PLEASE help me make this CA pay for this bill AND delete the TL. No mini-miranda when I phoned in, none given in the conversation... not even a feable "this is an attempt to collect a debt". I received a phone message today from We Be Dumb Collections. She simply said: "Message is for xxxx. This is Miss K.H., it's very important that you return my call. xxx-xxx-xxxx (long distance btw) I returned the call a few hours later because I have nothing from them. Conversation memorized: Recording: Thank you for calling, your call is very important to us. Please hold. Recording again: Thank you for calling, your call is â?¦. CA: This is terri, ME: May I speak with Miss K.H. CA: May I tell her who is calling ME: Mrs. Shanyl _______ CA: One moment please CA: She is gone for gone for the evening - are you returning a phone call? ME: yes CA: She was calling about your bill with Blah Blah Internal Medi Group. ME: Was I sent something in the mail for this? CA: Yes we sent it on April 7 ME: I donâ??t have that â?? can you resend it to me? CA: No, we already sent it. ME: Well my mailbox was hit and destroyed (no lie!) so we were without service for a few days and it could have been lost then. CA: Maâ??am, itâ??s not our fault that your mailbox was hit. ME: I realize that but I still need something in writing from you. CA: Here is the information that we sent to you, do you have a pen and paper? ME: Just a minute, ok go ahead CA: Blah Blah Internal Medi Group. Date of service Jan XX, 04 $XXX.00 Account # XXXXXX We Be Dumb Collections PO Box ___ Dumber than you, MI XXXXX CA: How are you going to take care of this today? ME: Well Iâ??m not sure what â??thisâ? is. I need more information about this. CA: More information? I gave you everything that was on this paper â?? there is nothing else on here. You should know if you went to Blah Blah Internal Medi Group. ME: Is that a medical group? CA: Well, yea internal medical group â?¦.. Do you have insurance? ME: Yes but I havenâ??t had a medical service on that date for that amount. CA: Well you can phone them as give them the service date and they can tell you what services were provided. ME: You canâ??t resend me the information? CA: No. ME: So thatâ??s Blah Blah Internal Medi Group. for service on Jan XX, 2004 in the amount of $XXX? CA: Yes ME: $XXX for that date? CA: Yes ME: The account number youâ??re giving me is XXXXXXX and your address is We Be Dumb Collections PO Box ____ Dumber than you, MI xxxxx CA: Correct ME: Do you know that youâ??re calling my cell phone? CA: yea â?¦ ME: How did you get my information? CA: From our client ME: Do you know that itâ??s a violation under the federal regulations to try and collect a debt by calling me on my cell phone? CA: Maâ??am, how are you going to pay this? ME: I repeat, do you know that itâ??s a violation under the federal regulations to cause me charges to my cell phone to collect a debt? CA: Fine, Iâ??ll remove the cell phone. (Wasnâ??t very happy by now) What is your home phone number where we can contact you? (LOL) ME: Didnâ??t your client provide that to you? (I didn't give her a chance to answer.) Thank you, youâ??ll be hearing from me. CLICK - EOC ~~~~~~~~~~~~~~~~~~~~~~~~~~ How does the memorized conversation piece fit in? I know I send it to them, but when? I figure that at once point, I have to send the following, I just don't know in what combination and in what order: *Memorized conversation *Letter stating their violations and requestion damages *Validation request w/ limited C&D until such validation is either proven or deleted and then only by phone. PLEASE - I so want to manage this correctly.
I would send them all at the same time, that way they can't dispute when you had the memorialization notorized. Violation #1: Call to cell phone. Violation #2: Forcing the consumer to call long distance without the prior disclosure of the collection purpose. Violation #3: No "This is an attempt to collect the debt" notice.
THANK YOU Jam!!!! I was begininning to feel like I either had the plague or ticked off the entire board. Thank you too for reminding me to have it notorized - almost forgot that part! Can I ask, is there a letter (couldn't find one in the search or the sample) to follow-up when they don't comply with a demand for damages or do you just sue?
I haven't gotten to the point of filing, yet, although I am saving my pennies up for that day, because it is coming for the one CA... Thankfully even their re-aged opening date's obsolesence date falls way before my FCRA SOL, so I can just wait to make sure it doesn't come back, *AND* then file against them and catch them dumbfounded...
The one situation where I am demanding damages, I've just written another letter, a little bit more assertive then the last one, making it clear that unlike them, I've actually read the law. I asked the person responding in two letters in a row to give a FCRA cite to support her belief that her company didn't need to have a PP to ask the question that they asked the CRA, and when she kept talking in generalities, I decided to advise her to talk to legal, and then get back to me with a serious settlement offer. The funny thing is, if they would have just listened to my first letter, and only contacted me, I wouldn't have anything on them, but they decided to contact the CRA to 'investigate', they violated. Proof that even if the company hasn't violated, yet, some of them will stumble head-over-feet into a violation, if you just give them half a chance.
I just had a similar situation..... -False & Misleading Representation: The CA said they do not accept payments, while their company website clearly states the policy. -No Miranda Warning "This is an attempt to collect...." From what I understand though, they have five days from that phone call to send a letter with the "attempt to collect" information. If it isn't postmarked by the 5th day, then they've violated. I also gave them my cell phone number, told them it was a cell number, and refused to give the home number. I'm waiting for the mail to see if they mail something...and if not...not only are they receiving a letter requiring validation, they are receiving a summons...as the CA is also not licensed to do business in my state.
Well Jam, I got my memorized conversation piece notarized and took it along with some other CA violations and here is what happened. First, he was certain that I recorded the conversation. LOL Think it made him nervous. Second, he's going to send them out a no-no letter so to speak and ask for damages. The other violations from other CA's we're going to use as leverage to delete (it's not worth chasing the small ones) and I want them off fast. BUT... I have one case where I have massive violations (on a 1987 TL) and I'm SOOOOOOO unhappy about the result of that. I sent an inquiry for a non-pp. They called concerned, then ignored me. I sent another demand and then I sent and ITS. NADA I have a big list of violations on them and because they are out of state and don't practice business in my state, I would have to pursue in federal court which made my atty cringe. So he's writing a letter advising them that he's advising me to sue and we'll see. He says filing for a fed case is expensive...... Not the result I was expecting. The difficulty in making these violators pay up is ridiculous!
