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Posted: Fri Jan 25, 2008 4:07 am Subject: How to handle this company

My mother is received call from john p frye lawyer, these are the rudest people i have ever seen. They want full payment now and will not accept payments, where i have been reading where other people are making payments. Are there laws that these people have to be at least nice to people and not treat them like they are thiefs. Please help

Posted: Fri Jan 25, 2008 6:09 am Subject:

Send them a Debt Validation letter. By law you have the right to ask for these things:

1. a contract/agreement with signature
2. Their legal right to collect
3. License and/or bond (if state requires this)
4. A complete accounting of all monies involved and how they came up with their figures
5. proof that any interest and/or fees are legal and collectible.

Unfortunately there is no law that they have to be polite, or that they have to accept payments. Many people just send in payments anyway, the CAs never turn them down. However they can't call you names, belittle you, make threats they don't intend to keep, etc (or make illegal threats like you will go to jail and whatnot)

Whatever you do, make sure to send a DV letter before paying anything, and get everything in writing.

Posted: Fri Jan 25, 2008 6:15 am Subject:

IS THERE DEBT VALIDATION LETTER OR DO I WRITE MT OWN

Posted: Fri Jan 25, 2008 6:16 am Subject:

The do it yourself section has various letters for you to use.

Posted: Fri Jan 25, 2008 6:19 am Subject:

THANKS SO MUCH

Posted: Sat Jan 26, 2008 9:10 am Subject:

THIS SO CALLED LAW FIRM CALLED MY MOTHER5 TIMES IN A ROW. THEY LET IN RING ONCE, HANG UP, THEN DID IT A TOTAL OF 5 TIMES.
THEY WANT MY MOTHER TO PAY THEM BY PUTTING HER DEBT AMOUNT ON ANOTHER CREDIT CARD, WHICH I TOLD HER NOT TO DO. I TOLD THEM TO TAKE HER TO COURT AND THEN SHE WILL BE ABLE TO MAKE PAYMENTS ON THE AMOUNT DUE. SHE DID NOT WANT OT HEAR THAT. SHE HUNG UP ON ME.
WHAT IS WITH THESE PEOPLE

Posted: Sat Jan 26, 2008 9:17 am Subject:

Who is the creditor they are trying to collect for?

Posted: Sat Jan 26, 2008 9:38 am Subject:

Posted: Sat Jan 26, 2008 9:47 am Subject:

I think I remember you being in PA..Is your mom also in PA?

Please get that debt validation letter out quickly! Send it certified return receipt.

Posted: Sat Jan 26, 2008 9:51 am Subject:

I DID IT TODAY. SHE IS IN PA ALSO. IT JUST MAKES ME MED THAT THESE PEOPLE ARE JUST SO RUDE. I REALIZED IT IS THEIR JOB, THEY PROBALLY MAKE SOME KIND OF COMISSION

Posted: Sat Jan 26, 2008 9:56 am Subject:

They do for sure...I sent a PM to one of our members, frogpatch, who has dealt with HSBC. I asked him to take a look at this thread for any other recommendations.

Once they get that DV letter, they need to stop calling. Keep a close on on when they sign for the letter and if/when they call again. Track and log all of their calls.

Posted: Sat Jan 26, 2008 4:36 pm Subject:

They don't have to be nice nor do they have to agree to payment arrangements unless a judge orders it.

My suggestion to anyone who can't pay or settle in full right away is to just send in what you can. Ignoring the situation could potentially make it worse.

Posted: Sat Jan 26, 2008 5:12 pm Subject:

"My suggestion to anyone who can't pay or settle in full right away is to just send in what you can. Ignoring the situation could potentially make it worse."

I respectfully disagree, obviously in your position you know that sending in a payment resets the DOLA. I would not send any payment unless I could PIF or I had a payment agreement in writing that I knew I could keep up with. Why send in a payment and reset the DOLA when they are not going to stop harassing you for payment in full?

I don't believe all CA's are evil, a good amount are probably like everyone else trying to earn a living but theres also a good amount of them who break the law daily, debtors can wind up in worse situations by paying bad collectors whatever they can without a payment arrangement in writing.

I disagree with your advice on this post but I respect your postings in general, it can't be easy to be a CA on a board such as this.

Posted: Sat Jan 26, 2008 8:45 pm Subject: I disagree too!

No, they don't have to be nice; however, they do have to treat the debtor professionally, with dignity and respect. This includes not making the debtor feel like a thief or verbally abusing them.

I had my own run in with the Law Offices of John P Frye, and if my experience is any indication of what IleneBalitch with through, I would definitely send them a DV and partial C&D letter, advising them I only want them communicating with me by USPS. They were nasty, rude, condescending, and just plain not nice. When I told the jerk I was talking to that I was going to contact Florida's Attorney General's office after I was through with him on the phone, his response was to ask me if I was going to contact them and tell them I wasn't paying my bills. The call ended right there.

And even if I wasn't worried about resetting the DOLA, I would not just send money to them willy-nilly. It would more than likely become "lost" in a black-hole somewhere and I would never see it again. The only way they get money is if I have an agreement in writing from them. Period.

Posted: Sat Jan 26, 2008 8:51 pm Subject:

I seem to forget when I am off of work and when I am on and I tend to leave off a few important pieces onto my advice.

If the debt is within the SoL I believe it is important to send in what you can when you can because if the size of the debt is enough you could potentially be taken to court for what could be considered as a refusal to pay.

If the debt isn't in the SoL then I feel that if you can't PIF/SIF off within 3 months or right away then it's best to wait until you can.

Posted: Sun Jan 27, 2008 12:56 am Subject:

I know what you mean FYI. As to sending out DV letters, that's why I would always start with "This is not a refusal to pay". If the SOL has run, and it is owned by a debt buyer, I would say don't pay them anything, but we've had our arguments over this before LOL.

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