Default on shady debt collection
Date: Mon, 07/06/2009 - 12:50
I had got served papers by the local sheriff, stating that i was being sued for a debt. The collectors were Morgan and Pottinger, in Louisville. (I'm in Kentucky)
I called them to see what the deal was, and they never really told me who it was that they were collecting the debt for, but told me i could settle. The total was ~$1532. I settled for $1000, just to get them off my back.
So i opted to pay $700 up front, then monthly payments of $100 for 3 months. Okay, no big deal.
Well, this past month (June) i didn't make the payment on time. I called to get it in, and they said that my account was in a default status, as they have no grace period on payments.
Now they want the other $532, plus 8% interest.
I called and tryed to reason with someone, but all i got were "I'm just a debt collector, I can't do anything about it" type responses. So i asked to talk to someone who could do something about it, and i got a woman who was apparently trying to push my buttons. First she told me the $700 payment i made 3 months ago had bounced in the first place, to which i responded with laughter and a sarcastic comment about how i liked how they do business.
I tryed to get the name of the person/company they were collecting the debt for, but they wouldn't tell me.
They did say that they would talk to them and see if i could settle on the amount of $532 for a lesser amount.
I'm kind of lost and confused on what to do here. I'm really pissed off by how these guys have treated me in this interaction. Is there anything i can do?
Did you get a dunning letter from this company? They are requir
Did you get a dunning letter from this company? They are required to send you a dunning letter within 5 days of first contact telling you about ur right to validation. I personally would send them a letter to validate the account.
RinkRat, The dunning letter has the original creditor on it, s
RinkRat,
The dunning letter has the original creditor on it, so it is doubtful that this collector ever sent one (and if they did, the alleged debtor never received it).
Adam,
Wow, these collection tactics are atrocious from the get-go! I'd tell them to take me to court if they ever expect to see one dime - the judge would have to pry it from my cold dead fingers.
That fact they they wouldn't tell you who the original creditor is tells me that it's a scam. They are doing nothing legitimate. If they were a real collector, then they would tell you who they are collecting for. A DV in this case would be a waste of time. I would assume - based on their behavior - that this is a scam. File a complaint with the FTC, the FCC, and your state Attorney General.
I say this because I looked up Morgan & Pottinger and they seem to have hardly any complaints beyond the standard ones, and this is really bad behavior you report here. They have been around since 1974 so the fact that almost no one else has something bad to say about them, then it seems even more likely that the people who called you are NOT M&P but a scam spoofing the number (did you verify the phone number on caller ID came from M&P?). Not to mention, one of their attorneys is a speaker on an FDCPA Compliance class!
"http://westlegaledcenter.com/program_guide/course_detail.jsp?courseId=4308877&title=FDCPA_Compliance_for_the_Indiana_Practitioner:_How_to_Comply,_the_FDCPA_Lawsuit,_Ethical_Considerations_and_Damages"
I note on the BBB they have 5 Resolved complaints, 3 of those this year. They have been sued 14 times total, but were the main defendant on 10 of them (since 2004 - 5 of them this year, and 4 in 2008). One of those suits was about them suing a debtor in another state. Here is a Debtcc thread on them. I cannot see these cases but I wouldn't be surprised to find that many of them were related to this very scam.
Call your county civil court and inquire into that judgment. Make sure they weren't trying to sneak in a default judgment by distracting you. What was the number on the caller ID when they call, and what was the name for the withdrawal on your bank statement?
