cbaker2012

URS (United Recovery Systems) Risk Management

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This morning at 8:44am I received a call from 217-717-8200 (I am in Illinois... it shows this number is calling from the Springfield area.) A Renee Spencer stated that she was calling from URS Risk Management in regards to a "default and disclosure statement" against my name and social security number. She stated that a complaint had been filed for "inticipatory breach of contract for frauding a financial instution" and that myself or my legal representation would need to "contact the firm" at 1-855-546-8984.

 

I called the number back to find out exactly what they wanted, and spoke to a Daniel Morlan who gave me another number to contact at 1-855-974-6538. He told me the reason they were calling was that their client, PDL Ventures, had turned my account over to them to collect for money I owed. PDL Ventures is an online payday loan company, and in 2009 I had several online payday loans. I got so far behind in all of them that I ended up closing my bank account and dealing with the backlash as companies contacted me.

 

PDL Ventures sounds familiar to me, I'm not denying or validating the debt, and if I owe it, I will take care of what I owe. My issue is I have no idea if I have actually paid this debt or not, being that it is 5 years old, and the original loan amount would have been for $300-$325 and they are now stating that due to fees and interest, I owe close to $700. Obviously they said they are willing to settle with me for two payments of $250, which would still be $200 over what I originally took out the loan for.

 

I cannot find any information on PDL Ventures to contact them directly and find out what I owe (if I owe anything). My email address and physical address have changed a couple of times during the last five years, however my phone number has been the same. I have not received anything in the mail from PDL or from URS regarding this debt.

 

. Should I send a debt validation letter, certified mail, return receipt requested? Should I send a cease and desist? I've gotten smarter about dealing with CA over the years, although I luckily haven't had to deal with an issue like this for quite some time. I won't fall prey to their scare tactics of trying to sue me or file legal charges, but I also take it seriously so I won't be brushing it off and doing nothing about it.

 

They have now called me three times today since 8am.

 

Please advise on how to handle this collection agency and how to proceed in getting this taken care of. Thank you in advance and HAPPY NEW YEAR :)

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This could also be a gigantic scam and being asked to call another number is a huge red flag for me.  This statement also reeks of fraud:

 

"She stated that a complaint had been filed for "inticipatory breach of contract for frauding a financial instution"

 

Anticipatory?  Puhlease.  If this loan is five years old and you didn't pay it then the breach has already happened they aren't anticipating anything.  

 

If it were me I would send the DV and then a week later send a cease and desist letter to them.  Odds on them pursuing it are slim to none.  Especially if they are not reporting on your CR.  Who cares then?

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Thank you all for the advice.

 

@BV80 - I believe I have heard from them before, just because the name sounded familiar. However, I don't recall receiving anything in writing from them. Anytime I receive anything in the mail, I validate it and then do what I need to do to take care of it. Since my pdl mess in 2009, I've kept very detailed records of who I pay and what the payment is for and I have no information for them in my file cabinet.

 

@fisthardcheese - I am in Illinois.

 

@willingtocope - I've done a ton of Google searches today for both PDL ventures as well as URS. I'm getting a variety of information, but that information also includes many phone numbers and different addresses. I'm at work so I haven't been able to follow up on any of the phone numbers to see if they are legit. I also noticed on one website that PDL Ventures goes by a string of various other names.

 

@Clydesmom - Yes, the asked me to call an 855 number but called me from a local number. The woman that left me the message and the man I spoke to both gave me 855 numbers but the numbers were different. Since posting this they have called me from the 217 area code at least 5 more times. I blocked the number on my cell phone. It sounded fishy to me as well, but I wanted to ask around to be sure. I'm not about to be scammed. It is not reporting on my credit file.

 

I just didn't think I would be dealing with this five years later, however it is my own fault for getting into this mess.

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@cbaker2012

 

If this was their first contact with you, the phone call made to you this morning was an initial communication under the FDCPA.  Therefore, according to 1692g(a), within 5 days, they would have to send you a written notice containing the following:

 

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

 

 

If it were me, I'd wait at least 5 days before sending a DV request just to see if they comply with the law.  Again, this is assuming they've never contacted you before.

 

In regard to the SOL, I believe that the IL SOL for unwritten contracts or account stated is 5 years.  A written contract is 10 years.

 

She said a a complaint had been filed for "inticipatory breach of contract for frauding a financial instution".   I think you meant "anticipatory". 

 

Anyway, have you checked with your court to see if a complaint has been filed against you?   Did you save her message?

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@BV80 - I didn't check with my courts to see if anything had been filed. It is "anticipatory"... I was writting down what she was saying during the message and I am not familiar with legal jaron so that's the best I could do :) 

 

Honestly, now that I think about it, I believe I did receive something in the mail from them about a month ago. Sorry- I just remembered! I had filed it away to check on it but with the end of the semester and starting a new job, I forgot.

 

If they did send me something and the debt is legal and valid, should I pay the CA or the originally debt? I usually try to always pay the original creditor if possible. I'm not one to bow down to collection agencies.

 

Again, thanks for all of your advice!!!

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I'm with @Clydesmom about this being a scam.  That being said however, I have heard of URS before and I think they even handled one of my wife's cards on behalf of a JDB.  Given that, I would immediately look into a consumer attorney.  I see at least 1 glaring FDCPA violation based on what you've said.  Let me make sure I follow the chain of events correctly:

 

12/31/14 8:44 am - you get a voicemail that discloses details about a debt and legal action.  Was there a "this message is for blah, if you are not blah, do not listen to this message."? (Foti requirement)  Was there a mini-miranda warning? "this is an attempt to collect a debt blah blah blah" (FDCPA requirement)

 

12/31/14 - You return this message and have a conversation with an agent about this debt.

 

12/31/14 between then & the time of your posting you recieved 3 additional calls from them on this?

 

If that's correct then they violated the FDCPA which only allows 1 verified contact with disclosure per day UNLESS given verbal/written permission by the consumer to be contacted again the same day.  This includes attempts, i.e. once they've talked to you, they're done for the day unless you gave permission otherwise.

 

(BTW, Clydesmom, I am a former 3rd party collector.  Former as of mid-2014.  However, I lived & breathed the FDCPA & collection law for 5+ years and even taught it for 1 of those years.)

 

I also a possible violation in that that voicemail seems to imply that a complaint has been filed.  I would take that as to being a statement that you've been sued.  If they have then sued then no violation but if they have NOT then that would be a false & misleading statement.  FDCPA violation.  That's just my opinion though.

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@Rogue198 There was nothing stating that if I wasn't this person then to not listen to the message. It started out with "This Message is intended for (my name) and the agents name and then URS Risk management. She then goes onto say that this is a notice of a default of discloure statement filed against my name and social security number and they are trying to obtain a voluntary statement of intent against a complaint of anticipatory breach of contract for defrauding a federal financial institution. They are requesting that either myself or my legal representation contact the firm and that these matters are falling under the jurisdiction of (my county).

 

When I called the number back, and spoke with Daniel Morlan, I told him I was at work and would be there the remainder of the day and that I needed to know what this was about so that I could take care of it. He told me the information from PDL ventures and then three more times that day I received phone calls and one other voicemail from him contacting me from the 217-717-8200 number. I blocked the number on my cell phone and haven't received any calls from any other numbers so far, however this did happen on New Years Eve and with yesterday being the holiday, I'm sure they weren't open.

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@Rogue198 I would need to check with an attorney to represent me against them, or to file a complaint against them for violating FDCP? Sorry, I have no idea about any of this legal matters.

 

Probably both, more than likely they would rep in your defense & countersue, get the case moved to federal & try and settle out with them for damages to you & attorney fees to them.  That's if they have sued you, if they haven't, then it would just be your case against them.  Make sure you save those messages and document everything that happened/said while it's still fresh in your memory.  If you can also get some proof of the calls anything you can take to the attorney to bolster your case.

 

Keep in mind though, this advice is based off my opinion based off what you've said.

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@Rogue198 @BV80 @willingtocope

 

I called 1-855-974-6538 this morning at 938am. I asked for Daniel Morland. He remembers our conversation from Wednesday, said the could set up a settlement on the account. I explained to him that I needed documentation in writing of this debt and that I wanted it sent via mail- not email or fax. I asked if I was being sued- he said they had me in breach of contract but URS was contracted to settle the debt.

 

 I asked for the information on the original creditor, which he told me was PDL Ventures, and I asked for their contact informtion, such as a telephone number or address. He said that all contracts and negotiations go through their firm  and he wouldn't give me the information for PDL ventures. He said the principle balance I currently owe is $625, he didn't have an original loan amount but "assumed" it was around $300 or $400.

 

I asked him how soon I would receive the documentation and he said between 5-10 business days. I told him that would be fine, and that I would be in touch with them once I received the letter. He seemed satisifed with that, although he did tell me that any settlement offer would have to be set up today, and I told him that I wasn't setting up any kind of payment until I had documenation of the debt.

 

Thanks for all of your help.

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@cbaker2012 ... as a general rule, its never a good idea to talk with a CA on the phone unless you're recording the conversation.  They either give you half truths or outright lie...its the basis for their business model.

 

You were wise not to agree to anything...now...sit back and wait for a letter.  Chances are, if they do send you anything, it will just be the name of the OC and the amount they say you owe...not really "proof" you owe them anything.

 

If it were me, I'd respond with a cease and desist letter.  The payday loan people are crooked to begin with and its unlikely their CA is legitimate.  This is quite possibly a scam.

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By law, they are allowed one more contact with you after they receive your C&D...to tell you what their intentions are.  Chances are very good you won't hear from them at all.  If the debt is legit (and they can prove it), they may sue...unlikely for such a small amount.  Or, they may just sell the right to collect to a JDB...unlikely if this is a scam.

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@cbaker2012

 

 

@Rogue198 how do I find out if there is a case against me? call my county courthouse? Wouldn't they have to send me something in writing? I've checked our county judici page and cannot find anything under my name other than my two traffic tickets.

 

I have never heard of an "anticipatory breach of contract", but I'm not an attorney.  What I'm focusing on is the word "filed".  She said a complaint had been filed.

 

Hopefully, you saved the voicemail.  If so, I would contact a consumer attorney and explain your situation.  Tell him/her that you have a voicemail in which the caller stated that a complaint had been filed for anticipatory breach of contract.  Then explain that there is no complain on file with the court in your name.

 

Who knows?  You may have an FDCPA complaint against the debt collector.

 

Try http://www.consumeradvocates.org/  to see if there's a NACA attorney in your area.   You can also contact your state bar assocation and ask for their lawyer referral service.  Some attorneys may provide a free consultation while others will provide it at a discounted rate. 

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