consumers  

http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors

 

Those are but two sites.  You can google for pages more if you are interested.

 

The threat is ALWAYS the same:  the file just landed on their desk, they are about to serve or arrest you, legal charges and/or fraud are involved with your social, HOWEVER, you can avoid all of this by calling by 2pm/4pm/what ever time today.  The amount you can pay to "settle" it is always approximately $400-$600.  The whole goal is to scare you into paying.  

 

Google the phone number from the second call.  Is it the same as the first?  Bet it came from a blocked or unknown number.  They work out of boiler rooms, use prepaid burner cell phones with spoofed numbers, and use mail drop boxes so you cannot serve them with a lawsuit.  They are breaking MANY laws but don't care because you can't find them.  They may not even be in the USA.  Consumer attorneys won't touch them because they know it is a waste of time.

 

Now back to Dynamic Recovery Solutions:  they are a REAL bottom feeder that specializes in zombie debt that has been sued many times.  Call this lawyer:  Mike Arguss 312-224-4695.  He apparently enjoys suing them and has a lot of success doing it.  I would speak to him before filing with the CFPB.  Once done with the lawyer and getting the HP removed I would report them to the South Carolina AG.  

Link to comment
Share on other sites

@ShinerBock

 

I've definitely heard of Dynamic Recovery Solutions.  That name has been mentioned more than once, and they DO exist.

 

1.  Did you give your cell number to the OC?

 

2.  Do you have proof of the content of their call?

 

3.  If the OC is reporting, what are they reporting as the date of first delinquency?

 

In regard to the hard pull, it could depend upon FCRA and FDCPA rulings from your courts as to whether a company in possession of an out-of-statute debt has permissible purpose to pull your CR because debt collection, in itself, is a permissible purpose.

Link to comment
Share on other sites

@Clydesmom - The CFPB wasn't around during my years of credit repair. I've googled and read a bit but could you tell me what purpose they serve to help consumers in regards to collection companies? I just keep seeing stuff about mortgages and real estate.

 

And thank you for the payday scam information. I googled the number from the voicemail but all it could tell me was that it is from a wireless company in Fargo, ND. It is not the same number that I was called from for the first call.

 

It's funny you mention Mike Arguss because when I was googling info on DRS his youtube video is on the first page of results. I contemplated sending him the info but I was waiting to see if I receive a dunn like I requested from the rep before the 5 days is up before doing anything else. While it is a violation if I don't receive it,  I know it would be impossible to prove they didn't actually send it to me. Just keeping tabs on it all.

 

@BV80 -

 

1) OC didn't have permission to call cell since I did not own my first one until after the card was sent to collections. Yes, the debt is THAT old.

 

2) The call was not recorded so it's a me vs. them scenario as to what was actually said. I took a screen shot of my call logs which shows phone number/date/time/duration of the call but that's the only proof I have that the call occurred.

 

3) There is no record of the debt whatsoever on any CRs. The OC TL fell of long ago and I have not had any attempts by a CA to input a TL in a long time as well. The only item that I know of concerning this particular (alleged) debt is the HP on equifax. I do not have a monitoring service for the other two bureaus so I have no idea if they HP'd them as well.

Link to comment
Share on other sites

@Clydesmom - The CFPB wasn't around during my years of credit repair. I've googled and read a bit but could you tell me what purpose they serve to help consumers in regards to collection companies? I just keep seeing stuff about mortgages and real estate.

 

And thank you for the payday scam information. I googled the number from the voicemail but all it could tell me was that it is from a wireless company in Fargo, ND. It is not the same number that I was called from for the first call.

 

It's funny you mention Mike Arguss because when I was googling info on DRS his youtube video is on the first page of results. I contemplated sending him the info but I was waiting to see if I receive a dunn like I requested from the rep before the 5 days is up before doing anything else. While it is a violation if I don't receive it,  I know it would be impossible to prove they didn't actually send it to me. Just keeping tabs on it all.

 

@BV80 -

 

1) OC didn't have permission to call cell since I did not own my first one until after the card was sent to collections. Yes, the debt is THAT old.

 

2) The call was not recorded so it's a me vs. them scenario as to what was actually said. I took a screen shot of my call logs which shows phone number/date/time/duration of the call but that's the only proof I have that the call occurred.

 

3) There is no record of the debt whatsoever on any CRs. The OC TL fell of long ago and I have not had any attempts by a CA to input a TL in a long time as well. The only item that I know of concerning this particular (alleged) debt is the HP on equifax. I do not have a monitoring service for the other two bureaus so I have no idea if they HP'd them as well.

 

Call number two is from scammers like the ones in the link.  They may have actually phished your Cap1 information from that old account but it IS a scam.  They are not in North Dakota and the number is probably spoofed.  They will call back in 10 days and try again.  If it were me I would have fun with them.  I get these a couple times per year.  Sometimes I tell them I will meet them at the jail.  Another favorite is "please go ahead and serve me I am home now."  They never show up.  Darn it.  I have told them I WANT to go to court.  Never happens.  

 

The goal is to identify the suckers who will pay.  If you did pay your name goes on that list.  They wait 3-4 months and then call from a new company alleging another debt.  I would warn friends and family that you have been targeted by scammers because they will call them next hoping they panic and pay or you get angry and pay to make them go away.

 

CFPB handles all issues between consumers and creditors, debt collectors, junk debt buyers etc.  Start with Mike Arguss.  According to some people who he has represented they didn't need any documents for him to succeed.  He will tell you on the phone if there is a case and if not what to do about your situation.  He has great reviews and ratings and not only could that HP disappear but these clowns could be sending you a check.  

Link to comment
Share on other sites

Get a recorder and get proof. Bait them on. They are located in SC file a complaint with the SC dept. of Consumer Affairs. Fire an unknown debt DV to DRS company headquarters in SC. Mention the illegal hard pull and let them know you are alos firing a complaint to the SCDCA.

 

This is a nasty company but, they do fold when threatened.

Link to comment
Share on other sites

Call number two is from scammers like the ones in the link.  They may have actually phished your Cap1 information from that old account but it IS a scam.  They are not in North Dakota and the number is probably spoofed.  They will call back in 10 days and try again.  If it were me I would have fun with them.  I get these a couple times per year.  Sometimes I tell them I will meet them at the jail.  Another favorite is "please go ahead and serve me I am home now."  They never show up.  Darn it.  I have told them I WANT to go to court.  Never happens.  

 

The goal is to identify the suckers who will pay.  If you did pay your name goes on that list.  They wait 3-4 months and then call from a new company alleging another debt.  I would warn friends and family that you have been targeted by scammers because they will call them next hoping they panic and pay or you get angry and pay to make them go away.

 

CFPB handles all issues between consumers and creditors, debt collectors, junk debt buyers etc.  Start with Mike Arguss.  According to some people who he has represented they didn't need any documents for him to succeed.  He will tell you on the phone if there is a case and if not what to do about your situation.  He has great reviews and ratings and not only could that HP disappear but these clowns could be sending you a check.  

 

I can't begin to tell you how much I appreciate all this info and the time it takes to type out thoughtful answers. After all this time I am still learning so much and I thank you.

 

I know it may seem from my first post that I am just out to make a quick buck by baiting these clowns but I promise you that's not the case. If you only knew the history behind my rage you would understand why I feel personally obligated to make them suffer for each and every misdeed. If I only knew then what I know now...

Link to comment
Share on other sites

Get a recorder and get proof. Bait them on. They are located in SC file a complaint with the SC dept. of Consumer Affairs. Fire an unknown debt DV to DRS company headquarters in SC. Mention the illegal hard pull and let them know you are alos firing a complaint to the SCDCA.

 

This is a nasty company but, they do fold when threatened.

 

Thank you for your reply, @Credithis. I've had a few days to mull over my plan of action. First, I am going to wait for the dunning notice that I am supposed to receive within 5 days of their initial communication. The deadline is Monday. If that doesn't happen I am going to call them and during the taped conversation casually mention not having received anything in the mail since their first call and see if I can get them to admit it wasn't sent. It may be a long shot but normally all I have to do is let them talk and they shoot themselves in the foot...no baiting required. I love your suggestion about the SCDCA. I'm going to leave that until last so as not to alert them of my intentions. They need enough rope to hang themselves.

 

If there is anything that looks wrong about this plan of attack I'd more than willing to listen to any and all suggestions.

 

Thanks again everyone for the help!

Link to comment
Share on other sites

I can't begin to tell you how much I appreciate all this info and the time it takes to type out thoughtful answers. After all this time I am still learning so much and I thank you.

 

I know it may seem from my first post that I am just out to make a quick buck by baiting these clowns but I promise you that's not the case. If you only knew the history behind my rage you would understand why I feel personally obligated to make them suffer for each and every misdeed. If I only knew then what I know now...

 

You never seemed like the quick buck type like Credithis.  I do not suggest dragging this out and baiting them.  In order to collect more than a thousand or maybe two you would have to live with that HP and bad credit far longer than  you should.  Simply call Mike Arguss in the morning and ask him what the best course of action is.  Because he has dealt with them A LOT he will give you solid advice.

 

Glad I could help.

Link to comment
Share on other sites

Clydesmom, You don't know me. I've seen your posts. I'm like a few others here that don't want to get involved with you period. I don't want him to sue off the bat, I want the OP to have enough evidence in his back pocket to make them back down on their own.

 

Now, back off, and don't refer to me or my posts and I'll reciprocate.

Link to comment
Share on other sites

If you will please note, I offered a cease fire. I wanted her to know I won't take personal snipes. She is well known on other boards for attacking forums such as Why Chats medical section on Creditboards. She had to be 'moderated' on more than one occasion.

 

I simply wanted her to know I don't want to spar with her. i don't want to get drawn into it.

 

 

Now, back off, and don't refer to me or my posts and I'll reciprocate.

Link to comment
Share on other sites

If you will please note, I offered a cease fire. I wanted her to know I won't take personal snipes. She is well known on other boards for attacking forums such as Why Chats medical section on Creditboards. She had to be 'moderated' on more than one occasion.

 

 

Good grief the "WhyChat" issue AGAIN. SO not worth the time.

Link to comment
Share on other sites

Lets understand that not every member on this board is one that goes running for the courts right away.

In this case, there is not an assurance that the organization leaving the voice mail is the same organization the OP originally talked to. They could be separate and if so, most of the organizations leaving voice mails like that are very hard to trace to serve in a lawsuit and even if you get a judgement, they simply disappear with no assets before you can collect.

Link to comment
Share on other sites

i dont know what you are waiting for, i would have been at the courthouse filing my lawsuit if that was left on my cell phone. 

 

Against who?  The second phone call did not come from the JDB in South Carolina.  A phone search revealed it was from a wireless number in South Dakota which means it is likely spoofed and it is nothing more than amazing coincidence that a scammer called at the exact same time as this zombie debt raising its head.

 

If this second call really is the payday loan/credit scam then finding them to serve them will be virtually impossible.  Chances are good they are not even in the USA. Even if you do find them and get them served they simply fold up the tents, move to another state, and open under a brand new business name and start again.  The address they register with are mail drop boxes.  Consumer attorneys won't even waste time chasing them.  

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...