My mother called me this morning, someone claiming to be a lawyer called her looking for my husband. They apparantly went at it for 10 minutes (yeah Mom!!i) in which time, he said that hubby had to call him in 1 hour or there would be serious legal consequences. She had the forethought to get his name and number. I called and it was for a supposed debt that we were waiting for validation on from another ca. We never heard from them, but they turned the account over to this Mann/Brackman in Atlanta on March 4th. We have never received any correspondence from them. The guy never did the "mini miranda" thing to me or my mom. Threatened me with legal action, wage garnishment (this isn't even my card), accused me of dodging phone calls. Told me that any thought of settling for 20% was out and he wouldn't take less than 60%(becaue of my attitude), or the sheriff would be on my doorstep. I pointed out that I had no idea who he was and to please send a letter and if one had been sent we have 30 days to respond. He started screaming at me and I hung up on him. My lawyer says there really isn't anything I can do but settle. Any thoughts on this, the guy just really irked me and my mom is ready to have a stroke because she thinks she is responsible for the debt. I don't know how much the debt is for, he wouldn't tell me, nor would he give me any type of reference number so that we could send a validation letter. Any advice is appreciated. Thanks!!
WOW..... 6 FDCPA violations at once. That has to be some kind of record. Go to the Essentials part of www.artofcredit.com and read all about the following threads: They Have an Attorney - now the Fun Starts Understanding the Collection Agency Understanding the Junk Debt Buyer Do this while on your way to the Courthouse to sue his stupid butt.
Thanks for the information. Now as to the first CA, they did have until March 23rd to respond to the validation letter, but it is pretty obvious by today's events what they did with the debt, however, we received no notification of their intent. Is this a violation? Also, should my husband send a validation letter to Mann/Brackman? Should he mention the violations in that letter? Is there such thing as an all in one validation and ITS letter? I am sooo peeved right now (and my mother isn't talking to me) The idiot lawyer also mentioned something about filing a complaint with the AG and consumer affairs offices in NJ, does that really do any good?
Re: Re: threatening collector When a CA gets a validation letter they have two options: 1. Put Up - provide the validation documents, or 2. Shut Up - stop trying to collect. CA#1 apparently chose #2.
actually, didn't CA #1 violate the FDCPA also because by reselling the debt to another policy THAT constitutes collection of debt (prohibited during the validation phase) Just wondering...
I will concede that the lawyer I spoke with is an idiot, but he was actually talking about us filing a complaint about the CA, not the CA filing one on us. I just don't know how effective that would be. As for CA#1, I don't know what is going on with them. The green card was signed 2/23 so their 30 days isn't even up yet, so yes, technically, this is in dispute with them. Also, since the violations occurred to me and not my husband, (the card is in his name only) do I send the ITS and sue them seperately from the whole debt issue? Maybe hubby should have a go with them, might double the $$. My husband hasn't even received any type of written notification from them. Is my understanding correct, that now that they have made "communication" that they have to send out a letter within 5 days? The idiot collector kept yelling that they sent one, but couldn't tell me when. Also, what is this arbitration thing he kept screaming about? I apologize (again) for this being so long, but I appreciate the help.
selling or transferring the debt is a violation, but not for the specific reasons mentioned. Section 807(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this title. When CA #1 (if they did sell the account) sold or transferred the account, they did so with a freeze on collection activities. That is not terminated because of the transfer or sale, because that would make you subject to a practice prohibited by this title. It also covers cases where CA #1 sends the account back to the OC (and they either attempt to collect, or transfer or sell the account to another party.) - FTC Commentary.
I must be tired, cause that last post made no sense.. but.. "When a CA gets a validation letter they have two options: 1. Put Up - provide the validation documents, or 2. Shut Up - stop trying to collect. " Is correct, providing the validation is in writing AND within the 1st 30 days of the original contact with the consumer.
I'm sure Butch would say to memorialize these phone calls and mail them to this idiot as soon as possible. read here: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=55502
Actually I'd check to see if my state is a one party consent state and if it is, I'd run first thing to radio shack and get a telephone recording device.
Ok, I am confused as to what ca #1 has done. Should they not have transferred this to CA#2 during the "validation period"? When I mentioned that the account was in dispute to CA #2 I was told by the collector that basically that it didn't matter that this was in dispute because it was with a new company now. If I understand the comments, someone is in violation...which CA? We received the 1st letter from CA #1 around Feb. 10th and responded back quickly, green card was signed for on Feb 23rd. According to CA#2 the debt was in their files on March 4th. We have had no response from CA #1 in regards to validation.
"When a CA gets a validation letter they have two options: 1. Put Up - provide the validation documents, or 2. Shut Up - stop trying to collect the debt- WHICH INCLUDED SENDING IT BACK TO THE CREDITOR. 3. The creditor can then re-assign/sell the debt. FDCPA 809.
1) Is there actually a valid debt, and for what amount? 2) The caller said many things, but if he is trying to get money from you by threatening you and screaming at you, what makes you think he is actually a lawyer? Did he provide his name, address, or state license number?
Two things I would do right away: 1. Send them a "partial cease and desist communications" letter. Order them not to call you or your home again. Tell them to communicate by US mail only and that any future calls will be recorded. Be sure to send the mail certified, return receipt requested. 2. Record all conversations with the collector. And, since the collector is in GA, if you file suit for any violations, you can go after the original creditor, too. O.C.G.A. 120-1-14-.25 Use of Debt Collectors; Agreement Every creditor shall be presumed to know that any debt collector engaged by the creditor will be an agent of the creditor and will be acting for and in behalf of the creditor in connection with the collection of any debt allegedly owed the creditor. Every creditor shall be absolutely responsible for observance of these rules and regulations by the debt collector in connection with all activities of the debt collector so far as they are taken in collecting or attempting to collect any debt allegedly owed to the creditor, and it shall be no defense to the creditor that any violation complained of was not an activity of the creditor himself or itself. Before engaging any debt collector, a creditor shall require the debt collector (or a responsible officer of the debt collector) to execute a sworn certificate under the penalty of perjury, that he has read and understands each and all of these rules and regulations pertaining to debt collection and that each and all of them will be carefully observed in the activities of the debt collector.
Thanks again for the great info.!! I am still trying to find out if I can record the conversation, should be interesting if I can. I think as of tomorrow, they have racked up another violation, isn't there something about sending a letter within 5 days of "original communication"? So far, nothing has arrived. I am going to get the letter ready to send out in the next day or so.
There's no doubt that you can record the conversation if you've warned them that any and all future telephone calls will be recorded. And many states are 'single-party consent' states, which only require the knowledge and consent of one of the parties to the conversation.
"I think as of tomorrow, they have racked up another violation, isn't there something about sending a letter within 5 days of "original communication"? So far, nothing has arrived." -BE SURE TO READ THE ENTIRE SECTION OF ANY ALLEGED VIOLATIONS YOU SUSPECT The section you are referring to is FDCPA 809 http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 SECTION (a) HAS "ands" and "buts" you have to be aware of. In this case "....unless the following information is contained in the initial communication." If they gave you this info, they DO NOT HAVE TO SEND YOU ANYTHING "in 5 days." and chances are they DID NOT, but unless it was recorded, its a case of "he said she said" "And, since the collector is in GA, if you file suit for any violations, you can go after the original creditor, too. O.C.G.A. 120-1-14-.25 Use of Debt Collectors; Agreement" -GREAT INFO!!!
