I wanted to move this to a new thread because I am very interested in real replies, and maybe there are others who are getting treated the same I am from an agency.... The initial thread was: 10-19-01 I cannot believe this... I *just* got off the phone with GMAC; I had a repossession (unpaid) with them from 1998... the representative was ungodly rude when I kept asking her for an address to respond to as I could not accept personal phone calls at work. She said that she was going to send my repo account to an attorney and that if I did not provide payment or set up a payement plan with her today that I would be getting a summons on my job come Monday... then the heffer said that I had until Oct 26 to respond. I recently challenged an inquiry from them regarding financing (I think a dealership tried to finance me thru them in 2000, so I challenged it)... which is how I think they got my office phone number! How now? What should I do? 11-06-01 Oh yes... guess what. She/GMAC called me TWICE THIS MORNING. This is AFTER they have signed for a certified letter requesting verification of the debt--this same letter stated that they were NOT to contact me except for in writing. Ms GMAC tried to be "slick" and ask what sort of debt verification I needed. I told her it was in my letter and that I could not accept personal calls at work AGAIN. She called BACK and started in about garnishing my wages by verifying my employment, etc. I told her "Thank You" and hung up the phone. Can I sue small claims for willful violation of the FDCRA? Would I need a lawyer? Is it my word against theirs for the phone calls (my asisstant answered both times, so I do have *some* witness)... Let me know and I am at the courthouse steps... Deb ------------------------ Two more points: a) She called AGAIN today (11/7) before I got to work...Of course she hasnt called back... b) NOLO.com is an EXCELLENT source for legal reference---I know its been stated here before! This link: http://www.nolo.com/encyclopedia/articles/dc/DC12.HTML cleared up a lot of questions I had. Namely, WHY did GMAC keep calling after I sent the certified mail (answer, because they are NOT a debt collection agency and DO NOT fall under the FDCRA act... ) Tho I will contact my state (Michigan ) atty general to file a complaint, and will see if there's another act they do fall under (was someone saying sec 617/617 of the FCRA?) Still taking advice and will post anything else I find. Deb @ Mich St
UPDATE: OK... don't give me too much grief... I let the wench call me AGAIN (well, you know what I mean) She called me last week to try to have me send in a payment (not)... then called again today. Finally I have had enough, and contacted my state's (Michigan) atty general's offce, and sure as sh*t GMAC HAS VIOLATED THE STATE'S Collections Practices Act (Act 70, 1981). The AG office said that even tho they are the original creditor, Michigan law includes them: Debt collectors other than collection agencies are prohibited from using misleading or deceptive practices, using forms which simulate judicial process or government, failure to disclose identity of caller, using harassing or abusive methods to collect a debt, making calls before 8:00 a.m. or after 9:00 p.m., using profane or obscene language. Consumers may sue for damages and injunctive relief. So.... I have contacted an atty, but he says that I should settle for $400 (the amount remaining after the repo is $1200)... Maybe I should contact another atty? Can I still file a complaint with the state? Thanks to this board, I've learned to stand up for my rights (and to find out what they are!) Deb @ Mich St
I'd like to refer you to David Szwak. I bet you would come out with a lot more money than that. Szwak is a consumer advocacy attorney and he specializes in that kind of stuff.
Does he practice in Michigan? If you can find that out, I would be more than happy to talk to him... Thanks much! Deb @ Mich St
He is in Louisiana, but seems to have affiliate law firms all over the country that he works with. He has asked me to have people wanting his services to fax their info to him as he is extremely busy. He's hard to catch on the phone although I caught him in the office last nite. here is his website. http://www.bjslaw.com/contact.htm has all the fax and contact info on it. fax is probably the best and easiest Then he will get back to you as fast as he can.
Thanks much again for the information... I've sent the FAX, and will let anyone who is interested know the results! Thanks again, Deb @ Mich St
