URGENT TO BBauer and anyone else

Discussion in 'Credit Talk' started by Debmac, Oct 19, 2001.

  1. Debmac

    Debmac Well-Known Member

    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?

  2. Erica

    Erica Well-Known Member

    Isn't that some sort of violation or something? If you request an address and they not only not give it to you, but threaten you also, I think that is a violation of the FDCPA. Not too sure, but someone's gotta know.

    If it is......Sue the pants off of them.
  3. dlo64

    dlo64 Well-Known Member

    I don't know where it is in the FDCPA, but they cannot threaten to sue unless they intend to follow through. Did you, by chance get her name?
  4. Debmac

    Debmac Well-Known Member

    She said she was Miss Smith.....

    ya right.

    I just remembered that I had been contacted by a CA regarding this account back in '99 (I think). I will go thru and dig up some documentation when I get home.

    Does that invalidate what she had to say?

  5. Debmac

    Debmac Well-Known Member

    OK I am bumping this up because the same rude cow just called me (Monday morning) asking for verification of employement. (Usually we verify in our department)...

    I asked her why she needed to veryfy and she said so that she could send the information to her attourney/law division...


  6. doodyhead

    doodyhead Well-Known Member

    LOL. Tell her you no longer work there - because you were getting too many personal calls.

    What do you think will happen? Theyve got to sue you and everything in order to attach your wages -- you've got some time on this
  7. Hal

    Hal Well-Known Member

    A few points I would like to make -

    #1 She is trying very hard to pressure and intimidate you - this is a common and very successful collection tactic. I would like to point out the date she gave you to respond by - October 26th - the last Friday in the month, and very likely the "cutoff" date for her to earn her commission or bonus. Collectors typically exert more pressure as the end of the month approaches as they are generally paid in two ways - a bonus based on the amount they collect and/or a commission - i.e. the more they collect the more they earn.

    #2 What earthly reason would she call you at work - know it was your work number - and then call to verify you worked there! She is trying to apply more pressure - she is well aware you work there. If she calls back for verification have someone tell her she needs to fax the request including a return address and signature - then you will have their information.

    #3 If they had not already decided to file suit, it would be nearly impossible in most jurisdictions to prepare legal documents, have them filed, find a process server and serve you from Friday to Monday - she is trying to apply pressure again. Even if the file suit, you are allowed a specified amount of time to file a response with the court and could certainly include FDCPA violations in your response countersuing them for the violations. If they are going to sue you for most states they must either be located in your state or send the account to a collector or attorney in your state to file - although they can file anywhere and sue you, almost all states require they file in a court that has jurisdiction over you or you have grounds to have venue changed or the case dismissed.

    The next time she calls, tell her if they want a payment, you need the name, address, phone number of the collection agency or you cannot send a payment - then you can take it from there.
  8. Debmac

    Debmac Well-Known Member

    You guys are total gems... I really appreciate the responses...

    Can anyone recommend a good consumer lawer in Michigan?

    Much thanks again,
  9. Quixote

    Quixote Well-Known Member

    Seems to me you've got a couple of violations of the FDCPA here:
    First)§ 804. Acquisition of location information
    Any debt collector communicating with any person
    other than the consumer for the purpose of acquiring
    location information about the consumer shallÅ 
    (1) identify himself, state that he is confirming or
    correcting location information concerning the
    consumer, and, only if expressly requested, identify
    his employer;
    (2) not state that such consumer owes any debt;
    (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
    15 USC 1692b

    Second)§ 805. Communication in connection with debt
    GENERALLY. Without the prior consent of the
    consumer given directly to the debt collector or the
    express permission of a court of competent jurisdic-
    tion, a debt collector may not communicate with a
    consumer in connection with the collection of any
    (1) at any unusual time or place or a time or place
    known or which should be known to be inconve-
    nient to the consumer. In the absence of knowledge
    of circumstances to the contrary, a debt collector
    shall assume that the convenient time for communi-
    cating with a consumer is after 8 o'clock
    antimeridian and before 9 o'clock postmeridian,
    local time at the consumer's location;
    (2) if the debt collector knows the consumer is repre-
    sented by an attorney with respect to such debt and
    has knowledge of, or can readily ascertain, such
    attorneyâ?¢s name and address, unless the attorney
    fails to respond within a reasonable period of time
    to a communication from the debt collector or
    unless the attorney consents to direct communica-
    tion with the consumer; or
    (3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

    Shouldn't be too hard to document. Even your first post in this thread would support your argument as you wrote it before the second incident.

    Sue 'em. Sue 'em for willful violation, especially on the second part and, if I'm not mistaken (disclosure: I'm NOT a lawyer), the $1000 limit gets thrown out the window, due to punitive damages.

    Good Luck!
  10. GEORGE

    GEORGE Well-Known Member



  11. far gone

    far gone Well-Known Member

    I too lost a job due to bill collectors. And even after I was gone they still called my old job and was rude to the people who explained to them that I no longer worked there and it was due to the calls from them.
  12. GEORGE

    GEORGE Well-Known Member

    They probably ASSUMED they were "LYING" for you!!!???

    One of my friends at work was getting CA phone calls, they actually said "ONE OF THE KIDS WAS IN THE HOSPITAL" call this number IMMEDIATELY!!! (I hope that person person got FIRED)!!! That is LOWER THAN LOW!!!

    After that incident, she told the kids if it is REALLY important to call her at work, you MUST GIVE FULL BIRTH NAME..."MARY BETH SMITH".
  13. OtherTerri

    OtherTerri Well-Known Member

    A collection agency called me two years ago, the rep did not identify himself or the real reason for his call. He just ranted on and on about having me arrested for grand theft. After he made a very inappropriate remark, I finally got him to put someone else on the phone. At that point, I only cared about the remark, but this second person wanted to know how I was going to send the money to him that day. He gave me a deadline of 2 p.m., and said that if I had not sent the money and called to tell him so by that time, he would be filing grand theft charges against me that day.

    After I started reading this board, I realized that they had broken the law. I found an attorney, and they were served last week.

    Don't let them scare you! Don't talk to them at all - document everything, print out your post here, and contact an attorney! The way I see it, you have the upper hand now because of their unlawful behavior. Be strong!!
  14. J. Edgar

    J. Edgar Well-Known Member

    If you think it's a bill collector when you answer the phone say something like: "This is so-and-so. Thank you for calling. This line is recorded. May I help you?"

    No bill collector is going to want to talk with you when they think they are being recorded. At least they are not going to be rude or say outrageous things that they are going to get stuck up their nose (or other bodily orafices) in the future.
  15. bbauer

    bbauer Banned

    They have obviously broken the law in multiple ways. More so than others here on the board have even mentioned although I didn't see anyone that gave you any misleading or false information whatever. All the posts I have seen so far to you have all had pretty good and accurate info for you.

    But the number of violations they have already committed are even greater than any and all put together so far.

    But you have also given them far more information than you should have already. So my first words of advice to you will be to never speak to a bill collector on the phone. Simply tell them that you do not discuss such matters on the phone and they will have to put whatever they want to say in a letter and mail it to you. That way you have proof of what they have or have not said.

    Never argue with them. Just make them put it in writing and hang up the phone no matter how many times they call you. Talking to bill collectors on the phone is an exercise in stupidity and it's about like mud-wrestling with a pig. You get all muddy and the pig loves it.

    So never play their game.
  16. Debmac

    Debmac Well-Known Member

    Ready to sue now

    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 @Mich ST
  17. beary

    beary Well-Known Member

    Re: Ready to sue now

    Sue the Heffer!
  18. roni

    roni Well-Known Member

    Re: Ready to sue now

    Go for it... I would not settle for a deletion either. I would take this one all the way to judgement.
  19. bbauer

    bbauer Banned

    Re: Ready to sue now

    Why dink around with small claims court?

    Go for the big time.

    It makes no sense at all for you to go to all the work and grief of preparing the paperwork and getting the case set and all the stuff you have to go through plus pay the fees and maybe get a few measly bucks when you can get one of the best attorneys out there who will take your case for free and you pay nothing, don't have to worry about nothing and just sit back and watch the fur fly. When it's all over you can just cry about it all the way to the bank to cash your check.

    Send me an email and I will recommend a few good ones for you.
    I have their names and all the info for the better ones and I will gladly send them to you and you can speak to them directly and get your case going quickly. It's always better to use a specialist, especially if you can get him for free.

    Going to small claims and have to pay the fees, do all the work and maybe end up with only a deletion and a few measly bucks when you could get the best and get paid top dollar awards for free would be about like eating a bunch of Exlax instead of going for a good Hershey bar.
  20. Nave

    Nave Well-Known Member

    Re: Ready to sue now

    Correct me if I am wrong, but small claims costs less to file, is much easier to file, and you can represent yourself. I believe the higher courts require representation. But you never get to court anyway Bill so that should never affect you. LOL

    -Peace, Dave

    PS. LOL

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