major problem with debt collected...advice needed....

Date: Wed, 01/20/2010 - 01:37

Submitted by michelle ivery
on Wed, 01/20/2010 - 01:37

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Total Replies: 4

Good evening, Recently i had attempted to resolve a debt($360) that I had with GRA..I was able to work out an agreement of a settlement for $240 payable in two payments ($120 ea), with payments drafted on 11/09 and 12/09 (final payment). This was done, however, 01/2010, they attempted to draft another $120 from my acct but wasn't able to. So I called them on it and ended up getting into a scuff with them. In the beginning of the convo. I told them about the agreement made in Oct '09 and the rep began reading the documentation and realize that the initial person does indicate only 2 payments and started to apologize and said he needed to address his mgr, he came back on saying that the original agreement wasn't authorize. and that there should be another deduction which is BS..so i ask to hear the recording from that day cause I know what I agreed to...he says that take a couple of days to retrieve then said no guarantee that they still had it, then said the person who took it was fired in late Oct (how convenient)..now my thing is if it was unauthorized then why did they still go into my account without letting me know that the original agreement is not being authorized..I didn't get any notice indicating that another payment was going to deducted..after the initial hold, I did record the conversation and when I realized all of the lies that began developing I told the person that I was recording, he said that I couldn't do that but in my state and his (TN and NY) one party consent is acceptable, although I didn't start recording at the beginning I do have enough to show that they were breaking a lot of laws according to FTC...and he did continue the conversation after I told i was recording (so it does constitute as ligitimate, right?)..anyway, then I asked to speak to his supervisor because I wanted to hear the recording..his mgr came on and started the same obnoxious behavior as the rep and once again I told him I am recording the conversation and he continued on with the conversation..first he said that Justin (rep's name) was fired because he was authorizing agreements on his own, then he said that since I authorized the drafting on the phone this give them authorization to touch my acct (I get that, but only for the amount agreed upon and nothing more), then he says that the agreement that I was given was turned down by the client so they couldn't authorize it, I asked him then why did they go into my acct, he said because they could, then he said out his mouth and asked "did you receive a confirmation letter in regards to this agreement....no" before I could answer. I know I read on FTC that if the authorization was oral they would have to send you an express authorization form for me to send back to them signed...I didn't get one. Then he said "you live in Cordova, your're well off so just pay your bill"...I am so furious with this whole ordeal. I did file a complaint with BBB and FTC. What I want to know will I get in trouble for recording that phone call, even though I did tell him after the fact the I was recording, but he kept going with the mouth and incriminating himself (I wish you could hear this convo...you would be appaulled )? I need some advice, because I didn't know this until after the fact...and I don't want to go to jail.

Thanks. Angry consumer..trying to make matter right.

You are both in a one party state, you do not need to notify eac

You are both in a one party state, you do not need to notify each other that you are recording. You are perfectly within your rights to record.

Also even if it is a 2 party state, if you tell him or they tell you that you do not want to be recorded, it does not matter. The law is the law, just by continuing to talk you are consenting to being recorded. There is no clause in the law that if someone does not wat to be recorded that the other party has to comply.

If you live in a 2 party state, all you would have to do is get a notorized letter, send it to the other party stating all calls are o r can be recorded, such as this one I found online:

Due to the nature of our communication, please know that I will be recording all calls to phone number (xxx) XXX-XXXX for reference or possible evidence in court proceedings. This applies to ALL of our telephone conversations. This may be your ONLY notification.

Regards,

Philip Smith
08/24/09

http://www.fixyourthinking.com/2004/01/recording-phone-call-laws-by-state.html

lrhall41

Submitted by pokertramp on Wed, 01/20/2010 - 06:02

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thats right--you arent required to even inform them, and in your

thats right--you arent required to even inform them, and in your case, even if he said "dont record me" it doesnt matter, because his consent is not required at all.

Also, the fact that he kept talking is implied consent. youre covered.

If you have them on the recording saying ANYTHING that shows that they are aware of the settlement agreement--ANYTHING AT ALL--then if I were you I would go on www.naca.net and find yourself an attorney NOW. They really screwed the rooster on this deal....and they now owe you money. This is a blatant violation of the FDCPA, and as such you need to file that lawsuit and collect your $1000 plus court costs and attorney fees. Do not get rid of those recordings--they are literally worth their weight in gold right now.

My best advice is this:

1--Do NOT speak to these people anymore at all. Dont talk to them on the phone. They have already buried themselves, especially if you have them on tape being rude, obnoxious or insulting to you.
2--IMMEDIATELY, if you have not done so, go to your bank and put a hard block on your account. Better yet, have them close the account and open a new one. Tell them that your account security is compromised by a company that scammed you, and that you need to protect your account. Do this ASAP. Otherwise, this company will possibly try again to illegally take from your account!
3--look for that attorney like I mentioned-dont wait on this one. You most likely would find an attorney on contingency basis--that means they dont charge you anything, and they take your case on the basis that they will get their fee paid by the debt collector that youre going to sue. If you lose your case, you dont owe the lawyer anything. You cannot lose, so go for it!

I would love to know whats on that recording....possibly could point to more violations!

Also one more thing--go right now and check your credit reports. If this company is incorrectly reporting anything about this debt on there, thats only more money in your pocket. DO NOT FALL FOR THEIR CROOKED SCAM.

lrhall41

Submitted by skydivr7673 on Wed, 01/20/2010 - 10:01

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Thanks guys, I really appreciate the feedback. I did some furthe

Thanks guys, I really appreciate the feedback. I did some further research on FTC website and also found out that if the agreement was made orally, then the CA has to retain their recorded conversation of the original agreement for two years and that they are by law suppose to send me an express authorization form for me to sign prior to the initial drafting of my account. They told me that they are quaranteeing that they still had the recording because they only keep them for 90 days (mind you it hasn't been 90 days). After reading on WTC website this company has violated a lot of regulations. I will go to the bank in the morning and let them hear the recording maybe they will recoup the NSF charges that the CA made me get. Here it is I tried to resolve this for more than half of what I owe and tell you the truth the account is four yrs old and has been to several different agencies. Oh, I also learned that these collection agencies have to provide the a copy of the original debt if I want to contest having it and if they can't then they have to discontinue filing for it. It is amazing what we don't know and let these companies get away with.

lrhall41

Submitted by michelle ivery on Wed, 01/20/2010 - 14:06

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Yeah I learned over the past 3 years and I was very successful i

Yeah I learned over the past 3 years and I was very successful in defending myself Pro Se against a brutal debt collector. They tried right till the end of the lawsuit to get money out of me and they ended up filing a dismissal with prejudice agreement with me. All told it probably cost them well over $1,000 to attempt to collect from me and they lost....It goes to show they will do anything regardless to try for a judgment.
This is a debt collector in Massachusetts who files probably 30,000 lawsuits a year.

If any collector tries to come after me again with the junk that one did I would eat them for lunch and would have a lawsuit righht back against them. I know all my states collection laws by heart and know what to do to enforce them.

lrhall41

Submitted by pokertramp on Wed, 01/20/2010 - 16:46

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