What to do when you are contacted by a debt collector

Sam, that is great info. Is there anything that can be done to Bass & Associates they are just blatantly violating every law imaginable. This shouldn't be allowed. I know they used to go by Ellis & Crosby but were shut down by FL AG, but that hasn't stopped them from opening up shop under the names of Bass & Assoc., Bass Prelitigations and there are a few more I'm forgetting. They are out of control with the threats. I read an article, I can post it, where a collector in NM was sentenced to jail and fined for doing such activities. And it wasn't a light sentence either, they were convicted of extortion.

Sam,
Welcome! And excellent information, btw. I will try and save it and go to those websites at my first available opportunity.

And speaking of Bass, read the thread where a collector called a person up and said "good luck in prison", or words to that effect. That's just wrong!! And what can this person do?

The answer to both questions above is to sue. Threatening criminal prosecution is a violation of the fdcpa. It sounds like Bass & Assoc. is cruising for trouble, as well. Sue them. They're obviously making a lot of money. Get some of it. The harassment they dish out is worth more than your debt, in many cases.

Besides,
They get their mail out of a friggin' hair salon!!!!!! (You have to read the thread to get the full effect, lol...)
When I become debt free, I'm going to write a book about the world of PDL's.....

One more thing:
It's nice to see that there are now TWO attorneys with a soul! (Dennis Williams being the other one on the board). I hope you post often!

We can co-author a book call it America's Most Stupid Collectors and document all their laughable/illegal threats. We can dedicate the first two chapters to Bass & Associates, we will put a picture of the hair salon on the cover of the book.

I do love the hair salon bit.

This Bass & Assoc. are a joke. Can you believe they actually have their mail sent to a hair salon and operate out of the owner's home? They are probably about to be foreclosed on and so they need to intensify the threats towards consumers.

Hi Sam, good to see you here on this board. Your comments are full of information and community will be benefited out of it.

We have a page on similar topic, have a look:

http://www.debtconsolidationcare.com/handle-collectors.html

Your input will add new dimension to it. Please ask the site admin to place a link to this post from that page so that members can find all the information at one place.

A word on the fdcpa. $1,000 plus actual damages plus attorney fees is the available remedy. This is one area in which the emotional distress caused by the DC's abuse and harassment are worth money.

And DCs will pay. I am aware of at least one settlement for $275,000 where the DC, among other things, threatened to beat up a debtor. Fortunately, the debtor recorded the conversation. I believe cases have been tried and debtors have received far more for abuse.

The FDCPA has problems, but it is a powerful statute. It is worth your time to take good notes and record conversations, if recording is legal in your state. As you can see from this forum, debt collection is a scary thing. People panic, are afraid, and make poor decisions because they are ill-advised. From the FDCPA:



The damages are no joke because the effect of debt collection is dire. If you know your rights, you can settle your debts effectively and receive compensation for the abuse you receive at the hands of DCs.

Edit: If you want to see more, see Pete Barry's website for some videos from recent news programs about debt collection and debt collectors: http://lawpoint.com/index.asp (full disclosure, if it matters: I rent office space from Pete, who is probably the foremost FDCPA litigator in the country today).

Hi, Sam.

You're a breath of fresh air! Thanks for joining the forum. You have already given much valuable information.

KS and Steelers1: I'll be the first buyer of your book! By the way, I'm confused. Are you guys buying that hair salon? If so, can I still get that 15% discount?

You can get the owner's special, 50% off all services and haircuts/styling will not be extra. If I can get to that back alley and get that loan from Bass & Associates, I'm buying that salon, if it isn't up for auction due to foreclosure yet.

Sam,tion. You stated that debt validation is basically useless-could you explain why? My situation is this: In 1982 we opened a Sears account,bough a window a/c unit, other purchases. We haven't used the card for at least 10+ years. The last payment to Sears was 12-05,they sold it to LVNV 1-06,I have dealt with about 6 of their agencies,debt validation etc. We were stupid and all of the years, we paid Sears,until 12-05,basically minimun payments,finances charges,etc. So we probably paid 12 times over what we charged. Now these CA have added 100+ in interest,etc per month. They are rude,won't validate and keep threatening to sue. This has been goin on since Jan. I have written about 5 DV letters,all they show is the balance and they say they have the right to collect,so now what? ... Karen

Sounds like a great deal, Steelers. One thing, though. I've never heard of Bass & Associates. Can you fill me in? (lol).

I think your situation shows exactly why it is useless. Given all that you have heard on this website, do you really think a DC will do an honest review all the way back to the original creditor to determine whether they legitimately own the debt, that it is the correct amount, etc.? All you will likely get is a sheet saying your name, the amount they are trying to collect, and a date your account was sent to collection. That doesn't tell you anything important.

Focus on documenting their activity in case you need to use the fdcpa to enforce your rights.

Sam-have already done that. They called Wells Fargo and told them my name and I need a loan,Wells Fargo called me and told me this and offered me a loan,I said no thanks. But everything is documented, names,etc. threats, abusive natureetc. I spelled all of this out in a letter along with my latest DV letter. Haven't heard any more from them...Karen

Hi Sam.

I am "renting to own" furniture from Rent-A-Center. After paying on a living room set for almost two years, I have two payments left. I also bought a TV, which I still need to pay on for about six months (have also been paying on that for two years). I recently got a recliner for my son (about three months ago). Then I found out my wages were being garnished by an ex-slumlord (a long story, but basically signed a paper which landlord said was for agreement between us for me to pay so much per month per ACH withdrawal and that if I signed this paper, he wouldn't take it to court). I signed the paper, not realizing until later that in this paper, I gave up my right to a summons to a hearing. He did take it to court, even though I was making the payments and got a judgment against me because I wasn't there to argue against him in the amount he wanted ($4500), and I received a notice that my wages were going to be garnished 25%. Anyway, that's another story.

With these garnishments, I've been having a hard time paying RAC. As I said, I am currently behind two weeks (one payment). They are not willing to work with me. I've had to have the TV taken back twice to repair the on/off button, once for a week and once for over two months. The last time, I told them I didn't need a loaner because I thought it would only be a week, like last time. Anyway, a week turned into over two months, during which time they were still charging me for rental of the TV. I paid on it because I thought I would be buying it. Now I'm at the point of giving the TV back and telling them I want credit from the money I paid for rental of the TV to be applied toward money I currently owe. Can I do that? They keep hounding me, so any advice you can give would be greatly appreciated. Thanks.

P.S. I forgot to mention, the landlord is also the lawyer who got the judgment.

Quote:

On the Rent-A-Center, I have no idea what the answer is. Look at your contract. I'm guessing it spells out your rights (although not necessarily clearly).

I want to clarify that I'm not here to give individualized advice. I can't learn enough about anyone's situation from an internet forum, nor would I want to. I'm trying to spread information. If you want individualized advice, look for a lawyer on naca.net and ask them.

Go to this link, it will give you OH's statute on Rent to own business's:
http://www.rtoonline.com/Law/ADDetail.asp?ID=28

Hi Sam,
I have already learned much from you--but one question comes to mind: when you were talking about the last case where the collector was caught on tape threatening bodily harm to a consumer, if recording in your state is illegal, would that be thrown out of court? And if recording is illegal, is it still worth it to record a conversation? Just curious--and thanks for the help!

If recording is illegal, you may be sanctioned criminally for recording. I guess you could decide that having the recording is worth jail time, but be aware that jail time could be a consequence. Check your state's laws before recording.

Thanks,
That's something to really think about before making the decision to do it!

This link will tell you your state's law regarding recording conversations, for instance if you read MI law you could be charged with a felony. Not worth it if you are trying to be sneaky in MI

http://rcfp.org/taping/

Thanks, Steelers1. I'll check that site out.

dbaker6......

The rent to own business is much like the PDL's.

Get rid of the furniture and Tv. Goodwill and Salvation Army have good deals that will tide you over until things improve. Just watch your $$$

Thanks, Roadwarrior. I plan to get rid of the TV. The furniture, though, I've been paying on for two years and only have two payments left so have both payments budgeted into my next paycheck and then will be done with them. I'm still going to try to get something back for the couple months I paid when I didn't have the TV. Maybe I'll end up not paying anything more on the living room furniture. And definitely watching my $$$$. (The kids are even actually learning to turn the light off when they leave a room!). Thanks again for the advice.

Hi Sam,
I really appreciate the things you've brought up. My question is simple - debt settlement.

I recently made the decision to work with a Debt Settlement company, Mezey & Associates (yourdebtlawyer.com). I'm interested in knowing if I'm asking for trouble in choosing this group. I've read about individuals having problems with various debt management organizations, but I can't seem to find out much about Mezey. Perhaps I made my choice too hastily, but they indicate that they are lawyers, and that seemed to give me some hope that they're for real.

I've made payments to them since June, and they seem to provide me with the Cease & Desist letters I needed to send to my creditors.

Any thoughts or comments?

I don't know much about debt settlement companies. I do know and trust employees at Credit Score Recovery and Financial Rehabilitation Inc., but I'm not even sure if that speaks to the dependability of the business. That's about all I can say, though. I don't do debt settlement or deal with debt settlement companies.

But I have to ask: Why would you even consider doing business with a company you know nothing about?

Sam..

I enjoyed your article about the NAF. I too had questions about their biases. When I signed the contract it stated that "NAF would be the only recourse in the event of a dispute." Well I am disputing. However, I am reluctant to use the NAF!

What kind of a contract are we talking about?

Chance are if you signed an arbitration clause, it will be enforced, but there are a few ways you might be able to get out of it. However, these are so specific to the situation and your state that you should talk to a lawyer.

Hi Sam...

Thanks!

The Arbitration Clause was contained in an application for a PDL. PDL's are illegal in my state.

I called The NAF and asked them specifically why a company would require me to use just them,and no one else. They could not answer me.

I was going to invoke the Moss-Magnuson act if that was the case.(An auto mfg. cannot require you to use a specific brand part unless they provide it free of charge.)

After speaking with NAF I had a sense they leaned toward the corp. and not the consumer,your article just reinforced my hunch!

Thanks!

There are enough things going on in your case that you should contact an attorney in your state. I can't hope to give you a full answer over the internet. Look up a consumer lawyer on naca.net and give them a call.

Sam G. I have never received anything in writing from this company about the money that they are trying to collect. I was denied that privilege when I asked for it. She wanted me to wire the money. Why couldn't I have been offered a safer way to pay the loan. I ended up in this situation because I stopped payment on a loan that I thought was more than paid off but they kept taking money out. I couldn't find the original agreement,nor could I find their company info anymore online. So I called the bank for info and all they said they could do is stop payment. I ASSUMED they would call me after that happened. Hence, this was then my introduction to Bass. I borrowed 300. I have paid them back 720 and being told I still owe another 775. Have I violated the law? I live in michigan.

No, but they have. Don't ever pay unless you get something in writing.

All you are doing is throwing money away.

Sam, this is the infamous Bass & Associates located in Jacksonville, FL. They violate every law known to man when it comes to collecting. I love the "I have an afadavit" and then they say they are going to hit the computer button to send it off. They are a joke, but they sure do a good job of scaring people and taking their money.

No you haven't violated the law, they have. I would stop paying them and do what you can to get your refund whether that be wrting lots of mail and emails and calling them on a daily if not hourly baiss until they pay up. Good luck and keep posting

I have looked over the Indiana law on PDL. However, I have 13 PDL's and they are all thru the internet. I have one loan with PayDay Yes. I have paid 687.50 and the loan was only for 425.00. They are not lincesed to work in the state of Indiana. So can I send them a letter to mark my account paid in full or not.

Hi Sam,
Good to see an advocate for us consumers in here. I have just taken up the fight with several debt collectors. I work with those that I owe a debt too but others I am asking for debt validation and sending out the typical form letter but personalized with relevant information. Is this a good starting point with CA's? If the debt is validated then I usually send a follow up letter explaining why I can't pay it off along with a partial payment. I ask that if they accept the payment then they accept the offer. If not then I tell them that any judge will seee I attempted to satisfy the debt in good faith. Does this sound like a good tactic?

I don't deal much with settlement. I get involved (1) when a debtor is sued by a debt collector, or (2) when a debt collector has violated the fdcpa.

So I can't really give much information about how a settlement will play in court. I'm not sure whether it even matters that you tried to settle the debt in good faith, but it might.

Where can I find the laws for Minnesota. I have 2 payday loans, they keep taking the fee, but nothing towards the principal and I have no way to contact them. They said I got the loan and hung up really fast I didn't get any info on them.

What laws are you looking for?

Minnesota's laws are at www.state.leg.mn.us, but they won't tell you much about payday loans. It sounds like you need to get in contact with the lender somehow (writing, if necessary, which is probably easiest), to give them money towards the principal.

I do not have an address for telephone # for them. I am going to block them from taking the money out of my acct. and maybe then they will contact me so I can set up payments on the principal. I don't think that in MN that they can do a payday loan longer than 30 days. and no rollovers. There is a limit, from what I read, on the interest and fees and they have already gone way past the legal limit. Wish me luck!

I am from Minnesota and now live in FL. In a nutshell on 11/7 my credit card debt was sold to this franchise of Collect America...they are supposedly a law firm and I believe they are. I got the letter and called today to see what I could do to confirm I actually owed the debt to them and then could I repay. She said no to my request to get the information and that she had enough proof the debt was mine and was filing immediate action against me. I am really scared. What can I do. Can she freeze my bank account with out a court order? I told her I wanted to settle out of court she said if I didn't have a large payment by 5 p.m. today. I was out of luck and she forward my file to an attorney's desk. The letter is 11/21 I responded to them today 11/29. As soon as I received it. I don't want to ditch this I want time to pay.

With few exceptions, they can't do anything without going to court. Court is not something to be afraid of. It is a whole lot better than dealing with an abusive debt collector, anyway. This isn't criminal court. You don't get a "record."

If you can pay the debt, pay it. If not, try to work out a payment plan. If they won't agree to it, insist, and keep insisting. If the continue to harass you, take careful notes, record if you can, find a lawyer and sue. At that point, you have done all you can, and if they won't work with you, they deserve to pay for their abusive conduct.

I appreciate you coming on....there is another posting I would really like you to look at - do you know if they can freeze my bank account without a court order, it's in Minnesota and I am here. Wells Fargo.

Call them up telling them that you are going to request validation of the account in writing. Send it certified mail. Contact your credit card company to find out who they sold it to, if in fact they sold it and didn't just hire an outside agency to collect on it. If that is so then you can make payments directly to the client.

If it was me, I would ask to speak to the attorney she was going to be forwarding it to. Because collection agencies can not make empty threats, each action must be followed through and stated with such intent. But that's me and I am on a friendly basis with the fdcpa.

They can freeze your bank account but it would take some legal leg work and if they just got it I don't think its going to happen quickly.

If you want to work with them I would call back until you found someone who will speak to you like a person. and actualy work the problem out and not compound it.

Can they freeze my bank account with out a legal judgement against me? It's in MN and I am in Florida? Also, she threatend to take me to court.