Anyone ever heard of Academy Collection Service? What a bunch of low life M@#*$R F*&^%$S! They had the balls to say we had no rights when asked why I didn't want them to call and my response was "because it's my right." They accused us of CC fraud. I have filed complaints with our state, and I have drafted a validation letter.
Ya know, Radio Shack sells a real cheap phone line tape recorder for about $49. Just be sure you ask the credit agency up front :"Is this call being recorded?" When they say "Yes", you have the ability to use the tape in court. The issue is not whether they know you're recording but whether they know that they're being recorded at all. If they know it's being recorded (only by them they think) they lose the rights to bitch about you recording them. When I have to call someone potentially adversarial, I just ask at the beginning:" Your message was interrupted saying "this call may be r...?", What's that?" They invariably reply "oh that's the recording that says this call may be recorded or monitored." I then say: "So, we're being recorded?" and they invariably say "yes". End of game for the "illegal recording defense".
Re: Collection Agency Harrassing us Another tool for my battle!! I love this sight! You are great. Here I come Radio Shack! Thank you
Re: Collection Agency Harrassing us I can't believe someone else is going through this! These people are so rude and they seem to get away with it. I have told them that I am recording them and they don't care. I asked if they knew anything about customer service and they said. You are not a customer! I wish I could take action against them. I can't even explain the anger I go through after they call. Any suggestions on what to do? I am a newbie here.
Re: Collection Agency Harrassing us The WORST thing you can do is to give them an audience. Forget your instincts, forget logic, forget your built-in desire to duke it out, forget trying to "win." Simply tell the caller "don't call me again" and hang up. Each and every time. They will eventually move on to what they believe will be more fertile grounds (read: other debtors). Remember, don't get suckered in to a conversation.
Re: Collection Agency Harrassing us man, thats a crock of sh**t!!! I hate that! Hang up on those morons! Or better yet....I read on another board.. top 10 reasons to tell CA when they call lol some of them were funny as hell...like 10. I can't really talk right now...I'm trying to manuever my 80-foot yacht into Newport Beach Harbor. 9. I can't write you a check. They won't let me use a pen or anything sharp in here. 8. You're going to put pickles and lettuce on my paycheck? 7. I'm surprised you're calling. I told my uncle Vinnie about you and he said it would all be taken care of. 6. Well, I'd send you a check, but you wouldn't believe how much it just cost me to have my Jaguar detailed! 5. Hey! This is your lucky day. I just won the lottery.................................NOT! 4. I can't send you money--do you take food stamps? 3. You: Hello? Them: This is Schmoe Collector... You: Please leave your name & number at the tone [phhhhhttttttt----airhorn blast].. 2. I'm glad you called. I'm looking for some self-starting management prospects for new network marketing opportunity, blah, blah, blah....... 1. Hey, you know, I'm like sitting down right now (grunt!) and, if you know what I mean, this isn't a (grunt!) good time for me, ya know, so (grunt!).......
Re: Collection Agency Harrassing us Not sure if you read the FDCPA or not, so don't be offended if you have already, but here's some applicable info. Take a look at the last one in particular: ------------------------- 805 c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. ----------------------------------- 806 A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ---------------------- 807 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: <snip> (7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
Re: Collection Agency Harrassing us Ten thousand commedians out of work and you guys have to crack jokes with bill collectors! I don't believe it. Absolutely amazing to say the least. I've posted at least half a dozen times what should be said and done on a phone call with a bill collector and why and yet we have commedians. Learn this and learn it good and it will serve you well. 1. FDCPA says that when a collector calls they must give full and meaningful disclosure of their identity and the reason for their call. Failure to do so is a violation and you can start building your evidence trail against them. So here is how to build that on them most of the time. Every time they call you ask them the following questions. 1. What is the name of the company you are calling for? 2. Are you recording or monitoring this call? 3. What is the company address? 4. What is their phone number? 5. What is the account number you are calling about? 6. What company owns the account? 7. What is your first name? 8.What is your last name? 9. What is your social security number? "Why do you want that?" "So that when I sue you I want to be sure I get the right person on the summons to court. And then write down whether or not they tell you that the call is from a debt collector and any information gained will be used for that purpose. If they don't that can be a violation too. Make them go through the process each and every time they call, even if they call every 5 minutes. I'll bet you don't get more than one or two calls out of any of them. Just remember that every move they make is likely to break some law or other. Its up to you to know the law and how to win. If you don't you lose. Its just that simple.
Re: Collection Agency Harrassing us seems like it would be a cake walk getting these clowns to run afoul of the FDCPA I bet one could go down the FDCPA and set them up to break every single item on it!
Re: Collection Agency Harrassing us Don't you ever believe that, Jason. It isn't a cake walk by any means. Part of the reason is that that in order to do that one has to not only know every nuance of the laws and he has to know and understand how the collectors think and act and react to different circumstances and situations. For instance, there are certain elements of the student loan laws that bill collectors often believe rub off on them by virtue of the fact that they work for student loan but such is not the case. So if you know those things then you can often catch them in subtle little traps. All of the letters I have authored have at least one or more traps built into them. Some of them are crosswired traps so that if they don't violate one part that will automatically trigger the second trap. By missing one they automatically fall into the second one. Damned if they do and damned if they don't. (LOL) Even the fact of keeping them on a tight time schedule helps trap them into making mistakes. They are hung before they even know what happened. But at the same time we must remember that FDCPA and FCRA were intended to be legal shields and not legal swords so we must be careful not to be seen as possibly using the laws as legal swords even though that may indeed be the case. No, Jason, it isn't a cake walk to say the least but neither is it all that difficult. No, I doubt you could do that either. I've done that long ago. Studied every aspect of the laws to see if I could find a way to build a trap out of each and every section of the law and haven't been able to get that job done yet. I've worked my feeble and evil brain half to death trying to do just that and I don't think I'll ever get good enough to discern a trap in each and every section of the law. Just to show you how devious I can get, here in Oklahoma they were talking about putting in a law that said that one could not smoke any tobacco product in any restaurant unless the restaurant owner had elected to go all smoking or had special high priced ventilation systems in place. Restaurant owners were going to be allowed to go all smoking, no smoking or put in the ventilation systems. Their choice. But if an owner decided to go non smoking one could not smoke a tobacco product in that restaurant. If the state received any complaint that anyone had lit up in such a restaurant the owner would be fined $100 for the first offense, $250 the second and so on. But if a patron filed a false complaint against the restaurant that patron would be fined the same amount the owner would have been fined if the report had been true. Now that had the makings of a trap par exellance. A better trap situation could not possibly have been built into a law. I instantly saw how to turn that law into a nightmare for anybody reporting a person smoking in a non-smoking restaurant. Too bad I never had the chance to spring the trap. The courts ruled the law unconstitutional. Now then, who can figure out the obvious trap in the law and how it could be used to terrorize those reporting anti-smoking violations. Let's have a bit of fun with that just to illustrate how the good devious mind can devise traps for the unwary to fall into. Should be fun and I'll end up revealing the trap. And I'll tell you right now I had about half a dozen restaurant owners wetting their shorts just waiting for that law to go into effect so they could be a participant in setting up the trap in their restaurants. They loved the idea.
Re: Collection Agency Harrassing us They say they don't care that their illegal actions are being recorded! Man, why can't I get that lucky!! I would record and file suit almost immediately. These A**holes would be paying my mortgage for the next several months! You really don't understand the leverage you have at your disposal right now. Tac
Re: Collection Agency Harrassing us That's right Tac. There are people out there dinging these collection agencies for hundreds of thousands of dollars, even millions for violations every few months. Not the same person over and over mind you but people all over the nation. Some in Oregon, Texas, California, Indiana, all over. Every month or so brings news of some new win, some of them for multi-million dollar awards, some for a lot less. So why not get a piece of the gravy train while the getting is good? It isn't going to last forever. Nothing ever does. Some people are doing happy dances because they got a few deletions by doing disputes with the credit bureaus while others are doing their happy dances because they just got wealthy off of some dumb collection agency. Which is better?
Re: Collection Agency Harrassing us Here's how I am approaching things, but I think everyone probably finds their own path: I'm assuming from the start that I am going to end up taking legal action. As soon as I think I've got enough on them, I'll be visiting the courthouse. I HAVE NOT GOTTEN TO THIS POINT YET, but I spend a lot of time combing the archives researching those who have successfully faced off with these folks in court. The common thread seems to be that they have a very firm grasp of the FCRA, FDCPA, FTC opinions and case law. And they seem to have no fear whatsoever of facing off with thier adversaries in a court room - to the point most seem to relish the very idea. Knowledge is power here
Re: Collection Agency Harrassing us That depends. It depends on what they did, how many violations, whether you want to actually go to court or would rather just settle for maybe they pay the bill they were trying to collect and take it off the credit reports or whether you want to do the hard study necessary to learn how to go for the big bucks or whether or not you can find a lawyer to take it for you. Personally, I'm not all that much into the idea of going for the big gold. I'd much rather just take an easy win by an out of court settlement than I had to go do the big fight. But I am well prepared to do just exactly that if necessary. So it depends on a whole lot of things. There aren't any cut and dried answers to your question.
Re: Collection Agency Harrassing us bill, I was refering to this particular CA who seems to be going out of their way to totaly scr*w themselves And you took my comment on setting a trap for every piece of the FDCPA a little too literaly
Re: Collection Agency Harrassing us Probably so. Forgive me. But that is almost exactly what I have done. Or at least tried to do.
Re: Collection Agency Harrassing us I have drafted a validation letter. Pete ================ What have you said in it that may foil your efforts? The END ************************* LB 59
