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 Posted: Tue May 30, 2006 4:42 pm Subject: |
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Intimidated, I went back on this forum to review your initial post. You make no mention of the file already being paid, only that you are moving and that the Law Office won't be able to find you, and that you were glad to have come across this forum because the Law Office must be a scam?
I'm pretty sure you won't be providing me with your name, because then we will do a skip trace on you and continue to pursue you for the unpaid balance of your debt owed.
That is unless you just forgot to mention that you had already taken care of this. I handle these situations you see, and if anyone claims to have already taken care of an outstanding balance I simply contact my client for verification. Indeed had this already been rectified your file would have been closed with notes indicating that your file was sent to the Law Office in error.
Please post your real name, and I will share the truth with everyone.
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Guest
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| Posted: Wed May 31, 2006 5:55 am Subject: |
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I think before any of us post ANY personal info, why don't you tell us your name? And a contact number? Oh yeah.....you are afraid we all would contact you.
And like Intimidated said: why haven't you answer his questions? Or mine? I gave you a choice or either question to answer, but you choose to ignore both. With actions like that, it certainly seems like you are hiding something.
Let's take a close look at the Fair Debt Collection Act, shall we http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
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Article 809
Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
You said it yourself, guest - you are in the collection services business. By law, you are required to send a written notice with the debt amount and the creditor's name. So by that simple fact alone, you and/or your company have violated the law.
Section 811
Legal actions by debt collectors [15 USC 1692i]
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.
To take any of us to court, you must do so in our local districts, per 2b. Your company makes threats to the contrary.
Section 808
Unfair practices [15 USC 1692f]
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.
(5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --
(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;
(B) there is no present intention to take possession of the property; or
(C) the property is exempt by law from such dispossession or disablement.
(7) Communicating with a consumer regarding a debt by post card.
( Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.
While you, guest, may not do any of these, Mr. David, from the statements of many posters in this thread, has violated numerous parts of this section, notably 1 (the ridiculous amount of the debt) & 3 (threatening court or jail unless a payment is sent by noon).
Article 807
False or misleading representations [15 USC 1692e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
( Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
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Oh......where to start. How about I just list the numbers that were violated: 1, 2a, 2b, 4, 5, 7, 8, 10, 11, 12, 13, and 16. Mr. David, in his calls with me, did all those. At the very least.
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Guest
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| Posted: Wed May 31, 2006 6:02 am Subject: |
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Ahhh.....I like how to emoticons kicked in on my post. 
And again.....STUPID COOKIES! Grrrrrrrrrr.......
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jedijeff13
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| Posted: Wed May 31, 2006 6:21 am Subject: |
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You speak of truth, what a joke that is!
The money owed was paid before your office contacted (let me rephrase that) HARRASSED me!
I see no need to give you anymore information than I have considering you have no leg to stand on with me. I spoke again with the head office of the pay day loan company yesterday after finally having enough of your uneducated reponses to what you call "my case". They cannot believe what I have been telling them about the way you, your office, whoever have been conducting yourselves on BEHALF of them and their name. Once again, they have informed me that I OWE THEM NOTHING. They say I owe nothing, there are no NSF charges so it is time to let this one go, the way your company uses scare tactics and threats will never work with me. WHY would I pay something I don't owe!
In any event, what it comes down to is that your firm is harrassing people for money they don't owe.
In reponse to you questions about retaining a lawyer, apparently you didn't read clearly what I wrote to you about what Mr. David said about "I will see you in court and ensure you go to jail along with your lawyer"? Can you provide an intelligent response for that one?
Why are you requesting people to send money to a P.O. box rather than an actual business address?
Believe me, I am not the only one here who has been threatened by your firm. Seeing as you have apparently thoroughly looked through this forum, you must then realize that you and Mr. David are the only ones posting comments to defend your firms unprofessional business conduct all others posting are against everything you stand for. Hundreds to two, questionable ration wouldn't you say?!
I don't owe a cent to anyone now and as stated before I am here on this forum to educate other victims of your firms wrong doings and illegal tactics. Hopefully they read this forum before being scammed!
Threats and scare tactics may work on some but if people are educated beforehand about you, then eventually you will hopefully go away and leave honest people alone. In the case of people truly owing money, your firm should consider handling themselves in a more legal, professional manner.
After reading your last posting, could it be that Mr. David actually called the client and they told him I owe nothing and that is why I never heard from your firm again? The fact of the matter was that the damage was already done. He harrassed me on two occasions and it wasn't until I told him that I taped the conversation and was going to slap him with a verbal harrassment suit if he did not leave me alone. If I truly owed money, wouldn't a collection agency keep calling me until they received the money?
"Share the truth with everyone", then why don't you admit to everyone that you company does operate with illegal tactics. I am sure everyone ofcourse excluding yourself, would agree 100%.
I shouldn't have had a file in the first place but then again, you were involved in other scams (i.e. phone scams) so why not add this one to this list. All the scams that your office has conducted have been entered into this forum by all your victims. Not just in Canada but as well as across the United States. Are you trying to tell me that everyone is lying and that you are the only one who preaches the truth? Time to give it up. You can say what you will and try to defend yourself and whoever else, but it won't change, simple as that.
People are aware of you and your firm now and no matter how you try and preach that your operate a legit business that simply hasn't been the case - end of story.
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Intimidated
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| Posted: Wed May 31, 2006 7:09 am Subject: |
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We are a Law Office located in Ontario Canada. We are governed by the Law Society of Upper Canada. My name is Charline and you can reach me at 905-474-3535.
You'll need your file number.
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Guest
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| Posted: Wed May 31, 2006 7:35 am Subject: |
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Whatever, I am not going through this and wasting time with you anymore. But I will be here to inform anyone who requires answers to their questions about your so called law firm. People need to be aware and protect themselves from company's like Paul Kuperstein and Associates.
You seem to not want to answer any of my questions here. Would it be that you realize I am correct as well as JEFFW and the other "Guest" and everyone else. The less you say, the better for your firm as it seems you have now taken the route of avoiding posting on here because in my opinion you don't want further information to come out and tarnish your oh so clean reputation.
Sorry, I didn't get your real address . . . oh that's right you failed to provide that information yet again.
P.S. I NEVER RECEIVED A CASE NUMBER - need I repeat myself. That right there says scam to me.
You certainly do spend a lot of time on this forum, slow day at the office?!
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Intimidated
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| Posted: Wed May 31, 2006 7:42 am Subject: |
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point of note here, since they say they are a law firm governed by Canadian laws, when they attempt to collect in the US they are acting, as defined by the fdcpa, as a debt collector subject to federal and state laws as applicable. If they purport to be an attorney with the ablility to take legal action, and are unlicensed in your state, they are then guilty of practicing law without a license, in addition to violations of the FDCPA.
On another note, it is refreshing to finally see intelligent discourse in this thread. Jeff and Intimidated, thanks for posting.
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jj
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| Posted: Wed May 31, 2006 7:58 am Subject: |
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That being the case, jj, then add a violation of section 807, part 3 to the list, since the law offices of Paul Kupferstein are not licensed or bonded to collect a debt in my state.
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jedijeff13
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| Posted: Wed May 31, 2006 8:01 am Subject: |
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JJ, as a law office in Canada we do not need to be licensed in any state. If we choose to pursue someone legally we then retain councel in the state for which the debtor resides.
I've answered all questions and even gave you my name and the number you can reach me at. This is what you wanted.
620 Alden Road, Suite 208
Markham, ON L3R 9R7
-I type very fast!
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Guest
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| Posted: Wed May 31, 2006 8:31 am Subject: |
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Anytime JJ!
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Intimidated
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| Posted: Wed May 31, 2006 8:39 am Subject: |
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Please take your blinders off - it's a big world out there.
Best of luck to all of you.
Charline
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Charline
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| Posted: Wed May 31, 2006 9:43 am Subject: |
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"Charline" - I suggest you take your own advice!
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Guest
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| Posted: Wed May 31, 2006 9:56 am Subject: |
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I've answered all of your questions, I've provided you with my name, number and address.
You people are just mean. You've gone on about how poorly you were treated when you spoke with accociates from the Law Office, but you are clearly no better.
I've offered to look into the matters for (you) and the response was "I'm not going through this and wasting my time anymore".
Continue on with your bashing site.
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Charline
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| Posted: Wed May 31, 2006 10:42 am Subject: |
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You really are something!
What, do you think we'd actually be saying nice things about the way we were treated and give a "thank you" for harrassing and threatening us.
You really do work for this firm because apparently you have the same mentality as Mr. David - unpredicatable and one sided! You have unfortunately been brain washed over there into thinking this way of conducting a business is acceptable - so sad but it's your choice to work there. How do you feel good about it though? Good luck to you maybe one day you'll see the light of non-corruption!
I guess if you interpret the way we are acting as mean and no better than the law firm well . . . just dishing back what we were given in the first place! Just remember, if one is treated poorly, one will conform to respond that way also - what did you really expect for nothing?
Not bashing, just the truth and apparently you can't handle it - move on.
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Guest1
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| Posted: Wed May 31, 2006 10:42 am Subject: |
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You really are something!
What, do you think we'd actually be saying nice things about the way we were treated and give a "thank you" for harrassing and threatening us.
You really do work for this firm because apparently you have the same mentality as Mr. David - unpredicatable and one sided! You have unfortunately been brain washed over there into thinking this way of conducting a business is acceptable - so sad but it's your choice to work there. How do you feel good about it though? Good luck to you maybe one day you'll see the light of non-corruption!
I guess if you interpret the way we are acting as mean and no better than the law firm well . . . just dishing back what we were given in the first place! Just remember, if one is treated poorly, one will conform to respond that way also - what did you really expect for nothing?
Not bashing, just the truth and apparently you can't handle it - move on.
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Guest1
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| Posted: Wed May 31, 2006 10:54 am Subject: |
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Charline, when you call in the US you are either 1)acting as a CA or 2) as an attorney. If a) you present yourself as a law firm, and threaten legal action then you must be so licensed in the debtors jurisdiction, toherwise you are b) a collector attempting to collect a debt, thereby subjectting youself to the jurisdiction of the fdcpa and applicable state laws. Furthermore, US federal case law has established that an attorney primarily in the business of collection of debt can be held accountable under the FDCPA.
that said, perhaps Charline is really trying to help, and maybe anyone with a current problem can see if there is truth in her offer to do so...
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jj
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