Just received a call from Mr Martin at Law offices of Attorney Frederick D Kelly from the best i could understand. He called from 713-780-8900 and told me to call back at 866-780-8900. However, he did not reference what account he was calling about. Just said he was calling to bring me up to par on what actions they were planning on taking in the next couple of weeks.
I am currently enrolled in debt settlement program and payment have begun.
I dont recall receiving anything in the mail and this is the first i have heard from them.
What should i do?
Thanks in advance for the advice.

[david]

Call back the number and know the account for which they are intending actions against you. They should not take any actions if you are regular on your payments. I will suggest you to talk to your counselor and insist him to handle the collectors. The company must be having some papers signed with the law office and based on the contract, you can't be threatened legal actions.

Get proof of your payments made towards this account. Also, get a copy of the contract signed with the company. These are important details that will make your defense stronger.

Mr Martin was very nice, which was a nice surprise. He was calling about a payday loan from moneytree. I havent heard anything from moneytree or anyone related to this in over a year. They still have a SC address which i dont live there anymore. I asked him for an address so i could send a validation letter, and he said i could send all the letters i want, and they wouldnt respond and it wouldnt hold up turning the paper work in and that they would proceed with the stricted actions possible. He stated in texas they could file criminal action and didnt know what they could do in SC, or TN where i am now.
He said i owe 1480 on a 300 dollar payday loan.

I have also talked to the debt settlement co. i am with and they said they will follow up.

Should i wait to hear back from the settlement co. i am working with?

[john]

The company must send you the validation details after you have requested them. They can't ignore it otherwise it will result a violation of the federal law. Send your letter through certified mail with return receipt requested. This will cover your base legally. If the company is not giving you any information, search them in the BBB.

Let your settlement company handle the matter in their way.

Last night I received a call....

My son called me in a panic that a warrant was issued for my arrest and that I was going to be taken to jail for fraud!! I'm like what are you talking about and obviously tried to settle him down... Eventually, after settling him down, I checked my messages on my cell phone, I also had a message from the same guy that contacted him earlier, with the same threats and accusations, which I saved on my digital recorder for later evidence.....

I still dont know what he is even talking about. Needless to say at this point, I was livid. I call the number that he demanded with his threats of imprisonment that I call. When he answered, I told him who I was and that I was recording the conversation and he proceeded to tell me "I told you not to call me".. I'm like no you didnt, you just left a message last night with my underage son and on my cell phone about some monies that were owed. He was tring to get off the phone as quick as possible, and I said what now that this is being recorded, you no longer want to talk... what up? And he proceeded to hang up, like he was the victim.... joke!

I can tell you that this office is in violation of several state & federal debt collection acts. He called my house in Iexas, I work in Los Angeles, and proceeded to tell my kids how their Father was going to be arrested and committed fraud, etc, etc... disclosing information to a third party, being abusive and making threats, no validation of any kind given to me, etc...

For one their are Laws that govern collection agencies such as the Texas Debt Collection Act, which any conplaints or violations should be reported to the State Attorney, as well as violations under the Deceptive Trade Practices Act, as well as several violations in the FTC under the Federal Trade Commission's Fair Debt Collection Practices Act.

I truly believe that if you just do a basic search, you'll find that the tactics and threats that these types of companies use are Illegal and need not go un reported.... Just look up the Acts above and it will all become clear.... You have more rights then you know, so stand up to idiots such as this guy and let them know after you tell him that the call is being recorded that your not going to take this kind of abusive, harassing behavior... period!

Good day and I hope this helps you as it has helped me...

I have had a similar circumstance take place over the last two days. Calling my mother and threating her and my sister. I did today contact the "firm" to ask questions and the investigator was extremely nasty. He had earlier in the day threatened to issue "warrants" in a voicemail left on my cell and at my place of employment. Which of course he later denied.

He stated that I owed 1,500 on a 300 dollar loan from 2 years ago but he would settle for 1,288. I haven't heard a thing from anybody in two years and then this starts.

When I starting asking questions he told me not to contact the office again. Also, when I asked for validation of the loan/monies he said he would send it to me. Then said "forget everything, I have been doing this for 27 years, and I am prepared to see this thing through to any extent I can." Denied ever calling my mother or work and then hung up.

all of it is just a lie, they cannot do anything to you!!! dont even sweat it, they make commission and want you to pay so they can get paid!

[Tiffany99]

Whattodo - I had a credit card account with BOA that they charged-off and turned over to Frederick Kelly's office. "Mr. Martin" was the same man I dealt with, too.

Like you, I was also in a debt settlement program and had made quite a few monthly payments already. But, please be advised.....just because you are enrolled with a debt settlement company and have made payments according to their plan, this will not prevent you from being sued by your creditors or the collection agencies that may have acquired your debts.

debt settlement companies will tell you it is rare that you will ever get sued, but this is totally false. I know this from experience. I sent a debt validation letter to Mr. Martin, and never heard from him or anyone else from his office again.

About six months later, I received a collection notification from a law firm based in my state, which informed me that Frederick Kelly's office had turned the debt over to them. I again validated the debt, but just over 30 days later, I received a summons from my local court, advising that the new collection law firm was suing me for judgment.

So, I would be very careful.... If you are in a position to settle this particular debt for less than the amount owed, I would deal directly with Kelly's office rather than relying on your debt settlement company. This way, you'll know exactly what is going on, and can be assured that you are in control of the situation.

Has anyone heard from him recently and if so.. do you know how that I may reach him? It appears that he has now moved from office to office and is no longer at his last know residence.

Any help on this would be very much appreciated.

THEY HAVE MOVED AND CHANGED THEIR NAME TO ACQUISITION RESERVE SYSTEMS. THEY MUST HAVE DEVELOPED A HORRIBLE REPUTATION.

Never ever pay anyone but an original creditor...debt buyers never have the information and docs to successfully prosecute and win. Always answer a summons.