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IC systems

Date: Wed, 08/01/2007 - 08:13

Submitted by Count_Vlad
on Wed, 08/01/2007 - 08:13

Posts: 356 Credits: [Donate]

Total Replies: 10


OK after being gone for a little bit and getting my credit reports cleaned up. I have been getting harassed by IC Systems. Now here is the background. They are trying to collect on a debt against my wife, that is out of SOL and is over 9 years old from verizon. They started calling about 2 months ago. They were calling here everyday around 11:30. When I would answer they would immediately hang up, Then they would call back 15 mins later and so the same thing. After the second call I would call them back using the number on my caller ID. Thanks to the automated message at the beginning of the call that states "Please be aware that all calls are monitored and recorded" I would then start my record software. Now when I would get a person on the line I would ask them why the keep hanging up on me. Then they would just avoid the question and keep asking me about the debt. I would tell them to send me a validation letter, they have refused (I have that on the recordings). Then the agent I would speak with would start getting nasty telling me to pay my bill or else. I would ask them for their address so I can send them something (a cease and desist letter) and then I would get hung up on. One guy had the never to say "whatever, you are sending us sh*t, but money" and then hung up on me.

So now my question is this. How many violations do I have against them for court action? I have logged 128 calls FROM them with them hanging up when I answer in the past 70 days, and then I have 26 recordings of them refusing to send me a validation letter and refusing to give me their address.


Do not ask them to send you a validation letter. Send them a certified return receipt letter demanding validation under the fdcpa. Below is a template that you can use to tailor to yor needs. Once they recive this letter they are reqired by law to stop collection attempt until they properly validate. Which they won't if the SOL has run out.

Quote:

Your name and address

Their name and address

Attn Mr Bottom Feeder

Re Acct # XXXXX

Dear Mr. Feeder.

I received a call (or letter) stating that I owe your company $XXX on the above account
Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise.

Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following:
>What the original debt is for
>The amount of the original debt.
>How you arrived at the amount you say I owe
>The interest charges applied to the original debt.
>All payments received regarding this debt with the original creditor including the date and amount of each payment. This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept. 2004
>Any penalties associated with the original debt and the reason or reasons for those charges.
>Proof that any interest charged does not exceed that allowed by law in the State of xxx
>Provide me with any papers that say I agreed to pay what you say I owe.
>Proof that the collection agency owns the debt or has been assigned the debt.
>Proof that you are licensed to collect in the State of xxx
>Proof that your client is licensed to operate a payday loan business in the State of Florida. (If applicable)
>Proof that your company is legally permitted by the original lender to collect that debt.

Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. Also any agreement of ACH withdrawals from my account and any agreement of wage assignment are hereby revoked.( if applicable)

If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease.


lrhall41

Submitted by Frogpatch on Wed, 08/01/2007 - 08:20

( Posts: 5381 | Credits: )


frogpatch wrote

"Your name and address

Their name and address

Attn Mr Bottom Feeder

Re Acct # XXXXX

Dear Mr. Feeder."

LOL TOO f***ing funny. I should mail them this one, alond with a real one.

I am not sending them one on purpose. That way it adds more to the claim of them not providing me with an address all the times I asked them for it.

At this point I am now have fun with their calls and my return calls. I will start talking to them all nice and sweet then I drop the bomb on them that they are in violation of this and that and then wait for them to respond.


lrhall41

Submitted by Count_Vlad on Wed, 08/01/2007 - 08:24

( Posts: 356 | Credits: )


Yeah I have "busted their random dialer having problems excuse" Thanks to Illinois Law

Quote:

(815 ILCS 305/15) (from Ch. 134, par. 115)
Sec. 15. Method of operation.
(a) No person shall operate an autodialer in this State to place a telephone call during the hours between 9 p.m. and 9 a.m.
(b) All autodialers operated within the State of Illinois shall disconnect within 30 seconds after termination of the call by the subscriber or the autodialer. Where disconnection in 30 seconds is technically not feasible, the autodialer shall utilize a live operator who shall:
(1) state his name, the name, address and telephone

number of the business or organization being represented and the purpose of the call; and
(2) inquire at the beginning of the call whether the

person called consents to hear the prerecorded message.
(c) An autodialer shall not be used to dial numbers determined by successively increasing or decreasing integers.
(d) An autodialer may not be operated in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number.
(Source: P.A. 91????????182, eff. 1????????1????????00.)

http://ilga.gov/legislation/fulltext.asp?DocName=09500SB0034&GA=95&SessionId=51&DocTypeId=SB&LegID=&DocNum=0034&GAID=9&Session=


lrhall41

Submitted by Count_Vlad on Wed, 08/01/2007 - 08:30

( Posts: 356 | Credits: )


If you don't send them a validation letter they will legally have the right to collect from you on the assumption that because you are not disputing it you owe it. If you are not recording there calls it is your word against theirs when it comes to what was said. Illinois does not permit the taping of phone calls without the permission of all parties. There are criminal penalties for it. Next time you get a call try stating this first:

"YOU ARE HEREBY NOTIFIED THIS CALL IS BEING RECORDED TO INSURE COMPLIANCE WITH FEDERAL LAW. IF YOU DO NOT WANT YOUR CONVERSATION RECORDED HANG UP NOW.
IF YOU CONTINUE TO TALK, YOU SIGNIFY YOUR ACCEPTANCE OF MY TAPING YOUR CALL."
If they continue to break the law go leave on your recording device. Make sure they hear that statement. That advice was given to me by Bud Hibbs NACA attorney from Texas. www.budhibbs.com Check out his site. IC Systems has not made his agencies to avoid list yet but I am sure it won't be long!


lrhall41

Submitted by Frogpatch on Wed, 08/01/2007 - 10:22

( Posts: 5381 | Credits: )


Go ahead and send them a dv letter certified return receipt. Just to clarify you do not have to validate to trigger your full rights under the Fdcpa.Those recorded calls are proof of violations.Any good attorney would drool and probably take it on a percentage. We validate to protect ourselves from them assuming it is a valid debt.By the clear meaning of the statute if they contact a consumer and they are a debt collector,the fdcpa is enforced from first contact.


lrhall41

Submitted by cajunbulldog on Wed, 08/01/2007 - 11:24

( Posts: 4850 | Credits: )


If you don't send them a validation letter they will legally have the right to collect from you on the assumption that because you are not disputing it you owe it. If you are not recording there calls it is your word against theirs when it comes to what was said. Illinois does not permit the taping of phone calls without the permission of all parties. There are criminal penalties for it.


In other words your taping right now is inadmissable and you have not requested validation so your debt is presumed to be valid under the law. You will get your butt kicked in court if it comes down to that.



Yes you are correct about the 2 party agreements system, BUT when they include that message at the beginning of their calls that has given me permission to record them. I have had that verified by 2 lawyers a public defender and a states attorney here in Illinois. And if you want to go into details "Well the employee has the right not to be recorded, well then he should not have agreed to the employment when he knows his calls are being recorded. So all of my recordings are in fact legal.


lrhall41

Submitted by Count_Vlad on Wed, 08/01/2007 - 11:43

( Posts: 356 | Credits: )