Orion Posted July 30, 2008 Report Share Posted July 30, 2008 no just really really smart! truth is, damn near everyone you know whos ever been contected by a bill collector could probably sue for some type of violation, but they dont have the gumption or the knowledge to do so. eli does. bravo. Quote Link to comment Share on other sites More sharing options...
Drewhop Posted July 30, 2008 Report Share Posted July 30, 2008 Glad to see someone sticking it to the shady side of debt collection. Quote Link to comment Share on other sites More sharing options...
88lx5oh Posted July 30, 2008 Report Share Posted July 30, 2008 haha i heart putty's avatar lol... amazing she doesnt care you have that up there. my wife oesnt care either, put man thats alot of pics scrolling Quote Link to comment Share on other sites More sharing options...
Science Abuse Posted July 30, 2008 Report Share Posted July 30, 2008 Let me know if you would like to know more. Did you do something like this? Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 30, 2008 Author Report Share Posted July 30, 2008 Do you mind sharing part of the fair debt collection act they broke? Evan is correct; the majority of violations were after the cease and desist. Since this is fraudulent debt, I also consider the amount of debt to be incorrect, which is also a violation. They failed to validate after a letter I sent demanded validation. They continued to attempt collection after failure to validate. I have a recording of one of their collection agents telling me that the original creditor on every document they sent me was incorrect. With that recording, it added an easily documented 6 violations to the number I already had. I also had a recording of a lady saying (as she was reading her notes) "The reason we are calling you is...because you said you wanted no more calls...Can you hang on a second?" Quote Link to comment Share on other sites More sharing options...
Akula Posted July 30, 2008 Report Share Posted July 30, 2008 I like it. I like it, alot. I for the last 3 weeks I have been getting phone calls from the same number. Phone rings, I can hear a call center in the background, no one there. Someone on an auto-dialer didn't log out when they went on break. anyway, every day for 3 weeks, around the same time. finally a person on the other end of the line. I answer. "Hello and thank you for calling me regarding my current craigslist posting for bed linens" the dude on the other end "this is ryan with FOP..." I interrupt "No, this is Akula, with the linens for sale" the dude "er, um, I was calling..." "for the linens right? they are 600 thread count southern US cotton, gold in color..." CLICK Haven't heard back. Quote Link to comment Share on other sites More sharing options...
D-Ramey1647545523 Posted July 30, 2008 Report Share Posted July 30, 2008 Last September I received a call from a debt collector demanding payment in full for a $1033 debt from 2000. After the call they sent the following letter (click for big): http://www.perryjoshua.com/Exchange/CAsm.jpg Today I received a check from them for $871. Let me know if you would like to know more. [/quote please do tell me..lol how do you know when they break the law? because they call me atleast 2 times a day.i agued with one guy for about 20 minutes about my account and he wuz asking me were am i going to get the money, and how an when can i pay it like really personal shit. then like a week after i talked to the fucker he called and left me a message like danny this is steve im sure u rember me u need to call me back so we can get this takin care of....lol the shit gets on my nerves ill pay the shit when i get the exstra money but they dont have to call u everday. so i hope u can help me because im tired of gettting phone calls everday and id let to get them to pay for it..lol Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 30, 2008 Author Report Share Posted July 30, 2008 My advice for anyone in this thread who has problems to document everything, and also buy a phone recorder. Mine was $75, but Portfolio Recovery Associates just paid me back for it. Study the FDCPA, and do everything you need to to ensure the opposing party is the only one breaking the law. One thing that works well is to use your ability to sue as leverage to settle for a lower amount. Quote Link to comment Share on other sites More sharing options...
evan9381 Posted July 30, 2008 Report Share Posted July 30, 2008 Last September I received a call from a debt collector demanding payment in full for a $1033 debt from 2000. After the call they sent the following letter (click for big): http://www.perryjoshua.com/Exchange/CAsm.jpg Today I received a check from them for $871. Let me know if you would like to know more. [/quote please do tell me..lol how do you know when they break the law? because they call me atleast 2 times a day.i agued with one guy for about 20 minutes about my account and he wuz asking me were am i going to get the money, and how an when can i pay it like really personal shit. then like a week after i talked to the fucker he called and left me a message like danny this is steve im sure u rember me u need to call me back so we can get this takin care of....lol the shit gets on my nerves ill pay the shit when i get the exstra money but they dont have to call u everday. so i hope u can help me because im tired of gettting phone calls everday and id let to get them to pay for it..lol if its a legitimate debt, which it sounds like because you said "ill pay the shit when i get the extra money", they can call you every day, and its not illegal. i can only make 1 contact with you per day, unless you give me the ok to call back...ie, i talk to you, you say you need to get your credit card number from home, call me back at 7pm. you're not going to get jack shit because they call you every day...just a headache. since you owe the debt, man the fuck up and pay it, and quit bitching...you're the kind of debtor i wish i could reach through the phone and choke the fuck out of. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted July 31, 2008 Report Share Posted July 31, 2008 My advice for anyone in this thread who has problems to document everything, and also buy a phone recorder. Mine was $75, but Portfolio Recovery Associates just paid me back for it. Study the FDCPA, and do everything you need to to ensure the opposing party is the only one breaking the law. One thing that works well is to use your ability to sue as leverage to settle for a lower amount. Hats off to you sir. Do I understand that you filed that in small claims? I have used small claims on many occasions to sue individuals and corporations. I have been under the impression that small claims could only be used for actual damages not punitive. Did the court count the damages as actual or punitive? Or did my law skillz fail me. I have had similar situations as you have, just have never pursued it. Quote Link to comment Share on other sites More sharing options...
Rustlestiltskin Posted July 31, 2008 Report Share Posted July 31, 2008 Actually, yes. I let them break the law and recorded every time they did it; either by copying every document sent between us, or recording every phone conversation that we had. Once they had racked up several violations, I filed a complaint with the Attorney General of Ohio. My complaint demanded that the debt be wiped out (in writing) and confirmation that the debt not be sold or given to any other debt collection agency for collection. I also demanded statutory damages for violation of FDCPA. They gave me everything but the money, and stated in their letter that they denied any allegations of illegal tactics. I filed my lawsuit the same day I received that letter, seeking statutory damages under FDCPA. Once I had filed my lawsuit I negotiated with their lawyer (If you file a suit in small claims court, a corporation MUST hire counsel; they are not allowed to represent themselves) for settlement. They attempted to settle for half of what my judgment would have been, but I negotiated 80%. They hired their counsel the day before our trial. Had they not shown up I would have asked for a restraining order against the company (since they attempted to collect after cease and desist, and also after their letter stating they would not attempt to collect), and I also would have sued the company that issues their bond allowing them to be licensed to collect. I would also enforce my judgment with a garnishment of their wages. I did not hire an attorney. I handled this entire case Pro Se. Sounds like a whole lotta work for $871 but more power to ya for puttin it to fraud ppl Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 31, 2008 Author Report Share Posted July 31, 2008 Rick, we never went to court. The defense attorney's job was to prevent that from happening. Paul, it really wasn't that much work. Also, for me it was the principal. In addition to the money they paid to me, they also had several thousand dollars in legal fees. That is a plus for me, cause fuck them. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted July 31, 2008 Report Share Posted July 31, 2008 Rick, we never went to court. The defense attorney's job was to prevent that from happening. Paul, it really wasn't that much work. Also, for me it was the principal. In addition to the money they paid to me, they also had several thousand dollars in legal fees. That is a plus for me, cause fuck them. So did you file Common Pleas or Small Claims? Quote Link to comment Share on other sites More sharing options...
Mensan Posted July 31, 2008 Author Report Share Posted July 31, 2008 Small claims. From what I understand, you may claim statutory damages there. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted July 31, 2008 Report Share Posted July 31, 2008 Small claims. From what I understand, you may claim statutory damages there. I see.... I was thinking of that as punitive damages not statutory damages. Good information to know. thanks Quote Link to comment Share on other sites More sharing options...
Miller Posted July 31, 2008 Report Share Posted July 31, 2008 Mensan you deserve a bow down smiley right here[ ] I'm working on doing similar things with my school loans and credit card. Quote Link to comment Share on other sites More sharing options...
evan9381 Posted July 31, 2008 Report Share Posted July 31, 2008 too bad you cant get out of student loans. from what i understand, you cant even file bankruptcy on them if you have a credit card though, depending on how far behind you are on it, and if its written off or not, you may be able to settle out the account for less than what you owe. if you're a few months behind, they may have some programs available where you can pay an amount (maybe a little higher than what your minimum payments are) for a few months, and they will bring your account back to current. again, if its a legitimate debt, you're probably not going to get out of it unless you get a completely retarded collector. i know what my job/duties are, and im not going to fuck up my job by calling someone after getting a C&D, harassing them, etc. some places will request a C&D in writing, if its a home number...a simple "dont call me" wont be sufficient. it has to be in writing. what you're seeing above is from a fraudulent account, and they could not prove it was a valid debt, which is how he got a case i may actually be suing my auto insurance company soon for claiming that they have a discount program through a 3rd party company, to discount my medical bills to my chiropracter. they're not aware that the Dr. i'm going to is the office my mom works for, and the doc is very aware of whats going on. they have until this past monday i believe to get a copy of the contract the doc supposedly signed saying he's going to take discounts for PI cases, which he said he's 99% sure he doesnt have. should be good Quote Link to comment Share on other sites More sharing options...
Orion Posted July 31, 2008 Report Share Posted July 31, 2008 Sounds like a whole lotta work for $871 but more power to ya for puttin it to fraud ppl as mensan already stated, it was way more than 871 bones. in the numbers presented here, it was actually around 1900 bones (from negative 1033, to positive 871), not to mention what having a collections account on his credit would cost him in the long run on interest for things he buys, or even his ability to obtain financing. Quote Link to comment Share on other sites More sharing options...
jeffmeden Posted July 31, 2008 Report Share Posted July 31, 2008 it was actually around 1900 bones (from negative 1033, to positive 871) Just so there's no confusion, Eli didn't actually owe them anything, it was fraudulent debt (either by identity theft or outright creditor fraud.) For anyone who runs into this sort of thing but doesn't want to work to the extent Eli did, simply ask for written proof of the debt. If they can't provide documentation for you personally having agreed, they have no case and will likely bugger off and harass someone else. Note that this only works for *fraudulent debt*. Quote Link to comment Share on other sites More sharing options...
Orion Posted July 31, 2008 Report Share Posted July 31, 2008 Just so there's no confusion, Eli didn't actually owe them anything, it was fraudulent debt credit does not work like the law. as far as the credit bureau's are concerned, you are guilty until proven innocent. you trying to tell me that if eli did nothing that his credit would not have been affected? Quote Link to comment Share on other sites More sharing options...
jeffmeden Posted July 31, 2008 Report Share Posted July 31, 2008 credit does not work like the law. as far as the credit bureau's are concerned, you are guilty until proven innocent. you trying to tell me that if eli did nothing that his credit would not have been affected? It may have affected it but there is a "relatively" simple process to petition the credit agencies to remove erroneous information from your record (erroneous being that which no solid evidence can support.) I was more directly referring to the suggestion that Eli actually 'made' $1900 from his endeavor, which is incorrect. The debt was never actually owed by him so he gained only the value of the settlement they paid him (and a truckload of satisfaction, no doubt.) Quote Link to comment Share on other sites More sharing options...
Orion Posted August 1, 2008 Report Share Posted August 1, 2008 perhaps i am biased, but that same "relatively" simple process has taken me 11 years to seperate my fathers credit from my own. for the record, its not done yet. Quote Link to comment Share on other sites More sharing options...
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