Getting CA to pay this acct 4 me

Discussion in 'Credit Talk' started by Shanyl, Jul 20, 2004.

  1. Shanyl

    Shanyl Well-Known Member

    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.
     
  2. Shanyl

    Shanyl Well-Known Member

    ?
     
  3. jam237

    jam237 Well-Known Member

    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.
     
  4. Shanyl

    Shanyl Well-Known Member

    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?
     
  5. jam237

    jam237 Well-Known Member

    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... :)
     
  6. jam237

    jam237 Well-Known Member

    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.
     
  7. Fosedeitch

    Fosedeitch Member

    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.
     
  8. Shanyl

    Shanyl Well-Known Member

    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!
     

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