Unfair replies to dispute!

Discussion in 'Credit Talk' started by author_22, Aug 10, 2001.

  1. author_22

    author_22 Well-Known Member

    I am disputing an alleged library fine that is less than $30. The creditor called me today and said that a CRA told them I disputed the debt. (Not the collection agency, but the original creditor.) It was a young woman at the library who was extremely rude. She did not want to help and such. She said they do not have to prove I owe it, I have to prove I do not. I demanded to speak to a supervisor, and she gave me a name (which I'll call tomorrow) This debt probably is legit but I was never notified--trust me, even in my stupidest days I wouldn't have risked ruin over $20 something.

    What should I do? She told me even if I didn't owe it or did and paid it they'd never remove it for me, as I didn't deserve it for being such a cheater (her words).

    I also got a nasty phone message from First Union (I wrote them to dispute an Internet inquiry). They said they were sure the inquiry was legitimate but would consider removing it and let me know.

    I mean, this is not how I expected things to turn out. Yes, I'm pleased that it took six days for FUnion to reply, but the thing with the library bothers me. What can I do? I want this crap off!
     
  2. GEORGE

    GEORGE Well-Known Member

    THE DEBT MUST BE PROVED!

    Just because they say you owe it, does not make it true.
     
  3. bbauer

    bbauer Banned

    I am disputing an alleged library fine that is less than $30. The creditor called me today and said that a CRA told them I disputed the debt. (Not the collection agency, but the original
    creditor.)

    Well, you should have told them that you do not speak about such matters on the telephone and that if they had anything to say they would have to say it in a letter. And then hang up on them.
    Under all normal circumstances you should never speak to a creditor or collector if there is any kind of dispute going on at all.

    It was a young woman at the library who was extremely rude. She did not want to help and such. She said they do not have to prove I owe it, I have to prove I do not.
    That is totally false and wrong. You do not have to prove anything, they do and can be forced to do so in a court of law if necessary.

    I demanded to speak to a supervisor, and she gave me a name (which I'll call tomorrow)
    Please do not make another mistake. They have hired an outside collector and you should just let the collector do his work at this point since you have disputed the debt. The library had nothing to do with it once they turned it over to a collector.

    This debt probably is legit but I was never notified--trust me, even in my stupidest days I wouldn't have risked ruin over $20 something.
    It makes no difference now that they have broken the law. It is they who are in the wrong now.

    What should I do? She told me even if I didn't owe it or did and paid it they'd never remove it for me, as I didn't deserve it for being such a cheater (her words).
    That is verbal abuse of the debtor and is also another violation of federal law.

    I also got a nasty phone message from First Union (I wrote them to dispute an Internet inquiry). They said they were sure the inquiry was legitimate but would consider removing it and let me know.

    You ought to be getting tired of these phone calls pretty soon. Maybe you ought to consider putting a tape recorder on your phone so you can gather evidence to use against them.
    ____________________
    I mean, this is not how I expected things to turn out. Yes, I'm pleased that it took six days for FUnion to reply, but the thing with the library bothers me. What can I do? I want this crap off!

    What pleases you about FUnion's reply to you within 6 days? You didn't want them to reply at all if you only knew it. But they called you on the phone and I'll bet they failed to send you a mini-miranda as well. That's two criminal violations. How many more will you be able to get out of them? Actually, you don't need any more than that, but a couple more would alway be nice to have. Then you could really nail them to the X.
    --------------------------
    You have to start doing things the right way. Simply sending out validation letters to the creditors and then taking flak and abuse over the phone because you did not realize that you should never talk to them on the phone after a dispute is in progress is not the right way to go.

    It is obvious that you are dealing with criminals here who need a good lesson in FDCPA law and if you go at it right, you are in an excellent position to teach it to them at their expense. Hiding behind a desk at a public library does not give them immunity from their own willful and illegal acts. Even donning black robes and sitting behind a judicial bench does not give a judge, federal or otherwise, immunity from being personally sued for committing illegal acts while in the capacity of their office. While you cannot sue a judge for any decision he might make no matter how erroneous it may be, if he commits an illegal act, his judicial position will not save him from civil suit or criminal prosecution, or both, whichever the case may be. So if a judge is not always immune from prosecution or civil action, how then can a city worker sitting behind a library desk consider themselves able to get away with breaking the law which is what this person did if they did what you say they did.

    I would venture to say that in the event that you decided to take it up with the city fathers you would quite possible find either that person's replacement or that person with a much more civil tongue in their heads the next time they called. And you very well may have cause for civil action against that person as well as the city or county library system for the verbal abuse you suffered. There is no call for it and there is a law against it.

    Stay offa tha cottin-pikkin horn!!!!!
     
  4. author_22

    author_22 Well-Known Member

    I did feel funny about them calling me, I felt violated. I used the letters because I get very nervous on the phone...I had past bill collectors tell me I could never get an apartment and such.

    But I didn't realize that it was illegal for these two companies to call me...I guess they saw my age (22) and thought I'd stupidly fall for their harrassment, which I did.

    I have not returned the call from First Union, and now will not. My brother never gives me calls unless he knows who it is. But what should I do next concerning this library fine? That girl was so evil.....eek. Soulless.
     
  5. author_22

    author_22 Well-Known Member

    Thanks. I read that too...and am darn sick of people hassling me. I wonder how they got my phone number? I certainly do not put it on credit report requests and had a different phone number with the inquiry and the library. I am just stressed out over this. The credit problems keep me up at night and now this crap.
     
  6. Lionel

    Lionel Well-Known Member

    Author --

    I think it's fairly simple: Either they have a computerized record stating that you checked out the book or they don't.

    Even if they do, I don't think it's worth it to them to go through the time and trouble of verifying a $20 debt three or four times, especially for an entity as strapped as most libraries.

    You'll probably have much better luck with the supervisor...just don't be nervous, and let cooler heads prevail.

    Incidentally, there are dozens of inexpensive and completely legal means for a legitimate creditor to get your phone number and current address. It's all part of the collections/skip tracing biz, unfortunately.

    By the way, where does the "cheater" part come in. Sounds like some issues between your two! :)
     
  7. GEORGE

    GEORGE Well-Known Member

    author_22

    YOU OWE ME $100.
    I have NO proof, except I say you owe it.
    You have one week to mail it to me.
     
  8. author_22

    author_22 Well-Known Member

    Haha yeah right ;) (I get it!)
     
  9. GEORGE

    GEORGE Well-Known Member

    I WILL ACCEPT 2 F.I.C.O. POINTS INSTEAD...

    :)
     
  10. Hope

    Hope Well-Known Member

    Uhhhmmmm, Yummie! Lemme at her! That library public servant is just the sort I could loose my religion over and go after tooth and nail.

    You DO NOT have to put up with some lilly-liver clerk over $30 and unless I miss my guess and this is the Fourteenth Nationa Library of Plum-Nelly Backwater, USA, that lady's superior's will highly dismayed that she may have compromised their integrity speaking to a public citizen that way.

    I suggest you first compose yourself. Then shoot off a certified return receipt letter to the highest authority in the direct line above that chick, (Superintendent, yada, yada), and CC the State and US Representative...and please don't forget Miss Uppity B___h herself!

    For taking our her personal problems on you that way, she deserves several night's restless sleep worrying about her job security.

    I mean it! Hit her hard, low and fast!!

    (THEN PAY THAT DARN $30 BUCKS.)
     
  11. bbauer

    bbauer Banned

    Above all, do not pay the bill!
    If you do you will have admitted the debt and your culpability in the deal and you will have guaranteed yourself another 7 years of having it on your credit report with very little hope of being able to get it off. You will also ruin any chance you might have for complaint against the offending parties.

    The fact that you have been violated is easy to prove and there are court cases posted right here on this forum to show you that you can sue and win and in those cases cited, the wrongs that you have suffered are much greater than some of those cases which won huge settelements and damage awards.

    Maybe you don't want to go through the hassle of actually sueing, and I don't blame you if you didn't want to go through all that hassle. But using the facts of the case cites posted here, you should be able to go to "higher authorities" than the library person who abused you, state your points of arguments and your proofs in writing sent by certified letter return receipt requested and get that removed from your files and get a letter stating that you do not owe the bill as well as restoring full library priviledges in return for your not turning it over to your attorney with strong demand for immediate legal action.

    You do not want to be talking to these people over the phone because they will mess you up in a heartbeat. You need the opportunity to state your side of the story in no uncertain terms and you are most likely to do that in a phone call.

    If you feel inadequate to handle this matter yourself and get what you want then go see your attorney and explain that you have been abused and your rights violated and you demand immediate action of him. You can print out a copy of the parts of FDCPA and the court case cites you need to back up what you are saying and if you have those items with you then just about any attorney should be able to smell the blood real easy.

    Hope you do yourself some good, but don't fool with these monkeys. You don't have to.
     
  12. Kittw1

    Kittw1 Well-Known Member

    I cannot even imagine that a freaking library would report a $30 fine to the CRAs. This world is a crazy place and we just live in it with crazed people!
     
  13. author_22

    author_22 Well-Known Member

    They sure did. I am going to call a lawyer that I know well this week. He has offered to help me before. I hate to secure his help over such a stupid and small debt, but I want it paid as agreed and on time or totally deleted. I know he will call them or write them a nasty letter. I doubt they want to go to court over $28. It's not the $28 that's the thing, I will gladly pay it because it's 99.5% likely I owe it. My problem is they never told me I owed money and now they act like I'm a crook and want to keep messing with my credit!

    Steph
     
  14. author_22

    author_22 Well-Known Member

    I forgot to say that more and more libraries are ridiculously inflating overdue fees to make money. It used to be a limit of $2.50 per book, now there is no limit. If a book is lost, they charge $60-100 to "replace" it - even if the same book actually was 20 years old and costs $10 now to get a BRAND NEW one.

    College libraries are worse...not only do they overcharge you, tell the school not to register you or do a thing for you, they IMMEDIATELY tell the CRAs and they also charge YOU a 32% "collection agency" fee whether they really used one or not. This is why I will NEVER use a library again that does this, and if I check a book out, it darn will be back a week earlier! I've heard libraries lie about when the book was returned to get money.

    Steph
     
  15. GEORGE

    GEORGE Well-Known Member

    LOST BOOKS AT ONE LIBRARY I USED IN CALIFORNIA...maximum fine was 90% of documented original cost.

    If you can buy a book "new" for $10.00...they could not justify charging more than $10.00-$15.00.
    If they can't let you buy the book at the store for $10.00 and donate it back to them with maybe $5.00 processing fee...THEY ARE STUPID!!!

    I know they have to label, plastic book cover, security tag (where used), etc.
     
  16. author_22

    author_22 Well-Known Member

    I'm in the Virginia sticks...trust me, people out here will do a lot of things to get money.

    Steph
     
  17. bbauer

    bbauer Banned

    Author_22

    They got any of that good 'ole cawn pone white lightnin in them parts?

    (LOL)
     
  18. Kittw1

    Kittw1 Well-Known Member

    forget the library.. should we just do amazon or barnes and nobles and buy the dawg gone book..LOL
     
  19. GEORGE

    GEORGE Well-Known Member

    I THINK IF YOU BOUGHT THE NEW BOOK AND GAVE THEM A $5.00 PROCESSING FEE...WOULD THEY BE ABLE TO REFUSE IT???

    If they did refuse the offer, I would write an editorial in the local paper TELLING ALL THE JUICY DETAILS...how they tried to EXTORT $60.00 for a $10.00 book...
     
  20. Struggler

    Struggler Well-Known Member

    Here's a tip for you, since I happen to be a City employee: Send your nastygram (or have your attorney send it) to the Director of the Library and cc: it to the City Manager. Forget the Mayor. He's usually a politician who doesn't want to make waves. The Library Director will take it seriously, especially with a copy going to the City Manager. Good luck.
     

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