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Originally Posted by Anonymous
We both live in Texas, he still lives at home, he was gone for a few years but it's too expensive.
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OK... Texas is a good place to be, when dealing with something like this. That's because Texas state laws on debt collection have some real teeth in them. Federal laws are pretty good, too.
One reason I was inquiring where you live was to check the phone call recording laws in your state. Good news, Texas is a 'one-party' state, which means that you do not need consent from the collector on the other end of the call before you record his antics for evidence.
Start recording the calls from these idiots. They'll make your case a lot stronger. Your son can likely figure out the details of how to record calls from the folks at work. Or I have a guide I wrote on the subject, which I'd be happy to send you.
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Originally Posted by Anonymous
He last paid in February. This information was provided by the IFP employee. Later by my son... interesting huh?
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February? Bummer. That lets out using the statute of limitations as a defense. In Texas, that's four years. Does your son remember making a payment in February, or was he just 'reminded' by the collector? This is important.
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Originally Posted by Anonymous
One other tidbit I am not sure I understand, it may or may not be important.
The call I got had the caller ID = IFP INC. When I called back to see who or what company this really was. First thing when they answered the phone was. "This is Mike" when I asked which company this was, the guy stuttered and finally spit out, "Integrate Financial Partners Corporation" which really is Integrity Financial Partners INC.
When I asked my son to call Best Buy and ask if they had really sold his debt and to which company, he said Best Buy said to "Sherman Financial" which is also the same name that appeared in his caller ID when he got the first call.
When I asked the employee Ms J at IFP INC why her company was not Sherman Financial since this is the name Best Buy had given us. She said that Sherman had tried to collect the debt for a few months but they were never able, so they hired IFP to do it.
Whether Sherman ever contacted my son, I don't know, he only knows.
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That is an important tidbit. It's good to know your enemy.
Sherman is one of, if not the, biggest junk debt buyer around. They sit at the center of a spiderweb of debt buying companies, collection agencies, affiliated companies, and dubious law firms that would take a team of attorneys weeks to unravel completely. Some of their better known and less loved faces are LVNV Funding, Resurgent Capital Services, and
MRS Associates. All of these are serious bad news, because they seem to have no respect for law or ethics at all.
Sherman and LVNV rarely collect on things themselves. Their favored MO is to farm it out to one of their multitude of shell companies. Then, when a consumer demands validation, they yank it back and farm it out to a different company. We have a moderator on here who did this dance with them. I don't remember how many times they farmed it. A dozen or more, probably.
What your son wants to do, assuming he fights this through himself, is send a demand for validation to
both Sherman and IFP. That should keep them from farming it out again. Worked for me, anyway, when I was dealing with LVNV for my wife. We were first contacted by some thug from MRS Associates. When I DV'ed them, LVNV yanked it, and farmed it out to Resurgent. When I DV'ed
both of those, it went away.
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Originally Posted by Anonymous
But I wonder how much IFP actually paid for my son's original $1200.00 debt. Although I think his original purchases were a lot less than that. That is outrageous interest rates and late fees attached to them.
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Sherman probably paid somewhere south of twenty cents on the dollar of face value for your son's original debt. Then they tack on all manner of outrageous interest and fees, and try to collect the whole thing. Thing is, they're only allowed to tack on all that crap if the original contract authorized it. Otherwise, they're limited to whatever interest rate is allowed under state law. Typically, that's about 6%.
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Originally Posted by Anonymous
I wish companies first understood that by adding 10-20% every month to the balance just makes people either not be able to pay or just quit paying. If you can't, you can't. So they just loose out on getting anything at all.
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They
do understand. They simply don't care, is all. Debt buying and collection is a multi-billion dollar industry in this country. That's a lot of salad up for grabs.
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Originally Posted by Anonymous
Second I wish the law about not giving credit to anyone under 22 without a parent permission and especially without a secure job at that age be passed. I heard some talking about that but I am not sure.
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Believe it or not, I'm against that law.
Young folks have to grow up sometime. And frankly, if a young person is old enough to vote, and serve in the military, then they're likely old enough to exercise the other rights and duties of an American citizen. That includes watching their own money. Thing is, most young people (and a lot of older ones) simply don't know how. There's a lot more to it than saying 'pay your bills, Junior.' You're seeing some of that now.
What I'm pushing for here in the Granola Republic is to make personal finance a required subject in high school. Let's take these kids and give them the knowlwdge and tools to manage their money before they hit the age of majority. That would nip a lot of the problem in the bud, at minimal expense to the state / taxpayers.
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Originally Posted by Anonymous
It has been a lesson, for me and my son. He was threatened that they would involve his work place, scared him to death.
They were able to make me, ME! cry over the phone, they certainly are con artists, manipulative cretins, bottom of the swamp feeders.
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Pissed off, are you? Good! That's gotten you here, and gained you the knowledge to start making a real difference. Take what you've gained here, and pay it forward by helping anybody you can. That's our return on the investment we make by helping you.
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Originally Posted by Anonymous
I thank you all, he will be going to the bank this morning and to the post office to send the letter. We will also contant NACA for sure.
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National Association of Consumer Advocates website.
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Originally Posted by Anonymous
I still need to look for a template, although I think I understand what I need to ask for.
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You need a good DV template? I have one laying around here someplace. You want?