| Message |
Author |
 Posted: Wed Apr 02, 2008 11:57 am |
|
|
This is a long story but bear with me.
I had numerous debts that I was using a credit counseling company to handle the debt. The last time I dealt with the credit counseling company was in 11/2003. I stopped using the program because I was unable to make anymore payments. In 2005, I had the funds to pay off all my debt. I contacted the creditors/collection agencies and paid my debt, except one company. I called the collection agency and left messages but they never returned my calls. I called the original cc and they said it was referred to a collection agency, the same one that would not call me back. Finally, I found out it went to another collection agency in 2005. I asked the new collection agency several times to mail a statement to me but they never would. They only wanted me to give them my account information so that I could pay the debt over the phone. They sent several letters after that though saying I could settle the account.
Fast forward to 2008. A new collection agency acquired this account. They call my house daily. They also have called my sister at her house twice looking for me. I have talked to them only twice. The first time I told them I would call them back after I did my taxes. I admit, I did not call them back because that tax money went to other bills. The second time I talked to them, on 03/31/08, I called because I wanted to set up payment arrangements. The first gentleman I talked to said it would be too late for me to make payments (I wanted to start 05/02) that they would be in court by then. But he said if I can make a payment in the next few days, they can stop the court. I said I was unable to do that and he put me on hold. Then another gentleman came on the phone saying a judgment had already been placed and there was nothing he could do. He said this twice then said if I made a pmt today, he could stop the judgment. I asked him how he could stop something he just said he couldn’t but now he could? He began raising his voice and said I pay $100 today, $100 in two weeks then the full balance in another 2 weeks. I told him I could not do that and that’s not what I had told the other gentleman. He said the form they sent me was a legal document (it’s just a letter so I’m pretty sure he was lying – this is the 2nd letter they’ve sent) and that I had 30days to pay the debt. I said it doesn’t say that anywhere on the letter. He said it was a “legal” term and that is what the letter meant. He would never let me speak, even when I asked and was just yelling in phone that they’d see me in court and I had to pay now and judgment papers were already on their way. Next day, the called me again.
Question, how do I handle this collector? I already filed a complaint with the FTC on how he said this letter is a legal document. It’s not the letter they send that says within 30 days you can dispute the validity of this debt. I got that letter over 30 days ago. This one says” our client has referred your past-due amount(s) indicated above for immediate collection. Please mail the full balance to avoid any further action. If you have any question, please contact our office. Our client reserves the right to resolve this in civil court under applicable sate law should voluntary arrangements not be made. You have failed to respond to our previous demand for payment. Our records indicate you are employed at this time. Therefore we have no choice but to assume you have no intentions of handling this matter voluntarily. In our last attempt to handle this without added expensed to your, our client has authorized a settlement….”
by the way I live in California. I pulled my credit report too and this debt is not even listed on there.
|
|
ebyokuri
Joined: 02 Apr 2008
Posts: 13
Debtcc Points: 457
|
|
|
| Posted: Wed Apr 02, 2008 2:24 pm |
|
|
| Quote: | Fast forward to 2008. A new collection agency acquired this account. They call my house daily. They also have called my sister at her house twice looking for me. I have talked to them only twice. The first time I told them I would call them back after I did my taxes. I admit, I did not call them back because that tax money went to other bills. The second time I talked to them, on 03/31/08, I called because I wanted to set up payment arrangements. The first gentleman I talked to said it would be too late for me to make payments (I wanted to start 05/02) that they would be in court by then. But he said if I can make a payment in the next few days, they can stop the court. I said I was unable to do that and he put me on hold. Then another gentleman came on the phone saying a judgment had already been placed and there was nothing he could do. He said this twice then said if I made a pmt today, he could stop the judgment. I asked him how he could stop something he just said he couldn’t but now he could? He began raising his voice and said I pay $100 today, $100 in two weeks then the full balance in another 2 weeks. I told him I could not do that and that’s not what I had told the other gentleman. He said the form they sent me was a legal document (it’s just a letter so I’m pretty sure he was lying – this is the 2nd letter they’ve sent) and that I had 30days to pay the debt. I said it doesn’t say that anywhere on the letter. He said it was a “legal” term and that is what the letter meant. He would never let me speak, even when I asked and was just yelling in phone that they’d see me in court and I had to pay now and judgment papers were already on their way. Next day, the called me again.
|
First and foremost, can you let us know what collection agency this is? It sounds like one that is using illegal collection tactics. Giving us the name of the company will be a big help.
Now, let's address the things he told you on the phone.
"Judgement already placed" - I doubt it. If they had attempted to get a judgement against you, you would have received papers from the court in the mail. You would have been given ample notifiction of a court date, and you would have had to NOT show up for that court date in order for them to get a default judgement against you.
"It's too late for payment arrangements -see you in court!" This sounds like a National Enterprise Systems (NES) statement. Look up this collection agency using the search engine here on the site - they're bottom feeding scum. They buy up old debt files (that either don't exist or are already paid, in most cases) and try to collect on them. Very illegal. And they're VERY fond of using scare tactics just like this one to get you to pay.
You did the right thing in reporting this company - but go one step further and contact your state's attorney general or the governing body that protects consumers in your state. Complain to them as well - make sure you tell them that this company is threatening to sue you, but apparently has no intention to - that's a huge violation of the FDCPA.
_________________
A journey of a thousand miles begins with a single step...and becoming debt free is a journey!
|
|
SUEBEEHONEY70
Moderator
Joined: 12 Oct 2006
Posts: 4318
Debtcc Points: 56062
|
|
|
|
JCEMT
Moderator
Joined: 10 Sep 2007
Posts: 2884
Debtcc Points: 26469
|
|
|
| Posted: Wed Apr 02, 2008 3:37 pm |
|
|
the ca is "the law offices of paul j coleman" based out of MA, or at least that's the address on the letter.
I just sent them a debt verification letter and asked them to stop calling me, certified mail and return receipt.
They just called me again today. I don't even know what to say to them when I call back. Should I be getting a lawyer?
this has stressed me out so much I didn't even sleep last night.
|
|
ebyokuri
Joined: 02 Apr 2008
Posts: 13
Debtcc Points: 457
|
|
|
| Posted: Wed Apr 02, 2008 6:29 pm |
|
|
Maybe I made a mistake but I called the ca back today. I've had a judgment against me before and I didn’t want another one.
So I called and after talking to one person, was transferred to another who identified himself as a litigator with the agency. I did get his name. He asked me basically if I was planning on taking care of this and I told him about my conversation two days before with them but he said he knew nothing of it. He said he would talk to that employee in the morning and apologized for their behavior. He said that according to their records, the last I had talked to them was Feb and I had not followed through with my agreement. He said their calls were recorded so they had record of my conversations. I said then maybe you should listen to the conversation I had on 03/31 and see what your employee said to me. I said I had already reported them to the FTC and was going to report them locally also. He said that was besides the point that there was a debt that needed to be paid. He said their employee was not using scare tactics on me. I then let him know I had sent a debt validation letter and he said that they were not legally bound to respond to that letter because 1) they were NOT a collection agency, but a law firm and law firms do not have to and 2) it had been way past the 30 days they had sent me the dispute letter so they were not going to respond to my request. I asked him, “So you’re not a collection agency?” He said “No, we are a law office.” He went on to say if you raise a lump sum over the next month, I can give you a better settlement offer than you were offered before. I said I could not do that. He said if I did not make some sort of arrangement, they would have to proceed with taking this case further. He then asked my proposal and I said $100 month, what I had asked for before. He put me on hold then came back and said they would put me on a voluntary hardship program to pay off the $2486 at $100 month. I agreed. He said he needed to get postdated payments today so that he could fax them to their client to show that I was going to pay. We set up the pay dates for the next 6months and he said I would be receiving a statement showing they would be taking out this money. I asked at the name for him to state his name and title. He said his name but he said this time he was in the litigation department (not a litigator like he stated before).
I probably made things worse by agreeing to this but at the same time, like I said, I did not want to have a judgment placed against me again. Is there anything I can do at this point? I'm trying to look up the address of the business to see if they are a law office ca but I can't seem to find anything exact.
it is The law office of paul j coleman
999 broadway suite 202
Saugus, MA 01906
|
|
ebyokuri
Joined: 02 Apr 2008
Posts: 13
Debtcc Points: 457
|
|
|
| Posted: Wed Apr 02, 2008 6:43 pm |
|
|
| Quote: | | he said that they were not legally bound to respond to that letter because 1) they were NOT a collection agency, but a law firm and law firms do not have to |
Bullsh*t! Third-party collectors are required to abide by FDCPA, period. It doesn't matter if they're attorneys, CAs, or fly-by-nights working out of their mom's basement. Or 'litigators', whatever those are. Actually, that sounds like a scary word dredged up to make unsuspecting consumers think you're a lawyer when you aren't, while [hopefully] staying clear of the spanking that goes along with unlicensed practice of law.
You may well have made things worse by aggreeing to a payment plan. We'll see what the experts say.
Question: Have you been recording all calls with these 'people'? If not, why not? I think that 'litigator' title might just turn around and bite them. A recording would be nice...
_________________
-
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
 Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
|
|
unclewulf
Moderator
Joined: 27 Nov 2007
Posts: 2092
Debtcc Points: 17752
|
|
|
| Posted: Wed Apr 02, 2008 6:56 pm |
|
|
I have not been recording the calls. I looked up the law for CA, I have to tell them I'm going to record. I don't even think I have a recorder but I'm going to pick up one tomorrow and give him a call back. is a recording the only way to catch them in their lies?
when I questioned him about not sending me a response to the dv letter, he quoted some law FTC stating they weren't required to.
Like I said, I got scared about a judgment against me.
|
|
ebyokuri
Joined: 02 Apr 2008
Posts: 13
Debtcc Points: 457
|
|
|
|
|
| Posted: Wed Apr 02, 2008 7:01 pm |
|
|
Not sure what to think about this:
http://www.pauljcolemanlaw.com/index.jsp
They have a website, but it appears to be nothing but a shell. They have listings on whitepages.com as an attorney's office. I checked BudHibbs.com for their name, but they were not listed as a collection agency to avoid. A Google search turned up something interesting though:
http://800notes.com/Phone.aspx/1-866-485-9708
You need to go to the link above and READ ALL THE NOTES POSTED THERE ABOUT THIS "LAW OFFICE".
I also found a page on Google that referenced an interesting case...something about The Law Office of Paul J. Coleman and FDCPA violations....but the page was gone when I tried to access it.
I'd like you to stop and think about something. Their other employee claimed a judgement had already been placed against you. He yelled at you and claimed judgment papers were on their way. He said it was too late for payment arrangements - yet they keep trying to get you to set up payment arrangements. I wouldn't let these guys fool you - even if they are hiding behind some lawyer's name, they ARE acting as a collection agency. They've accomplished their purpose - getting you to agree to a payment arrangement by strong-arming you into it with legal threats.
Did you give this company your bank account info? If so, my advice would be to cancel any and all debits from your bank account, report this company not only to the FTC, send a complaint to your state's attorney general by phone if possible - talk to someone in their office and explain what this "law office" is trying to do. It appears they are very busy trying to scam people lately.
_________________
A journey of a thousand miles begins with a single step...and becoming debt free is a journey!
|
|
SUEBEEHONEY70
Moderator
Joined: 12 Oct 2006
Posts: 4318
Debtcc Points: 56062
|
|
|
| Posted: Wed Apr 02, 2008 7:05 pm |
|
|
Recording isn't strictly necessary, but it is convenient and foolproof. You'll have to tell them if you're taping, which kinda ruins the surprise, IMHO. You can get by with accurate, detailed notes, if you have to.
| Quote: | | when I questioned him about not sending me a response to the dv letter, he quoted some law FTC stating they weren't required to. |
Like I was saying, I think he's blowing smoke up your ass. Sure, it tickles, but it has no other redeeming value. Give it a day or so and see what the other regulars say, but I think I'm right on this. Or PM LawStudent. He knows what's what with California law and FDCPA.
_________________
-
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
|
|
unclewulf
Moderator
Joined: 27 Nov 2007
Posts: 2092
Debtcc Points: 17752
|
|
|
| Posted: Wed Apr 02, 2008 7:06 pm |
|
|
| Quote: | | Like I was saying, I think he's blowing smoke up your ass. Sure, it tickles, but it has no other redeeming value. |
BWAAHHAHAHAHAHA! 
_________________
A journey of a thousand miles begins with a single step...and becoming debt free is a journey!
|
|
SUEBEEHONEY70
Moderator
Joined: 12 Oct 2006
Posts: 4318
Debtcc Points: 56062
|
|
|
| Posted: Wed Apr 02, 2008 7:08 pm |
|
|
Thank you, Sue, for validating my call. 
_________________
-
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
|
|
unclewulf
Moderator
Joined: 27 Nov 2007
Posts: 2092
Debtcc Points: 17752
|
|
|
| Posted: Wed Apr 02, 2008 7:10 pm |
|
|
I guess I wasn't thinking. I did give them account info but it's not my main account. It's an empty account at another bank (not my primary) that I use when I order things online, etc. Should I go ahead and stop debits coming out of it? They 'said' the wouldn't debit the account till April 30th.
I'm going to contact the DA's office tomorrow. I have already filed a complaint with the FTC but I need to call and update them with more information. Should I go to see a lawyer? If so, what type?
|
|
ebyokuri
Joined: 02 Apr 2008
Posts: 13
Debtcc Points: 457
|
|
|
| Posted: Wed Apr 02, 2008 7:12 pm |
|
|
They said a number of other interesting things, too, didn't they? Block the debits. NSF fees are no laughing matter.
_________________
-
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
|
|
unclewulf
Moderator
Joined: 27 Nov 2007
Posts: 2092
Debtcc Points: 17752
|
|
|
| Posted: Wed Apr 02, 2008 7:12 pm |
|
|
np wulf! Glad to help out. I just was searching all over for any info on this scumbag, and lookie what popped up on the 800 number registry...loads of complaints...all recently dated!
Their modus operandi seems to be:
-buy an old debt file (possibly paid off, but almost certainly out of SOL)
-call debtor, claim to be a law office
-threaten to sue, claim judgement will be placed if payment is not made
-if debtor protests or claims debt is not theirs, start yelling & using strongarm tactics to "persuade" the debtor to give up their bank account info & agree to weekly or biweekly debits from their bank account
and their final step....
-laugh all the way to the freakin' bank with YOUR money.
_________________
A journey of a thousand miles begins with a single step...and becoming debt free is a journey!
|
|
SUEBEEHONEY70
Moderator
Joined: 12 Oct 2006
Posts: 4318
Debtcc Points: 56062
|
|
|
|
|
| Posted: Wed Apr 02, 2008 7:13 pm |
|
|
And you want a consumer lawyer. Try naca.net as a starting point, for a list.
_________________
-
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
|
|
unclewulf
Moderator
Joined: 27 Nov 2007
Posts: 2092
Debtcc Points: 17752
|
|
|
|
|
|
All times are GMT - 7 Hours
1 2 3 Next  |
| Page 1 of 3 |
|
