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Posted: Thu Jun 01, 2006 7:11 am Subject: |
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Sounds to me like Jedijeff13 went throught the same scenario I did.
Charline, how does something like this happen? Can you explain that?
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Intimidated
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Posted: Thu Jun 01, 2006 7:41 am Subject: |
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Being new to this forum, Ms. Charline, how do you comment on an old posting below.
Quote:
Telemarketing Scam Uses Bad Credit To Snag Victims:
File Complaints With Better Business Bureau
POSTED: 1:51 pm CST November 29, 2005
UPDATED: 5:10 pm CST November 29, 2005
HOUSTON -- An urgent phone call demanding that you pay off a bad debt may end up costing you more than you bargained for, the KPRC Local 2 Troubleshooters reported Tuesday.
"It can be very intimidating," Blake House said.
"This is Mr. David calling from the Attorneys Office of Paul Kupferstein & Associates. I am calling regarding an urgent legal matter," a phone message to House said.
House received a letter from the same law firm in Canada. The important legal matter was an alleged unpaid bill for $102.
"I just didn't feel that I owed this and I needed somebody to show me that I did. And they couldn't," House said.
John Owens, with the Texas Attorney General's Consumer Division, said Canadian scams targeting U.S. residents are on the rise.
"There's a lot of corrupt telemarketing going on in Canada, I hate to say," Owens said.
In this case, the Troubleshooters discovered the law firm of Paul Kupferstein is not even registered to collect debt in Texas. Every bill collector calling Texas consumers must be licensed and bonded, and with the Secretary of State.
The Canadian collector refused to talk about it.
"We represent about 60 different clients, so there's nothing I need to speak to you about at this time," a representative said over the phone.
House filed a complaint with the Better Business Bureau and never heard from the company again.
But others are still receiving harassing letters and phone calls, according to the Troubleshooters.
"Contest the debt in writing and send it certified mail," Owens said.
If that does not work, House said to try his tactic.
"I'll hang up on him," he said.
If you have a news tip for the KPRC Local 2 Troubleshooters, drop them an e-mail or call their tipline at (713) 223-TIPS (8477).
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Newby
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Posted: Thu Jun 01, 2006 8:52 am Subject: |
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You are responsible for all calls coming to and from your residence - regardless of who made the call.
Intimidated, relax. Your information is confidential as is all information held by our office.
It's a shame, but not all lawyers are well versed with the laws pertaining to collections. It is apparent, as well, that Mr. John Owens is not familiar for the juristiction to which a Candian law office must attorn. We don't practice law in any of the United States, we place calls from our office in Ontario Canada. Canadian lawyers are exempt from the Debt Collection Act, the act clearly states as such.
I've seen all of this stuff, there's no need to continue to post and re-post. People complain, it's a fact of life. It's unfortunate, but only we know for sure if we are telling the truth or not.
You keep on looking for trouble, but there isn't any.
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Charline
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Posted: Thu Jun 01, 2006 9:16 am Subject: |
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The fdcpa does not exempt Canadian Lawyers doing business in the US. By collecting from US residents you are doing business in the US and thereby subject to US laws. Also, for states that specifically license/regulate collection activities, you are subject to those laws as well above, beyond and separate to the FDCPA
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jj
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Joined: 24 Oct 2005
Posts: 1047
Location: Washington State Debtcc Points: 8612
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Posted: Thu Jun 01, 2006 9:20 am Subject: |
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I am not worried, not a bit because you have nothing just idle threats to try and intimidate everyone else here in to thinking you do. Get over it and move on.
Did you not read my last post, your office admitted the second time I contacted them that they have nothing on me, no file, NOTHING. This was the after the conversation I had with Mr. David when I told him I was taping the conversation and was going to slap him with a verbal lawsuit if he didn't stop harrassing me. The person I talked to FLAT out said they had no information on me. Interesting how the tables turned so quickly huh.
I was never looking for trouble, your company was the one who caused trouble.
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Intimidated
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Posted: Thu Jun 01, 2006 9:23 am Subject: |
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P.S. Charline, you never answered my question from my last post . . .
"Again I ask, you are stating that you will provide to these people you are calling proof that you have been hired by a company, proof of a correct amount owing and proof that monies collected will be sent to the appropriate people? You never really answered this question in my last post."
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Intimidated
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Posted: Thu Jun 01, 2006 9:31 am Subject: |
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| Quote: |
MY IP Relay: no if the consumer resides in the
My IP Relay: u s a and the canadian debt collector is
My IP Relay: attempting to collect a dept from
My IP Relay: someone in the u s a they follow
My IP Relay: the fair debt collection practices
My IP Relay: act if the american citizen is
My IP Relay: residing in canada and the canadian
My IP Relay: debt collector is attempting to
My IP Relay: collect a debt from them they would not
My IP Relay: follow that act GA |
That was from my converstation with the FTC (Federal Trade Commisson). So Charline, I do not know where you get your information but you are so wrong. You and your canadian offices are NOT exempt from the fdcpa laws if you tries to collect from the American citzens. Nice try. [/b]
_________________ They used to say I was
nowhere, man,
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sapphiredreams

Joined: 16 May 2006
Posts: 260
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Posted: Thu Jun 01, 2006 9:56 am Subject: |
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Awesome info Sapphire!
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Jessi
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Posted: Thu Jun 01, 2006 10:06 am Subject: |
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| Quote: | | Canadian lawyers are exempt from the Debt Collection Act, the act clearly states as such. |
Ya know Charline - I am sorry. I was applying US law to a Canadian company. Shame on me.
Ok - let's check the Canadian version of the Fair Debt Collection Act, called the Consumer Protection Act, 2002 (http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/02c30_e.htm)
Man....it's long. So let's just jump to the Ministry of Government Services for Ontario and see what they say about collection agencies (http://www.cbs.gov.on.ca/mcbs/english/collection_agencies.htm)
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The Ontario Ministry of Government Services consulted the collection industry to develop a standard to be followed by all collectors. Having a standard also allows the public to have a better understanding of what collection agencies can and can't do. The regulations forbid collection agencies from:
* Contacting you until six days have passed from sending you written notice of the following:
• The name of the creditor
• The balance owing
• The name of the agency and its authority to demand payment.
* Continuing to contact you if you did not receive the notice unless a second copy of the written notice is sent to an address provided by you, and then contact may only be made six days after sending notice.
* Contacting you if you send a registered letter to the agency saying that you dispute the debt and suggest the matter be taken to court.
* Contacting you if you or your lawyer notify the agency by registered mail to communicate only with your lawyer, and you provide the lawyer's name, address and telephone number.
* Contacting you on Sunday, except between the hours of 1 p.m. and 5 p.m., and on a holiday.
* Contacting you other than by ordinary mail more than three times in a seven day period without your consent, once the agency has actually spoken with you.
* Using threatening, profane, intimidating or coercive language, or using undue, excessive or unreasonable pressure.
* Continuing to contact you if you have told them that you are not the person they are looking for unless they take reasonable precautions to ensure you are that person.
* Giving false or misleading information to any person.
* Recommending to a creditor that a legal action be commenced against you without first sending you notice.
* Contacting your employer except on one occasion to obtain your employment information, unless your employer has guaranteed the debt, the call is in respect of a court order or wage assignment or if you have provided written authorization to contact your employer.
* Contacting your spouse, a member of your family or household, or a relative, neighbour or acquaintance except to obtain your address and telephone number unless the person contacted has guaranteed the debt or you have given permission for the person to be contacted.
************************
HMMMMMMMMMMMM......... Just what parts of those "do nots" have Liability Solutions and/or Paul Kupferstein and Assoc. violated? I can pull 5 or 6 right out of the list based on my experience with Mr. David.
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jedijeff13
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Posted: Thu Jun 01, 2006 10:08 am Subject: |
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You continue to both baffle, and amuze me.
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C
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Posted: Thu Jun 01, 2006 10:10 am Subject: |
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Can I also just say you guys ALL fricking rule!?!?!
Sapphire, Intimidated, jj and anyone else that has contributed - I'm buying you all beers.
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jedijeff13
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Joined: 30 May 2006
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Posted: Thu Jun 01, 2006 10:14 am Subject: |
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Make it Corona with lime!
_________________ They used to say I was
nowhere, man,
heading down
was my destiny.
But yesterday, I swear,
that was someone else not me
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sapphiredreams

Joined: 16 May 2006
Posts: 260
Debtcc Points: 5258
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Posted: Thu Jun 01, 2006 10:17 am Subject: |
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Thank you, Jessi! When in doubt, go directly to the source.
It amazes me how misinformed some collectors can be when it comes to the laws.
_________________ They used to say I was
nowhere, man,
heading down
was my destiny.
But yesterday, I swear,
that was someone else not me
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sapphiredreams

Joined: 16 May 2006
Posts: 260
Debtcc Points: 5258
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Posted: Thu Jun 01, 2006 10:54 am Subject: |
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Excellent post Sapphiredreams!
I have been following this forum straight from the beginning and the incompency that comes out of the fingers of this firm in truly unbelievable. What is more unbelievable is that they think if they talk in legal terminology we won't understand what they are talking about and believe everything they say/type - WRONG!
Furthermore, who's to say they are even truly a legal office? Sure there may be one lawyer but my impression is that the rest may just be collectors. It is easy to write you are a paralegal because who can say otherwise. It is easy to say you are operating a legit business but everyone here knows you are not!
See, it's easy to talk the talk with people who don't know otherwise BUT there are many people who smell a scam from a mile away.
Back to the drawing board Charline, Paul Kuperstein, whoever - get your facts straight before posting and wasting others time.
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Fed Up!
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Posted: Thu Jun 01, 2006 12:29 pm Subject: |
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again with the amuzing stuff. It's pointless to carry on with you. Do us all a favour and educate yourselves on all of the laws.
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C
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Posted: Thu Jun 01, 2006 12:46 pm Subject: |
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C - tell us where we are wrong. And after you tell us, back it up with proof. So far, I have spent hours on the net searching for and posting proof of the deceptive tactics used by the lawyers mentioned here. I have posted nothing but fact and law.
Tell me how I am not properly educated. Otherwise, do us all a favor and leave.
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jedijeff13
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