has anyone had any experience with this collection agency, who specializes predominantly in educational loan collections. I hooked into the most fraudulent collector on the planet, who uses the name of "Joe Woods." Which I'm sure is not his real name who would call three and four times every day to my girlfriend's house and verbally abused her. Even after we asked for validation of the debt and the cease-and-desist of all contact. We receive no validation, and he continued to call in the month of March alone. He called in excess of 46 times. In the State of Oregon. Only one party needs to consent to recording a phone call and we consented. Not only that, but there's no requirement to inform the other party that the call is being recorded. I don't know whether I can post any MP3s of the recording or not, while the case is hot. She (girlfriend - alleged debtor) fired off a letter to the Attorney General and to ERS Inc. and received a curt reply from their legal counsel. The firm of Dewey cheat them and how just kidding, Connolly- McGivney in Chicago, denying everything including that there was no possibility that their collector could have violated federal law. I can't wait to ambush these chuckle heads let me know if you want to see a copy of the complaint, which I can post and also if it's appropriate, one of the recordings of this yutz while he explains to my girlfriend how she needs to "get her shit together" and how she should "sell something hahaha" to get the money. He was requesting. If anybody has had any contact of this nature with either ERS Inc. or Mr. Woods. Please let me know what they are all about. I love this web site
It might be educational for a great many people to view the complaint that's filed, or about to be filed.
If this is ERS in Salt Lake City, UT, bbb.org shows no complaints. Or is it ER Solutions, in Washington: http://www.budhibbs.com/debtcollectorpages/er_solutions.htm bbb.org shows them as a member, with a number of complaints, but all apparently "resolved". However, on complaints.com, these show up, mostly cell phone collections: http://www.complaints.com/directory/2004/august/8/15.htm http://www.complaints.com/directory/2004/october/24/1.htm http://www.complaints.com/directory/2004/october/12/19.htm http://www.complaints.com/september2003/complaintoftheday.september17.33.htm http://www.complaints.com/directory/2004/june/6/23.htm http://www.complaints.com/directory/2005/june/28/17.htm But there is also this, apparently an attempt to collect an old paid student loan: http://www.nbc5i.com/news/7373890/detail.html?rss=dfw&psp=news Sound familiar?
" i pick door number 3 Bob ....the educational loans that are growing mold for 5,000.00 please!" and the similarities are profound to say the leAst very very good detective work ....you get to be Magnum P.I. for week!! thank you I think I will start a collection of these and try to find a few others so that I can forward them to their legal counsel who has a 2004 bar number and who probably doesn't read this board...thank you and anyone else if you have an ERS story to tell or one that you can post from somewhere else please do thanks!!
I don't want to get in trouble or breaking the rules. So, moderator, feel free to depost this if it's the not consistent with the rules of the board. HERE IS THE LAWSUIT THAT IS BEING FILED TOMORROW MORNING....I WILL BE STAYING IN THE "PRO SE WING AT CLUB FED" SO REALIZING THAT i AM NOT AN ATTORNEY HERE IT IS:IT WILL BE ATTACHED TO THE NEXT POST ONCE I FIGURE OUT HOW TO DO IT- NMO LUCK ON HOPW TO SO HERE IS THE LINK TO THE COMPLAINT AND OTHER CORRESPONDENCE ANY AND ALL CONSTRUCTIVE FEEDBACK IS APPRECIATED THX sorry about the caps but I don't type and not look at the keys and I don't type fast enough to do it over again ...thank god for dragon dictation software http://groups.msn.com/COLLECTIONAGE...MENTS/MY LAWSUIT AGAINST E.R.S. AND JW&fc_a=0
With credit reporting, consumers live in a financial fishbowl. With search engines and consumer web sites, companies live in one too. Which ERS is it? ERS, ER Solutions, or some other? Is ERS in UT the same as ERS collecting in the story from Dallas?
"thank you I think I will start a collection of these and try to find a few others so that I can forward them to their legal counsel " Why? Their legal counsel could care less about other anonymous complaints, which he could probably keep out of court as hearsay anyway. He is just paid to deal with you. It is more important that you file complaints of any violations with your state AG, FTC, and BBB. If no-one files complaints, they assume there is not a problem. FTC and state AGs won't usually do much about individual complaints, but if the volume becomes substantial, it eventually gets their attention.
"she should "sell something hahaha" to get the money." Depending on context and manner of delivery, this may rise to the level of a criminally obscene or harassing phone call under either state or federal law. If the contents of their phone calls have contained material that can be construed as sexually threatening or denigrating, also contact your local district attorney. At some point it becomes a law enforcement issue, and not just a private FDCPA and regulatory issue. Once you decide that this state of affairs is unacceptable, there is no reason to hold back. You will have no better negotiating position in your civil suit for not filing complaints, and in fact their attorney will likely deny everything anyway, and if you didn't complain, he will likely use that to imply it didn't happen.
Did they send her a letter notifying her of her rights to dispute or request validation, in accordance with FDCPA? Was her request that they provide validation, and that they cease telephone contact, in writing, sent CRRR? Can you show when they received her letter, either by return receipt, or by printout of the certified date of delivery from the USPS web site? Are the calls continueing?
Is there a reason you have chosen not to run this by an attorney with experience in FDCPA litigation? If you are dealing with egregious FDCPA violations, you may want both the experience of a competent attorney to make sure you maximize your collection of damages, and the possiblity that the violator may have to pay your attorney's fees as additional incentive to settle. You would want an attorney who is both experienced and willing to take your case on contingency.
the company is e.r.s. as in chicago illinois they collect mostly student loan stuff but have branched out some .....their attorney so far has a 2004 bar number so he's not f lee bailey ...answers to questions lets see ...yes he insinuated that she should sell whatever she could if you know what i mean and she faxed her written cease and desist no mail but also told the guy every single time he called (100's) to cease and not call verbally which the coiurts have recently upheld as beinjg sufficient...and why would i want to ruin this safari by including an attorney when I have all of you for help and support. For too many years the attorneys ofg the world have created the mess of laws we have today ...everytime something bad happens they write a new law ...in oregon there are 10 pages of law on truck bumper heighth...thats why the old credo about what an invading country should do first after their invasion was successful .."first thing kill all of the attorneys" I think thats where that comes from ...this isn't an advertisement or s[pam but the guy at jurisdictionary makes the law readable and knowable and it gets real cleare that all attorneys have been doing for these past 50 years or so is trying to create some job security but once you get past all of the crap it's dissappointingly easy and anyone can do it ...the only problem you run into is when you happen upon a judge who also wants attorneys to have that job security because if everyone knew how easy it was their courts would be filled with people who up until now were just like us and sat and took it ...anyway so far so good ....no phone calls since their attorney got involved i will keep everyone here posted ifd you want
If this is an attorney, or an employee of an attorney, acting as or for a debt collector, not only do you have FDCPA violations, but you may find that debt collection attorneys are also separately responsible under their state bar regulations for requirements similar to FDCPA. In other words, you could also file a complaint with his state bar over FDCPA violations either by him, or by any employees working under his supervision. For example, the California state bar requires this of attorneys doing debt collection. It is possible that whatever state this attorney is licensed in has similar requirements. http://calbar.ca.gov/calbar/pdfs/ethics/2006_State-Bar-Act.pdf "�§6077.5 Attorney Collection Agencies An attorney and his or her employees who are employed primarily to assist in the collection of a consumer debt owed to another, as defined by Section 1788.2 of the Civil Code, shall comply with all of the following: ... (c) Without the prior consent of the debtor given directly to the attorney or his or her employee or the express permission of a court of competent jurisdiction, an attorney or his or her employee shall not communicate with a debtor in connection with the collection of any debt at any unusual time or place, or time or place known, or which should be known, to be inconvenient to the debtor. In the absence of knowledge of circumstances to the contrary, an attorney or his or her employee shall assume that the convenient time for communicating with the debtor is after 8 a.m. and before 9 p.m., local time at the consumer's location. ... (g) Within five days after the initial communication with a debtor in connection with the collection of any unsecured debt, an attorney or his or her employee shall, unless the following information is contained in the initial communication or the debtor has paid the debt, send the debtor 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 debtor, within 30 days receipt of the notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the attorney or his or her employee. (4) A statement that if the debtor notifies the debt collector in writing within the 30-day period that the debt, or any portion thereof, is disputed, the attorney or his or her employee will obtain a writing, if any exists, evidencing the debt or a copy of the judgment against the debtor and a copy of such writing or judgment will be mailed to the debtor by the attorney or his or her employee. (5) A statement that, upon the debtor's written request within the 30-day period, the attorney or his or her employee will provide the debtor the name and address of the original creditor, if different from the current creditor. If the debtor notifies the attorney or his or her employee in writing within the 30-day period described in this section that the debt or any portion thereof is disputed, or that the debtor requests the name and address of the original creditor, the attorney and his or her employee shall cease collection of the debt or any disputed portion thereof, except for filing suit thereon, until the attorney obtains a writing, if any exists, evidencing the debt or a copy of a judgment or the name and address of the original creditor, and a copy of such writing or judgment or the name and address of the original creditor is mailed to the debtor by the attorney or his or her employee." Look familiar? This, and other requirements on debt collection attorneys, parallel FDCPA, at least in California.
