786-279-0990 - is this number from Oxford management services?
Date: Sat, 12/27/2008 - 15:43
Now, 14 months later, this company is calling and threatening him. When he answered the phone today, they said they where Dell Financial Services. I looked up the phone number for him and came up with Oxford Management. The number they call from is 786-279-0990. He has not been contacted in writing. When they called they didn't say who they where. He answered the phone and they asked for his date of birth. He asked who they where and that is when they said they where Dell.
What should he do about this?
I know by law that after they first contact you by phone they must send you something in writing, am I correct?
reply
yes,after first contact if by phone they must send you a dunning letter.if they don't then tell them that you will not speak to them and demand something in writing.if they don't or say they won't they are a bottomfeeder.i would contact DELL and find out the status of this.chances are they charged it off and sold it.in that case,check your state laws in regards to recording calls.they are not part of dell,that is an fdcpa violation to misrepresent themselves.
hi guest-- the law allows them 5 days from the date of initia
hi guest--
the law allows them 5 days from the date of initial communication to send that letter out to your friend. Also, the letter is required to state certain things--in this letter they must inform you fo yoru rights as a consumer. you have the right to dispute the debt--all of it or any portion of what they claim you owe. They must give you 30 days from the date you receive that letter to do this. if you inform them within that 30 days, in writing, that you dispute the debt, then they must stop all collection activity, obtain validation of the debt from the original creditor, and provide you with that documentation. Until they do that, they are not allowed by federal law to start up any further collection effort on this debt. That means they cannot call you and demand money, they cannot send you any letters demanding payment, they cannot initiate a lawsuit against you concerning this debt, and they cannot report the debt on your credit reports as a valid debt. there are other things that they could not do at that time as well, so its just safe to say that they cannot take any collection activity whatsoever until they provide you with the validation of the debt. There is no time limit on the federal law for them to do this--as long as they dont try to collect the debt from your friend again they may never validate it. Its common for junk debt buyers, when they cannot validate the debt, to simply sell it to the next debt collector instead, and that is legal.
Also, if you live in Texas, the state laws are really in favor of consumers. They require that the debt collector provide you with that validation within 30 days or they cannot collect on the debt. its always good to check your state's laws, you might actually have some good help there as well.
Same exact thing with a Dell account.
They called me at work after being told (by my boss) that I could not have phone calls at work. One time the caller actually got me on the phone, she told me if I didn't talk to here she would "somebody there to get me". She then told me I was 90 days past due on my account and that I was considered a "Flight risk". I finally got her off the phone and called her back the next day. I had found out from my bank that I was only 52 days past due, when I told the rep from Oxford Mgmnt this, she said "Oh did I say 90, I must have misspoke". I settled on a payment with them and on top of that they are charging me $12.95/month, which is a charge they say the banks require.
They can't actually charge me something above and beyond what I owe can they?
I am surprised that Dell does business with a company like this.
Oxford Management Services
Oxford called me two weeks ago and I asked them to provide me with the original promissory agreement from the original debtor.
I have waited two weeks for the promissory agreement and the debt collection letter (no letter as of this writing and no promissory agreement).
They called me again today and I informed them that I had not received the information that I had previously requested and I told them that I had sent them a letter (Do not call/contact in writing only).
The man on the phone kept trying to get me to ADMIT that the debt was mine and how was I going to settle the debt.
I am permanently disabled, no assets, reside in Texas, the account is past the four year statue of limitations in Texas and my primary phone is a cellphone (easy to keep track of when the call and can cut it off when I get ready).
Sad organization, I offered them $10 a month in repayment and they laughed. Guess they will have to take me to court, get their judgment and not get the $10 a month.
if they sue you and win, they still lose so not to worry.
if they sue you and win, they still lose so not to worry.