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Suing a Collection Agency

Date: Fri, 02/26/2010 - 17:03

Submitted by Kitty Marie
on Fri, 02/26/2010 - 17:03

Posts: 79 Credits: [Donate]

Total Replies: 6


I'm unsure if the case I have is solid and I have been unsuccessful at getting a lawyer (that was referred to me by my employers help agency) to call me back. So I figured I would bring it to this forum.

First off - is there a time limit on suing a collection agency for violations?

I was contacted in October of 2009. A collector called my office looking for me. I was transferred the call. She said she was contacting me regarding an outstanding Bally's account (she didn't state she was a collector and calling to collect on a debt and any information obtained would be used for that purpose) she just jumped right into the water. When I asked for further information she began to sort of bully me over the phone and try to intimidate me to pay the debt NOW! She even threatened me with garnishment of my wages and threatened to contact my employer to set up the garnishment (no mention of court or lawyers) and asked "is that what you want?".

I was literally in tears because all this was going on with in ear-shot of my bosses. Which was embarassing and the collector continued to raise her voice at me over the phone and threaten me that I needed to have payment in that day. We ended up ending the call. I told her I would call her back.

Unfortunately, I didn't record that call. I was a bit to shaken up to remember (or know) to hit the "record button" on my phone console.

Later on I called her back (after researching the matter and my rights). I asked for additional info and a letter and contract and validation on the debt (I recorded this call). She said she had no idea what I was talking about and she didn't have time to "play games with me". She got nasty with me, refused to give me their mailing address and said that I wasn't allowed to send them a letter and that "no mail will be coming into this office, only mail will be going out of this office, this letter I am sending you - do you understand me?!"

She also misrepresented another company. She claimed she worked for one Simm Associates when in fact she worked for Assigned Credit Solutions. I have her on tape stating she worked for Simm Associates.

After I filed my complaints with the FTC and BBB I got an email from the "General Counsel" of Simm Associates. We emailed back and forth for about a day. He could not find ANY record of me in their company what so ever.

The collector ended up emailing me a copy of their SIFF letter. That's how I found out what company she really worked for. I immediately emailed the lawyer, told him about the letter. He apologized and told me that his company sometimes did business with that smaller company but that they, in no way shape or form, represented them or their business matters on this particular issue. He then emailed the owner Assigned Credit Solutions and told him what had been going on and copied me on all the emails and provided me with full contact information for Assigned Credit Solutions.

Immediately the owner of Assigned Credit Solutions was contacting me and apologizing for the situation and told me that they in no way represented the other company and the collector must have been confused. He copied the counselor from Simm Associates on the email (I assume as sort of an apology to them for misrepresentation on his companies behalf). He also apologized to me and told me she had been counseled and reprimanded.

So now I am unsure. I have 2 of her 3 phone calls to me recorded PLUS all the emails from both Simm Associates counsel trying to straighten it out with me PLUS the emails from the owner Assigned Credit Solutions letting me know it was an error on her part and apologizing to me.

Should I pursue suing them? It really urks me that they employ these types of scare tactics on people - especially knowing they are calling someones office and doing it!

What steps should I take?


Quote:

was contacted in October of 2009. A collector called my office looking for me. I was transferred the call. She said she was contacting me regarding an outstanding Bally's account (she didn't state she was a collector and calling to collect on a debt and any information obtained would be used for that purpose) she just jumped right into the water. When I asked for further information she began to sort of bully me over the phone and try to intimidate me to pay the debt NOW! She even threatened me with garnishment of my wages and threatened to contact my employer to set up the garnishment (no mention of court or lawyers) and asked "is that what you want?".


Several violations....threatening action she cannot take plus no mini miranda
Quote:

Later on I called her back (after researching the matter and my rights). I asked for additional info and a letter and contract and validation on the debt (I recorded this call). She said she had no idea what I was talking about and she didn't have time to "play games with me". She got nasty with me, refused to give me their mailing address and said that I wasn't allowed to send them a letter and that "no mail will be coming into this office, only mail will be going out of this office, this letter I am sending you - do you understand me?!"


Yeah....you recorded it!

Have you looked for a NACA attorney?? The embarassment alone in front of your employers is worth punative damages of a couple grand.

Personally I would send an "intent to sue" letter. Tell them straight out that they cause you undue distress and embarrassment, and that you have recordings and emails and that you wish to be compensated at least $3000 (?) for the distress and pain and suffering plus the 1. Give them 14 days to respond or you will be forced to turn over copies of the tapes and documentation to a a consumer attorney. (What state are you in?)


lrhall41

Submitted by SOAPLADY on Fri, 02/26/2010 - 17:39

( Posts: 17315 | Credits: )


I'm in California. Los Angeles to be exact.

No, I had some sort support through my employer - which includes free legal counsel etc. But the lawyer they found for me never called back. So I've been just reading up since then.

She even called me back after I told her not too and that it was my place of business and those types of calls were not acceptable. But she only called me back to confirm my address to send her "letter" too. I never did receive the letter in the mail.

For the FDCPA violations - do you sue them per occurance or per conversation? Meaning, I had 2 conversations with her in which she had multiple violations in each.

And do you sue them for damages + the violations?


lrhall41

Submitted by Kitty Marie on Fri, 02/26/2010 - 19:55

( Posts: 79 | Credits: )


So I received a call from the collection agency's lawyer today. He offered me $500 to resolve the matter - which I turned down. I explained to him why I was turning down their offer.

He said he would speak to his client again to see how they wanted to officially respond or if they wanted to come back with another offer.


lrhall41

Submitted by Kitty Marie on Wed, 03/31/2010 - 16:45

( Posts: 79 | Credits: )


Just tell the guy "no problem, I'll await your response but just so you know, in the meantime I will charge you 30% interest, over the limit fees and late fees and in addition to that call you every hour on the hour whether you answer or not" LOL

Go get em! I would think the good collection agencies want these guys out of the business too.


lrhall41

Submitted by on Wed, 03/31/2010 - 19:33

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