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Posted: Mon Jun 26, 2006 9:28 am Subject: Call from Pre-Litigation |
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I received a call from Pre-Litigation this past friday (904-356-0886) and told be i was being charged with Theft by deception and bank fraud and that an affidavit was being sent to my company. All they could tell me is that it was trough United Federal Bank, they could not tell me the loan company. They told me to make sure i find an attorney and a bondsman. I believe the account they are referring to is through FSM which i have paid in full through ART, however, they didnt want to hear about that. Because i was contacted several months ago from Ellis Crsoby.
What steps will they really take next?? And what exactly affidavit could they really be filing with my office?
Think i am ok but they got me flustered. Any advice would be grealty appreciated.
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whattodo
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Debtcc Points: 100
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Posted: Mon Jun 26, 2006 9:43 am Subject: |
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Several of us on this website have gotten the harrassing phone call from pre-litigations. Just do a search and you will see several posts regarding them. They are required by law to give you the name of the orginal creditor and to send you something validating the debt when you ask for it. I to have dealt with this company and they threaten me with the same things, which they can not do. They have nothing they are going to file, they are just trying to scare you into sending money. They gave me 24 hours to send money, how much time did they give you. The loan that were trying to collect on for me was with Platinum B Services. Anybody who receives a phone call from this company is advised to called the Florida Attorney general and report them along with filing a complaint with the FTC.
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PinkLady
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Joined: 15 Jun 2006
Posts: 1447
Debtcc Points: 20300
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Posted: Mon Jun 26, 2006 10:18 am Subject: |
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-Send them a DV letter.
-Record all of their phone calls w/ you.
-keep all of their letters.
-keep record of all of their fdcpa violations AFTER they have received your DV letter.
-once you have 3-4 violations, sue them.
-cover and let simmer until tender (haha)..........
-Rinse, and repeat steps with the next scum-bag, low life collection agency
_________________ Yes, yes, I'm guilty.......of looking for violations to sue a collection agency!
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demoncasterouter

Joined: 25 Jun 2006
Posts: 13
Location: South Debtcc Points: 430
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Posted: Mon Jun 26, 2006 11:29 am Subject: |
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The problem is they didnt even give me an amount and a time to i had to pay by. They also wouldnt give me their address because they said they dont give it out since they are in the federal building. When i asked her what i needed a bondsman for, she said what do you think and good luck. I would keep all the letters and take these steps if i could. Also, they (courtney ferguson) called one of our offices requesting fax # to send some paper work over and asked our secretary to fill out. I haevnt seen anything.
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whattodo
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Posted: Mon Jun 26, 2006 11:40 am Subject: |
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Don't do anything. Don't send them anything. You will not go to jail.
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kbraveboy

Joined: 07 Mar 2006
Posts: 175
Location: South Carolina Debtcc Points: 2883
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Posted: Mon Jun 26, 2006 11:50 am Subject: |
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Seriously do not send them a dime. First of all my loan with the original creditor was 260 plus a returned item fee. Pre-Litigations was trying to get me to send 700...yeah right. I was also told Good Luck and then hung up on. If they were so called investigators or LT's., then they wouldn't need to ask me for my address now would they...LOL. They told the secretary in my office that if she didn't get a hold me they were going to come up and make a scene...I made sure I told that in my complaint the Attorney general.
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PinkLady
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Joined: 15 Jun 2006
Posts: 1447
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Posted: Tue Jun 27, 2006 8:38 pm Subject: hey now |
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i got a call from a women with that pre litigation place today she said the if i didnt send them $890 they were going to pick me up at either work or home and send me to jail they also said they were going to send a fax to my job that i was involved with some kind of fraud i was only able to send them $100 via money gram ... is this true could i really end up in jail?
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jennell
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Debtcc Points: 100
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Posted: Tue Jun 27, 2006 8:53 pm Subject: |
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Don't send these bottom-feeders another dime! Read:
| Quote: | § 807. False or misleading representations [15 USC 1962e]
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:
(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. |
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
You need to send a DV letter, then record your next conversation with them. If you had this on tape, you'd already have enough for a suit!
_________________ Yes, yes, I'm guilty.......of looking for violations to sue a collection agency!
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demoncasterouter

Joined: 25 Jun 2006
Posts: 13
Location: South Debtcc Points: 430
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Posted: Wed Aug 16, 2006 9:28 am Subject: |
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I unfortunately was stupid and sent Prelitigation $700. Their threatening phone call and the fact that I had an outstanding payday loan convinced me to send it. Is there anyway to retrieve this money?
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Guest
Guest

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Posted: Wed Aug 16, 2006 12:15 pm Subject: |
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Guest..most likely not.
Did you receive any documentation regarding the loan from them?
I would send them a letter requesting that information, including the name of the payday lender. Also, check your credit report. If they are a legit company, they probably reported this to the credit report agencies, and you may be able to get more information on there.
Keep on them about this..Prelitigation is one of the worst CA.
In the future, don't fall for the threats that these guys will pull on you. You can't be arrested and you won't go to jail! Always, always get something in writing before you pay anyone anything.
Also, if they give you any guff, report them to your AG's office and file a complaint with the FTC regarding their illegal collection practices. You can do this online at www.ftc.gov!
Good luck..
_________________ ~A journey of a thousand miles begins with a cash advance~
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erzeke1
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