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Posted: Fri May 23, 2008 6:49 pm Subject: A "law office" collecting money for a PDL? |
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We received a call from an "attorney's" office for a PDL that we took out. The girl's name was Amber. I don't recall the "attorney's" name. She was very nice and I knew that we had taken out the loan and she informed me that she was the "last" step before "litigation". I set up a "good faith" payment of $250 for the following Friday. When someone else told me that I shouldn't let them take anything out of our account without something in writing, I decided to stop the payment and investigate a little further. When she found out the payment was stopped, then she called me and said she was sick of my games and she was not going to go any further with this and I had 15 minutes to call her back before further proceedings would take place. I didn't call her back and haven't heard back from her. When the amount tried to come through our account it came up under "Recovery 1". When I stopped it, they tried to put it back through under 2 different payments (trying to bypass my stop payment). 1 payment was for $1.50 the other was for $249.50 under the name of "Pay my bill". Any ideas on this?
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sbillingsley90

Joined: 23 May 2008
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Posted: Fri May 23, 2008 7:46 pm Subject: |
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the call was from capital recovery associates from niagara falls,ny.amber is just a worker.she is no-one
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hb128
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Posted: Fri May 30, 2008 9:02 am Subject: |
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she left me a NASTY message saying that she is "tired" of out antics and she is going to start mitigation on our deadbeat butts...I wanted to go through the phone and hit her.
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sbillingsley90

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Posted: Fri May 30, 2008 12:50 pm Subject: capital recovery |
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send them aa ceast and desist letter
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hlb128
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Posted: Fri May 30, 2008 1:23 pm Subject: |
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what about paying the money back? They won't take just the amount we borrowed, they want fees and all as well and won't settle for less. And they want it ALL at once. UGH! They bought the loan from the PDL that we had, so does this mean it doesn't have to be paid back or what? I am confused
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sbillingsley90

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Posted: Fri May 30, 2008 2:09 pm Subject: |
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If Amber left you a message with that wording, I hoped you saved it! That little message calling you a deadbeat can make you $1000 on FDCPA violations!
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SOAPLADY
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Posted: Fri May 30, 2008 6:14 pm Subject: |
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Yep I kept it. I kept all messages from her. How would I go about filing a complaint? I'd be interested in making an extra 1000. That would be great! Especially since I hate being called names on a voicemail. It is irritating that she couldn't say that to me person to person. She had to leave me a vmail...
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sbillingsley90

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Posted: Sat May 31, 2008 2:27 am Subject: |
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File a complaint with the FTC and the AG of your state.
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Posted: Thu Jun 05, 2008 8:55 am Subject: |
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Amber called me back and left me another message (I had called and left her a message telling her not to call me and leave nasty messages on my phone). She said that she can leave whatever the heck (not the word she used) kind of message she wants because she is trying to collect money from "deadbeat" people who don't bother with what is right and just in the world and she is just trying to do her "job". She said she'll see me in court that she was sending our case for judgement.
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sbillingsley90

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Posted: Thu Jun 05, 2008 10:29 am Subject: |
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You moght want to discuss this with an attorney. It seems to me that each and every message could be a seperate violation. It also seems that she may have acknowledged the fact that you called and requested that she not call you again and she did. It is best to put the request in writing and send it certified/return receipt requested but as she may have indicated in the message that she can call no matter what you say she may have actually admitted that you made the request. Her calling you back might just be another grand in your pocket. She may have enough violations to cover any debt you allegedly owe.
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BriGuy
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Posted: Fri Jun 06, 2008 6:14 am Subject: |
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That message is a FDCPA violation in itself for calling you a deadbeat and cursing at you. Save the message and you can easily file civil action yourself.
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JCEMT
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