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Is this legal?

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PostPosted: Thu Apr 12, 2007 8:50 am

Ok, this morning I got a threatening email from DMS which I haven't responded to yet. I have been getting them every day and replying to them every day but then I get emails saying I have refused to cooperate. Just now an 800# called my number and I didn't answer it. Then a minute later the same number called the general office number so I answered it. They asked for me, and I said, she is not unavailable. They said can you take a message, I said sure. She said, "Tell her we have her down as a RUNNER and she needs to call this number immediately." I can't have them calling the office and have told them this in email many times. What should I do??? I am going to get in deep poop if they are going to try to start pulling that. I could lose my job.We are getting a new boss soon that isn't going to tolerate this and my coworkers gossip so much..........they would love to hear that I am running from the law or something.
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PostPosted: Thu Apr 12, 2007 8:54 am

A runner??

Are you dealing with a Sharon Williams by chance?

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PostPosted: Thu Apr 12, 2007 8:57 am

Send them a cease and desist letter. Tell them you cannot take calls at work, and to do all communication through letter. Keep all e-mails or letters that are threatening. Also keep records of when they call and what wa said, in case you need it later for proof they have threatened you..Karen
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PostPosted: Thu Apr 12, 2007 8:57 am

No, it is a different collector. Have you been called a runner? I feel like I am going to throw up now. I am typing them an email as we speak but I don't know that it will stop them.
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PostPosted: Thu Apr 12, 2007 8:58 am

You should have said that she doesn't work there anymore.

DMS has pretty much left me alone since they robbed me of $400.

Give them your cell phone # or something. Just make sure you tell them that she doesn't work there anymore. Or She was fired for having personal calls made to her on her office phone #.

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PostPosted: Thu Apr 12, 2007 8:59 am

sassy if they are not located in your state,this may assist you in dealing with them.It is a federal law that all must comply with as long as they are not in your resident state.
4.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000223----000-.htm l
Please place www and dot in front of it to activate it.Good luck and holler if you need me.

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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
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PostPosted: Thu Apr 12, 2007 9:01 am

Well SW says (from DMS):

Quote:
The terms of this contract is all we need to request this release. We need to cover our company because we want to make sure the person we’re sending this pertinent information is you. This step is taken with any debtor that defaults on a contract and wants proof that the contract is valid. You can either sign this release of your information and have the contract sent to you or refuse to do this. By refusing you will then put yourself in another situation because this is a step set forth by our company and it is required according to the terms of default. If you really want to resolve this issue then you will comply and take this simple step to get the information you’re requesting. Please stop with the law. This company provided you money in “GOOD FAITH” and now we want it back and you want to throw the law at us. It’s not going to work. You need to fax the release for to my attention at 1-866-323-6555. I will then submit the request for the release of your information and get it to you immediately. If you don’t want to do this then you can have your attorney contact me. Attorneys understand why you get signed confirmation when releasing pertinent information. Also since this is something you should already have, plays a part in this process as well.


Sounds like BS to me.
Nope, I haven't been called a runner, but she said I will have surprises to face if I don't pay up.

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PostPosted: Thu Apr 12, 2007 9:09 am

Thanks everyone!!! Sarah, I agree. BS. Will a cease and desist letter work since they are the original creditor?? Should I email them again and tell them anything? I have saved all their correspondance. See, several weeks ago they agreed to settle for $140 but I couldn't pay it right away like they wanted so now they want like $535. cajun I am checking the link you posted right now. This is like the worst thing that can happen to me at the worst time, with getting a new boss.
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PostPosted: Thu Apr 12, 2007 9:12 am

Sassy,that law I sent you has civil and in some cases criminal remedies if they chose to play hardball.If criminal then file your report with your local police and the closest Fbi office and then we can see if the phone stops ringing. It also covers email.
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Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
05-27-08 Fico EQ 769 EX 768 TU 751 Balances effecting Fico scores.
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PostPosted: Thu Apr 12, 2007 9:28 am

I am sending them this email now. Any suggestions for modifications?

Quote:
I have received your correspondence regarding my balance with your company through email, telephone, and the USPS. Your company originally loaned me $200. I have since paid $60 on 2/28/07. Therefore I do not owe you anywhere near $525, which is the amount that you offered for me to pay to “settle” this account. Your company is in violation of Ohio Rev. Code Ann. §§ 1315.35 et seq which states that there is no rollover allowed and may only charge interest rates of $15 for every $100 loaned. Your company solicited, accepted, and transacted business with a citizen of the State of Ohio, thus you are subject to the laws of this state including the rollover and interest laws. Please see the below Ohio laws on cash advances. Also, your company is not licensed to do business in the state of Ohio.

{Ohio state laws inserted here-cut out to make this post shorter)

I would like to repay the principle that I owe ($140) and have the account under the name of Sassnlucy ‘paid in full’. I had previously been told by “Tasha” in your company that a settlement of $140 would be acceptable. I will be willing to pay this balance in payments by money order in order to settle this account.
Please note that I am filing a complaint with the Attorney General and the FTC, and am forwarding all correspondence that I have received from your company to them.
As a reminder. all correspondence shall be in written form either through the email address,
or via The United States Postal Service. Please acknowledge receipt of this letter, and acknowledge acceptance of, and willingness to adhere to the settlement described above, in writing, within 24 hours of receipt. I also hereby revoke any voluntary wage assignments that I may have signed. I will be willing to make arrangements to pay off the principle balance on this account by money order through The United States Postal Service. Please do not attempt to contact me by telephone. I have told you this numerous times. I CANNOT ACCEPT PERSONAL PHONE CALLS AT MY PLACE OF EMPLOYMENT!!!!!! IT IS ILLEGAL FOR YOU TO CALL ME AT WORK IF I ASK YOU NOT TO! Also, my references may not be contacted. I will be happy to communicate through the mediums listed above to resolve this matter.
I appreciate your cooperation.


I seriously doubt they will listen to this but I have to try. I'm reading up on that right now, cajun, thanks!

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PostPosted: Thu Apr 12, 2007 9:33 am

If they are doing this you need to get in contact with the person at the AG's office and give them thse correspondances from this company to let them know they continue to harass you. I think you stated earlier that you did file a complaint. I know when I received just one call and notified the person assigned my complaint he contacted them immediately and they stopped harassing me, and eventually settled me as PIF. And it was this very same company, DMS. But if you do not notify the AGs office of this harassment they will not know and will not help.
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PostPosted: Thu Apr 12, 2007 9:38 am

Steelers, this is the only pdl place I had not reported because they were going to settle with me. This just started this past week or so. I am filing a complaint right now. I though that since they said they would settle with me, that a complaint would not be necessary. Guess I was wrong. Thanks Steelers for your advice.
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PostPosted: Thu Apr 12, 2007 9:39 am

Does anyone have a legit address for this place? I have a letter from them at home with a Delaware address but I want to get it right with the AG.
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PostPosted: Thu Apr 12, 2007 9:42 am

They cannot give that kind of info out to anyone..You are a runner? Where the he_ll did you run too? Also, "please stop with the law" sounds like they are admitting they know its the law but want you to stop using it????
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PostPosted: Thu Apr 12, 2007 9:48 am

Does everyone think my letter to them sounds ok???? Should I send it? Yep you know how far I have ran Leah. I have been sitting here this whole time. I have emailed them every single time they have contacted me.
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