KLG
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Sub: #161
Replied on 09-10-2009, 12:31 PM
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I have reported them to the FTC and Florida Attorney General. I also have my lawyer investigating them and any companies they have in adition to HPC. I told them I knew the FDCPA and that pissed them off. They told me to pawn my belongings or have my mother get a pay day loan because he would have his money by 1pm or I would go to jail. It is 3:29 and no cops here and the SOB didn't get a dime from me! In my state it is illegal to persue legal action for a credit card debt over 3 years old and BTW, I paid it off in April of 2006. Jokes on them!!! lol They tried to charge me over 700 dollars. My credit card limit wasn't even that high!!!!



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Sub: #162
Replied on 09-10-2009, 09:10 PM
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Too bad you didn't have that phone call recorded, you could have taken them to court and sued them for $1,000 plus possible court costs and attorney fees for the blatant FDCPA violations.


OMG!!!
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Sub: #163
Replied on 09-11-2009, 08:06 PM
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I thought i was the only one..this is the first collection agency i've dealt with that were VERY RUDE!!!Here i am trying to exlain my situation being that i juss recently lost my job and was on unemployment..the representative ext 130 was yelling on phone saying that i was lying and was juss full of excuses...I told her to lower her voice then to be quiet..she then hung up on me...about half an hour later she called me back and tryed to scare me naming the king county court and what not...i then told her off that for a 200.00 bal how could i possibly go to jail for n it hasn't been a month nor was i contacted for this balance ever...again as i was talking she kept saying i was a liar n i couldn't take it anymore so i hung up...I was patiently trying to work a payment arrangement coz who would want to ruin their credits?? but she was juss too rude n was very agruementative...anyway, i'm doing some research about these folks i will pursue further if possible n if continue to be harrassing to customers...because of 10yrs in customer service we never treat customers like this...their's no way people would want to pay back or cooperate if this is how they treat their customers...

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Sub: #164
Replied on 09-11-2009, 08:55 PM
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In responce to above post.
Record... record... record. Record them harrasing you without them knowing and record them with informing them you are recording. Chances are they wont believe you are recording and still harass you. Sue them. Most likely the judge will dissmiss the case.
See the thing is you dont have to know the fair debt collection laws to do collections. 90% of the times they are just thrown on the phone handed a list of debtors and let loose. Result unfair practice. I cannot stress record the cnvrstion enough. They cannot say the threats did not happen if it's recorded. ( If you just tell the collector DO NOT CALL ME ON THIS NUMBER ANYMORE. By the fdc if another call is made it is harrasment)




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Sub: #165
Replied on 09-12-2009, 05:15 PM
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Mex....you might want to make sure that you're in a 1 Party state before recording calls. If you're not, then you must inform them. Also, telling a CA "DO NOT CALL ME ON THIS NUMBER ANYMORE" is not binding per the FDCPA unless they are calling you at work and it places your employment in jeopardy. Cease Communication must be in writing.

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Sub: #166
Replied on 09-13-2009, 12:04 AM
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Yes thats why i say record without knowledge and than record with knowledge. So that way your base is covered caus if you dont need to inform you have evidence and tell them and record so that way you have both bases covered.
As far as you telling them not to call. How do they know they havent called a buissness line? All a debt collectors job is is to just inform the debtor that a debt is owed (per phone call, letter. etc. etc) So if they contact you they have informedyou of such correct? So if you say hey dont call me any more on this number do you really need to be specific and give them reason to not contact on that line? NO cause they have already informed you of debt with there company correct? So from that point on wouldnt contact by that means be considered harassment? Cause obviously the phone caslls on that line are an inconvieniance to you in one way or another (work line or not) Sowhat would the means be to call that number besides to annoy you enough to hope you will pay the debt. Woldent that then be considered a form of harrassment? And therefor be a violation of the fdc?


Last edited by mex_31; 09-13-2009 at 12:07 AM.



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Sub: #167
Replied on 09-14-2009, 09:03 PM
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You're making too many assumptions with your senario. The only time it would be a violation would be if:
a) You have sent them a Cease Comm letter and they continue to call after receipt or
b) they have received a timely DV request and have not validated the debt. A timely DV would be one that was sent w/in 30 days of receiving the initial dunning letter. They have no time limit to respond but must cease all collection efforts until validation is provided.

Verbal cease comms are not binding, recorded or not, unless they are calls to your employer and it places your employment in jeopardy. Read Sec 809 of the FDCPA

ANONYMOUS GUEST
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Sub: #168
Replied on 11-10-2009, 11:17 AM
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First of all i recieve a call at my job from and eric ross he was very rude to my boss stating let me speak to her .and my boss was like shes off today but i can leave her a message, and he replied no i need some type of number for her and shes like i can't give out her personal info and he was fumming mad. He said to her well let me leave u my number for her and he did so i called him and he was so freaking rude sayiny that u took out a payday loan and didnt pay it back and we need the money that u owe to us or youre going to jail with no questions ask how ever i automatically freak out and i was like dude i dont have 500.00 dollars just like that im pregnant about to deliver my baby in 2 months and go out on maternity leave, he said to me so wat we need this payment or u will be prosecuted, and i was so scared he then said well come up with 200.00 dollars by the next day and i did and he set me up with payment arrangements for the rest of it for the 397.00 for the 14th of november and now times are so hard i cant even make the 397.00 payment cause im close in my weeks to deliver my baby and ive been calling him to let him know that and he's never at his desk , cause im willing to clear up the debt but if there willing to accept 175.00 on the 14th of nov that would be great cause i cant do the whole thing.but reading all of yall testamonies really starting to wake me up about this company and they will pretty much get it when i get so people wish me luck. Cause there very rude and unprofessional.

Mr.G
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Sub: #169
Replied on 12-01-2009, 06:07 AM
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I'm glad I came here looking for info. I just recently defaulted on my checksmart and payday advance loans, $600 each. I had to stop payment on the checks, to pay my rent, late fees and court cost to prevent eviction, so I had to due what a man had to do, even shut down the cells phones temporarily. However based on all the info I have read here I am going to see if I can just work with the store fronts here in Michigan. Someone from 866-354-0567 did call me and left a message to call them immediately, but I don't need the stress and its only been a week sense by defaults. My first time here, thanks everyone for the post, all were very helpful!!! Worst case here in Michigan its a misdemeanor for check fraud under $1000 (if its even determined to be fraud to begin with) so check your state laws. It is a civil matter, and they have to spend money to sue you so its highly unlikely they will do that; its cheaper for them to call you everyday!!!

Bland Ding
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Sub: #170
Replied on 12-16-2009, 07:50 AM
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Kellar, King & Associates, Inc.
aka/Legal Mediation

Donavin James Warren, Owner (Melissa)
8121 Fieldside Drive W. (residence)
Jacksonville, FL 32244
DOB: 9/23/1973

Glenn William Connelly
12708 Wedge Court (residence)
Jacksonville, FL 32225
DOB: 1/09/1969

Office:
1636 Shadowood Lane, #160 (Mail drop box)
Jacksonville, FL 32207

Physical Location:
1919 Blanding Blvd Suite 4,
Jacksonville, Florida 32210

Phones:
866-655-5560
904-672-1814
904-672-1810
904-672-1813

eyeroll_queen
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Sub: #171
Replied on 02-08-2010, 02:31 PM
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this company is so bogus. i am a refrence for someone and they keep calling me over and over. i work for a colection co and know they can not do this, it is illegal to call refrences over and over. i have told them i gave my brother the mesg and thats all i can do. they call my phone leaving explicit mesgs for him. i have talked to my brother who has tried to get in contact with them. they will not return his call, yet they leave me mesages stating he has 24 hours to pay or go to jail. they can not make him go to jail they are nothing but a bunch of liarers who try and use scare tactis to make people pay.


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Sub: #172
Replied on 02-08-2010, 04:09 PM
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Sounds like you and your brother both have pretty good FDCPA cases against these jackasses. You for harassment / repeated calls, and him for pretty much everything.

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The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]

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Sub: #173
Replied on 02-19-2010, 11:35 PM
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i did research too a filed an online complaint.location: h&p capitol,inc 1919 blanding blvd suite 4 jacksonville ,fl,32210

mailing- 3863 pine villa drive ft myers,fl,33912

regestered agent- gary henrion
caller id # 877-285-8688

im new to the sight but you guys got me fired up...hope this helps

Kristinaaa
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Sub: #174
Replied on 03-12-2010, 08:57 AM
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Random question how do I go about checking my rights in the state of TX....like how do I find out if I can record conversations, if H&P is legal to collecet in my state etc.

Anonymous
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Sub: #175
Replied on 03-29-2010, 08:13 AM
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Received a call from a Mr. Rogers this morning at work and told me that I was going to face jail time because of writing a bad check to a payday loan place that because of hard times I was unable to pay off. Told me I had till 1pm to go and wire them the money I owed them and call him back with my reference number, if I didn't do this then this week was going to be a very long week for me and I would be going to jail. Seriously can they do this?!? I'm a single mom who is barely making it and there is no way I can come up with the money by 1pm!

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Sub: #176 h&p capital
Replied on 04-08-2010, 07:50 PM
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I too got a phone call today, they made threats to my daughter about me. when i called them back, a dan farrah i explained my situation he said let me find out if we can let you make payments he put me on hold a man came on the phone and told me that i had til 1:00 pm to make the debt right. i tried to talk with him he got rude and hung up on me. i was shocked. i tried to call back and to my amazement the same man picked up recognized my voice and said there was no discussion needed, and hung up again. i called ace cash express where i got the pdl, and they gave me the number to cooperate i spoke with a manager over there she put me on hold came back and told me to call a man by the name of tim hoffman, and he would take care of the problem. when i spoke with him i informed him that the man had said that i was going to jail if i did not pay by 1:00 pm he then asked what icould afford to pay that would be reasonable i explainedto him that i was unemployed that was the reason why i had not paid. i told him i could not do it today i have no one to ask for the money. anyway he told me to come up with something and call him back tomorrow, he would give me the info. where to send it. so when i got off the phone i got on the internet and looked up the laws for pdl. i then found the website for www.flofr.com i called the phone number and he advised me to not even call him back, and to file a complaint on line. which i did. do you believe i am doing the right thing by not addressing this matter. yes i do owe the money, i am not denying that, but right now my rent and lights are more important.




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