I received a call from an attorney's office today. The rep began the convo by offering a settlement of 50% of my Prov VISA balance which they say stands at $2931.00. I told them I was mailing a letter requestion validation and that I might be willing to work with them once all aspects of validation were provided as I have requested. That's when she got ugly and said there was already a court docket number. So I countered back asking for the docket number. She then wanted to know why I wanted it? I said because if you're taking me to court then I need to know where and when to show up, don't I? She back peddalled and accused me of not wanting to pay my debt- I told her it is well past SOL. I told her I have spoken with three diff. members of her firm and all give me varying dates of last payment. GA law also seems to require that the date of last payment doesn't count- SOL actually begins with the date of charge off. Anyway- I'm certain they can't provide proof of a payment in 2004. I think my last payment was 2003 and I'm obtaining my bank records to be sure. My question: what was her purpose? To frighten me into paying? And is it legal to tell a consumer there is a court docket when there isn't one? Thanks-
Yes, the purpose was to frighten you into paying. If they're going to sue, telling you there was a court docket might be legal. If they are threatening an action they don't intend to take, then it is illegal.
No, Not Fred Hanna...Trauner... The firm is Trauner, Cohen and Thomas, Atlanta, GA. I found out thru other blogs that this firm is on the notorious list for deceptive and illegal collection tactics. Their rep called me the other day and threatened me saying they already have a court docket number. (This first rep who called screamed at me and hung up. ) Of course this is total bs- and I called her on it. I plan to purchase a recorder bc/ recording phone calls is legal in Georgia and I will tell them when they call that I am recording their conversation. Plus, I mailed a demand for v. letter with my current address on it just in case they attempt to take me to court and serve me at an old address. I understand that some ca's use this sleazy practive as well. I would love to sue these guys- any thoughts on how to begin that process? thansk-
Read the FDCPA & FCRA. Sign up for PACER so you can review similar cases Keep detailed notes, copies of correspondence, recordings, etc. Send all mail in writing and CMRRR Let them pay out the rope so you can hang them with it.
They are required to send you a letter within five days of your conversation with you detailing your rights.
Surely they will say that they never said they were going to sue or that there was a "docket number". Is her state one party or two, a recording of these bad behaviors would certainly help.
