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 Posted: Thu Mar 27, 2008 11:49 am Subject: What Shall I Do? |
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Okay; just received a call at work (caller ID says: 1st IRS) and the women didn't say what company she was with, but that a claim has come to her with account #********* and she needs to talk to me today. Stated that my claim will go to her review board tomorrow for a decision. If I don't contact her today then I should call my legal council to call. And she wishes me the best of luck...now what the heck does that mean???
Again, she did not say who she was with or what company she was collecting for....oh, the account # she game me ended in my last for digits of my ss...if they were collection on my credit card debt; i would assume she would not have given the last four digits..
the number is 877-777-2551..does anyone recognize that number? And I called it and they answer "legal dept"...
any advice???? please....
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purplegirl69
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| Posted: Thu Mar 27, 2008 11:52 am Subject: |
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Yeah, it's a collection agency for a payday loan company . . . . No legit and legal collection company would say that sort of stuff.
They are trying to scare and intimidate you into paying them.
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goudah2424
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| Posted: Thu Mar 27, 2008 11:53 am Subject: |
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They have a website - 1st-irs.com
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goudah2424
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| Posted: Thu Mar 27, 2008 11:54 am Subject: |
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And here's some contact info for you!
Contact Information:
James Tolbert
Director of Marketing and Client Relations
Phone Local....(713) 777-2500
Toll Free..........(877) 777-2551
Fax...................(713) 777-2503
Email: james (@) 1st-irs.com
Kip Turner
Vice President and Public Relations
Phone Local....(713) 777-2500
Toll Free..........(877) 777-2551
Fax...................(713) 777-2503
Email: kip (@) 1st-irs.com
Physical Address:
1st Integral Recovery Services
9898 Bissonnet
Suite 670
Houston, Texas, 77037
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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| Posted: Thu Mar 27, 2008 11:57 am Subject: |
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First off, check to make sure this company is licensed to collect in Texas. Being that they are located in Texas odds are they will be.
Second, take down notes of the conversation. If Texas is a one party consent state record your next phone call with them.
From what she said to you she is breaking the rules . . . .
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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| Posted: Thu Mar 27, 2008 12:02 pm Subject: |
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| Quote: | The Fair Debt Collection Practices Act Simplified: A Primer on the Law
- 1 –
© 2001 by Peter F. Barry, Esq. The Barry Law Office, Ltd.
Section Law Commentary and Interpretation
§ 1692 Congressional findings and declaration of purpose Purpose of the Fair Debt Collections Practices Act
(“FDCPA”).
§ 1692(a) Abusive practices
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices
by many debt collectors. Abusive debt collection practices contribute to the number of personal
bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.
Collection abuses are rampant and lead to social
instability such as excessive bankruptcy filings.
§ 1692(b) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate to protect consumers.
Current collection laws are inadequate to protect
consumers.
§ 1692(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection practices are available for the
effective collection of debts.
There are better ways of collecting than
misrepresentation and abuse.
§ 1692(d) Interstate commerce
Abusive debt collection practices are carried on to a substantial extent in interstate commerce and
through means and instrumentalities of such commerce. Even where abusive debt collection
practices are purely intrastate in character, they nevertheless directly affect interstate commerce.
Abusive collection practices affect interstate
commerce and so there is a real need to regulate
them under Federal law.
§ 1692(e) Purposes
It is the purpose of this subchapter to eliminate abusive debt collection practices by debt
collectors, to insure that those debt collectors who refrain from using abusive debt collection
practices are not competitively disadvantaged, and to promote consistent State action to protect
consumers against debt collection abuses.
The FDCPA seeks to eliminate collection abuse
and thus helps good collectors while protecting
consumers.
1692a Definitions
As used in this subchapter--
Definitions of some important terms under the
FDCPA.
§ 1692a (1) The term "Commission" means the Federal Trade Commission. “Commission” under the FDCPA means the
Federal Trade Commission.
§ 1692a (2) The term "communication" means the conveying of information regarding a debt directly or
indirectly to any person through any medium.
“Communication” under the FDCPA means the
communicating with anyone about a debt.
§ 1692a (3) The term "consumer" means any natural person obligated or allegedly obligated to pay any debt. “Consumer” under the FDCPA means any natural
person who allegedly owes a debt.
§ 1692a (4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a
debt is owed, but such term does not include any person to the extent that he receives an
“Creditor” under the FDCPA is defined as anyone
who extends credit or to whom the debt is owed,J:BLO FormsGreat Case Law & StatutesFDCPA - Violations Checklist and Cheat Sheet.doc© 2001 by Peter F. Barry. All Rights Reserved
a - FDCPA Basic Definitions
§ 1692 a(3) Definition of a Consumer as any natural person obligated on or allegedly obligated on a debt
§ 1692 a(5) Definition of a Debt as an obligation for money, goods, insurance, or services for primarily personal, family, or household purposes
§ 1692 a(6) Definition of a Debt Collector as collectors, collection agencies, lawyers, forms writers
b –Contacting Third Parties
§ 1692 b(1) Contact of Third Party: Failed to identify themselves, or failed to state that collector is confirming or correcting location information
§ 1692 b(2) Contact of Third Party: Stated that the consumer owes any debt
§ 1692 b(3) Contact of Third Party: Contacted a person more than once, unless requested to do so
§ 1692 b(4) Contact of Third Party: Utilized postcards
§ 1692 b(5) Contact of Third Party: Any language or symbol on any envelope or communication indicating debt collection business
§ 1692 b(6) Contact of Third Party: After knowing the consumer is represented by an attorney
c –Prohibited Communications Practices
§ 1692 c(a)(1) At any unusual time, unusual place, or unusual time or place known to be inconvenient to the consumer, before 8:00 am or after 9:00 pm
§ 1692 c(a)(2) After it knows the consumer to be represented by an attorney unless attorney consents or is unresponsive
§ 1692 c(a)(3) At place of employment when knows that the employer prohibits such communications
§ 1692 c(b) With anyone except consumer, consumer’s attorney, or credit bureau concerning the debt
§ 1692 c(c) After written notification that consumer refuses to pay debt, or that consumer wants collector to cease communication
d - Harassment or Abuse
§ 1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person
§ 1692 d(1) Used or threatened the use of violence or other criminal means to harm the consumer or his/her property?
§ 1692 d(2) Profane language or other abusive language?
§ 1692 d(3) Published a list of consumers who allegedly refuse to pay debts?
§ 1692 d(4) Advertised for sale any debts?
§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedly
§ 1692 d(6) Placed telephone calls without disclosing his/her identity?
[b]e - False or Misleading Representations in Communications § 1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection [/b]§ 1692 e(1) Affiliated with the United States or any state, including the use of any badge, uniform or facsimile
§ 1692 e(2) Character, amount, or legal status of the alleged debt
§ 1692 e(3) Any individual is an attorney or that any communication is from an attorney
§ 1692 e(4) Nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment
§ 1692 e(5) Threaten to take any action that cannot legally be taken or that is not intended to be taken
§ 1692 e(6) Sale or transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt
§ 1692 e(7) Consumer committed any crime or other conduct in order to disgrace the consumer
§ 1692 e( Threatens or communicates false credit information, including the failure to communicate that a debt is disputed
§ 1692 e(9) Represent documents as authorized, issued or approved by any court, official, or agency of the United States or state.
§ 1692 e(10) Any false representation or deceptive means to collect a debt or obtain information about a consumer
§ 1692 e(11) Communication fail to contain the mini-Miranda warning: "This is an attempt to collect a debt… communication is from a debt collector.”
§ 1692 e(12) Debt has been turned over to innocent purchasers for value
§ 1692 e(13) Documents are legal process when they are not
§ 1692 e(14) Any name other than the true name of the debt collector's business
§ 1692 e(15) Documents are not legal process forms or do not require action by the consumer
§ 1692 e(16) Debt collector operates or is employed by a consumer reporting agency
f - Unfair Practices
§ 1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt
§ 1692 f(1) Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law
§ 1692 f(2) Accepted or solicit postdated check by more than 5 days without 3 business days written notice of intent to deposit
§ 1692 f(3) Accepted or solicited postdated check for purpose of threatening criminal prosecution
§ 1692 f(4) Depositing or threatening to deposit a post-dated check prior to actual date on the check
§ 1692 f(5) Caused any charges to be made to the consumer, e.g., collect telephone calls
§ 1692 f(6) Taken or threatened to unlawfully repossess or disable the consumer's property
§ 1692 f(7) Communicated with the consumer by postcard
§ 1692 f( Any language or symbol on the envelope that indicates the communication concerns debt collection
h –Multiple Debts
§ 1692 h Collector must apply payments on multiple debts in order specified by consumer and cannot apply payments to disputed debts
g –30 Day Validation Notice
§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication
§ 1692 g(a)(1) Must state Amount of Debt
§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
§ 1692 g(a)(3) Must state Right to Dispute within 30 Days
§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer
§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor
§ 1692 g(b) Collector must cease collection efforts until debt is validated
i –Legal Actions
§ 1692 i(a)(2) Brought any legal action in a location other than where contract signed or where consumer resides
j –Deceptive Forms by Creditor
§ 1692 j Forms been designed, compiled and/or furnished to create the false belief that a person other than creditor is collecting. |
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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Posts: 8007
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| Posted: Thu Mar 27, 2008 12:03 pm Subject: What Shall I Do? |
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thanks for the info...i figured so...
what link can I go to see if they are licesned?
So you want me to call them back to see what they have to say?
How do I record there call? It's at work?
Thanks much Goudah...
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purplegirl69
Joined: 26 Feb 2008
Posts: 251
Debtcc Points: 3475
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| Posted: Thu Mar 27, 2008 12:06 pm Subject: What Shall I do? |
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I kind of want to email them instead and let them know I just received a call from the lady and also send a validation letter?
Is that a good idea....
I want all in writing; forget the telephone...
Thoughts.
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purplegirl69
Joined: 26 Feb 2008
Posts: 251
Debtcc Points: 3475
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| Posted: Thu Mar 27, 2008 12:09 pm Subject: |
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| Quote: | | Section 392.101 of the Texas Finance Code prohibits a third-party debt collector or credit bureau from engaging in debt collection in Texas unless the third-party debt collector or credit bureau has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State. |
It would be on the Sec of State's website . . . . I'm looking for them now.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111513
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| Posted: Thu Mar 27, 2008 12:12 pm Subject: What Shall I do? |
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Thanks for all your expertise...and leg work...
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purplegirl69
Joined: 26 Feb 2008
Posts: 251
Debtcc Points: 3475
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| Posted: Thu Mar 27, 2008 12:12 pm Subject: |
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They are registered to collect debts in Texas:
| Quote: | Principal Name: First Integral Recovery LLC # 106
Address: 9898 Bissonnet Street Suite 670
Houston, TX 77036
File Number: 20070216
Status: Active
Date Filed: 10/10/2007
Cancellation Date:
Phone:
Bonding Company: Hartford Casualty Insurance Company
Bond No: 34BSBET2067 |
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111513
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| Posted: Thu Mar 27, 2008 12:13 pm Subject: |
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Go for writing - You know now this is a legit, registered collection agency. That makes it easier in a way to deal with. They must follow the laws, and there is a good process in place if they don't to complain to. You could also sue them if you get them on a good violation.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111513
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| Posted: Thu Mar 27, 2008 12:15 pm Subject: What Shall I do? |
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Ok, they are legal....
So, i am thinking to email them stating that I received a phone call from so and so and that I prefer all communication in writing and also send them a debt validation letter???
What if they are collection on an illegal loan? Not for sure yet..
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purplegirl69
Joined: 26 Feb 2008
Posts: 251
Debtcc Points: 3475
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| Posted: Thu Mar 27, 2008 12:20 pm Subject: What Shall I do? |
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So can I go ahead and send a validation letter too? Since I am writing instead of calling...
do i just search for that letter in the search engine above?
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purplegirl69
Joined: 26 Feb 2008
Posts: 251
Debtcc Points: 3475
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| Posted: Thu Mar 27, 2008 12:21 pm Subject: |
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Yes, send them an email, but also send them a certified letter, return receipt. You may need to have proof they received it. I would send the email to the guys listed above, and detail out how your phone call went. Tell them you know the laws, and feel that this call went beyond them. Just be careful not to threaten them with anything.
Once we find out who they are collecting for, we can go down the road of if it's legal . . . .
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111513
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| Posted: Thu Mar 27, 2008 12:34 pm Subject: What Shall I Do? |
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Great...thanks so much for your time today and once again all the leg work...
I think i found the debt validation letter...
Keep you posted...
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purplegirl69
Joined: 26 Feb 2008
Posts: 251
Debtcc Points: 3475
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