Harvest Credit Management is screwed!
Fast forward to this year, I get a mysterious voicemail from 'John Vick' from Nationwide DMS saying that my case was forwarded to his desk for 'Final decision'. I ended up talking to him on the phone and he informed me that he was collecting on behalf of Harvest Credit. BOOM! Now i'm gonna sue Harvest for violating the settlement agreement. Also maybe gonna sue Nationwide for violations (none of the voicemails identified themselves as debt collectors and John Vick hinted that he was a lawyer)
It's gonna be fun sticking it to a collection agency :D
wait a second emeril
a couple of questions before you get legal on their asses.
1)are you in a state that allows you to record without their knowledge,or consent.
2)if so did you record this.
if you answered yes to those then yes get that suite going,but if you answered no to even one of those better back up and compile proof first.the message was basic ho-hum typical bottomfeeding stuff.when you talked to this idiot i hope you knew about your state's laws in regard to the recording of calls as you did successfully sue harvest before,but i want to be sure.
Hi Paul. I have the voicemails stored on my phone. But as far
Hi Paul. I have the voicemails stored on my phone. But as far as the conversation with John Vick, I did not record the phone call because when he called, he caught me off guard. I'm talking to my lawyer next week and we're going to bust Harvest because this is actually the second time they've tried to collect (last year they used RPM).
okay now
for one thing if you have docs detailing the agreement with harvest then you have them on more than FDCPA violations here.if you do have that proof take them out to the woodshed,and slam em good as they deserve it.
oh yeah, I have the signed mutual release agreement with Harvest
oh yeah, I have the signed mutual release agreement with Harvest and it clearly states that they will never try to collect again and will not sell the debt they are definately busted!
Just thought I would post an update I have two different lawye
Just thought I would post an update
I have two different lawyers working this. One lawyer is going after Nationwide for FDCPA violations and another lawyer is going after Harvest for breach of contract.
that works
yeah breach of contract sounds right.get both of these bottomfeeding knucklescrapers.
Another quick update. The lawyer that is going after Nationwid
Another quick update.
The lawyer that is going after Nationwide knows its a slam dunk case but doesn't think they will pay up. But we're going to go forward anyways.
As for Harvest, we are going to have some fun with this one. We're going to sue for a ridiculous high amount of $20,000. I know it's crazy high but hey, how often to collection agencies inflate their amounts? Obviously I will settle for a lot less then that but it will be fun for a CA to get a taste of their own medicine :D
Hang on a minute--I am a little curious on this one. The Harv
Hang on a minute--I am a little curious on this one.
The Harvest issue, thats a slam dunk. Youve got them on that one.
The Nationwide, though? What exactly did they do that violated anything? You said that they did not identify themselves on a voicemail--they are not required to. In fact, a lot of debt collectors will not identify themselves on a voicemail because some people have claimed that a debt collector identifying his company on voicemail discloses the reason for their call--and that HAS been sued upon before. Its the reason why many debt collectors do not choose to leave voicemail messages at all. You said he hinted at being an attorney--without knowing what exactly that means, I cannot see a violation here. Also, what state do you live in? You said you didnt record the call--it may not be legal for you to do so without informing him at the start that you are doing so. Please elaborate for us about these violations. Certainly they are not in violation for trying to collect this debt--they are not bound by the agreement you have with Harvest.
EDIT--here is a provision from section 806 of FDCPA--this is something they CANNOT do:
Quote:
Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller???s identity. |
One could very easily argue that since he left a phone number for you to return his call, then he performed "meaningful disclosure" of the company's identity. It isnt like you asked and he refused to identify the company.....
I agree Skydivr.....as a former debt collector that was rule num
I agree Skydivr.....as a former debt collector that was rule number 1....do not leave a company name and do not disclose that you are a debt collector.
A typical legal message is.... :This is a message for Mr Owesalot...please call Mrs Collectsalot at 800-222-5555. I will be in my office until 9 pm your time tonight. Thank you.
yeah
i thought the nationwide is a shot in the dark,but i was commenting on the harvest voilating an agreement in writing.that as skydiver said is a slam dunk.they are something else...literally.
ok, to clarify here's what we're going after Nationwide for and
ok, to clarify here's what we're going after Nationwide for and I actually had two different attorneys agree with these
1)15 USC 1692e(5) Threatening to take an action that cannot be legally taken or that was not actually intended to be taken
2)15 USC 1692e(10) Using false representations and deceptive practives in connection with collection of an alleged debt
3)15 USC 1692e(11) Failing to notify during each collection contact that the communication was from a debt collector
Here's a small excerpt from the voicemails 'You might want to have your attorney contact me'
Quote:ok, to clarify here's what we're going after Nationwide fo
Quote:
ok, to clarify here's what we're going after Nationwide for and I actually had two different attorneys agree with these 1)15 USC 1692e(5) Threatening to take an action that cannot be legally taken or that was not actually intended to be taken |
You must have proof to win on that. If you have a recorded phone call, you would be on to something. But so far, in here, you have not shown anywhere near enough to prove this claim.
Quote:
2)15 USC 1692e(10) Using false representations and deceptive practives in connection with collection of an alleged debt |
Again, what proof do you have? It is not at all wise to drag a company into court and accuse them of these actions just because of what was said on a phone call that you do not have on tape. You are pitting your word against the word of a company and their corporate attorneys, in court....and by suing them, YOU ALONE bear the burden of proof. It is not enough to say "well, they told me this on a phone call". All they need to say is "produce your proof of this alleged wrongdoing" and your whole case is sunk. I speak from knowledge, I am not trying to put you down. Unless you have something more than "you might want to have your attorney call me", this is not a fight you should be entering into. It will only cost you in the end, and for nothing. If you bring suit, and you lose, they can actually petition the court to make you pay their legal fees....on top of your own.....think about that....
Quote:
3)15 USC 1692e(11) Failing to notify during each collection contact that the communication was from a debt collector |
Again, unless you have a tape recorded phone call, you are going absolutely nowhere with this. They are specifically NOT ALLOWED to make that disclosure on a voice mail--the FDCPA prohibits ANY action by a debt collector that could cause a third party to be informed that you have an issue concerning a debt collector. That is why they didnt leave that on your voicemail....and if they didnt say it on the phone call, how do you intend to prove it?? For real?? I'm just trying to save you some money here....you also need to keep in mind that some attorneys do not care if they win or lose because either way you still owe them their fees in a case like this. If you find one that works on contingency, I would frankly be surprised that they would even consider this case because you have nothing to back it up.
Quote:
Here's a small excerpt from the voicemails 'You might want to have your attorney contact me' |
you've been quoting statutes from the FDCPA...are you also aware that if a debt collector knows you have an attorney, that they are not allowed to contact you? That they MUST deal with your attorney instead? That's in the FDCPA as well. So, the guy saying that comment doesnt in any way mean that he's threatening you, or using any false representations. They are REQUIRED by the same law youre quoting to find that info out because they WILL be in violation if you have a lawyer and they keep calling you instead.
Again, I am not trying to insult, but this is a VERY weak case, its practically nonexistent unless you havent told us everything you have. You are also forgetting something else that is very important--did you actually read the law in question?? I recommend that you go back and review 1692b.....that section will tell you why he could not leave such information on your answering machine. Nowadays, debt collectors MUST treat a voicemail like a potential third party contact and therefore they are not allowed to get into such details. There are a MILLION reasons why someone would tell you to have your attorney contact them, and most of those reasons have nothing to do with debt collection. So unless you can PROVE THEIR INTENT, you dont have much of a case, if any at all. Is there something else you have recorded that you didnt tell us?? That may explain the attorney's willingness to pursue this....
I certainly do not take anything as insulting so you're fine Sky
I certainly do not take anything as insulting so you're fine Sky. I have the voicemails recorded. The attorney that is working on this is working on contingency. I'm actually just spouting off the quotes that the attorney used in their letter to Nationwide about the claims.
Here's another update We have added negligence to our suit aga
Here's another update
We have added negligence to our suit against Harvest. When my attorney spoke with Yale Levy, he admitted to her that my file was marked erroneously which is why I was being contacted by debt collectors. He also told her that if I don't settle out of court, he will not be representing the three collection agencies in the lawsuit.
do not back down
as for harvest.they are evil,stupid,and ignorant.if they weren't they would not have bought the bogus suit in the first place.they do things like this delibrately.as for the voice messages.are you in a one party state?if not those might not be admissable as evidence.just be sure on that,but take harvest out to the woodshed.they deserve it like nobody's buisness.