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"Larry Roach" is harassing me, poor student... need help!

Date: Thu, 07/21/2011 - 11:45

Submitted by anonymous
on Thu, 07/21/2011 - 11:45

Posts: 202330 Credits: [Donate]

Total Replies: 13


Hi, I don't know where to start.

I have a credit card with Chase (formerly WAMU). At the end of November I lost my job and was without income for 6 months before being hired at the beginning of May at a small retail store. I informed Chase when I lost my job and explained my situation and that I would make a payment when I could. I only make $400 a month (if I'm lucky and hours permit), but I did recently start a second job and my hours are projecting I will be making $800 a month.

Anyway, I got a call from "Larry Roach" today and the representative told me I had until the end of the month to come up with the balance ($1100 something). I asked if I could make payments over a period of time... she said "no". I asked if they would take a settlement and she asked me what my offer was... I told her I could come up with $400 by the middle of August and she said "Really $400? They're not going to accept that. And it needs to be settled by the end of July. There's no August, September, or so on." At this point, I became very frusterated. I asked her what would they take and she said $870. I told her there was no way I could come up with that much money in one week. And she said that she'd recommend that the company take legal action and I would incur court costs and lawyer fees and additional expenses. I asked her where I was supposed to get the money from, I was out of a job for 6 months with no income, scraping by (barely). And she asked if I was refusing to pay it. I said I wasn't refusing to pay it, I just think you all are being a little unreasonable. I can't pull $870 out of my butt. At this point she started talking over me and the call just went downhill from there. She said she would put the account on hold for 24 hours for me to try to find a way to come up with the money.

This is the situation I'm in. I really just need to know my rights, what I can do. I'm a student in Georgia and I've been struggling since November. The representative was a real capital B, and she had a holier than thou attitude like this was all my fault, like I'm just some jackass who opened a credit card to blow on crap I didn't need. Truth is, the card was completely paid off but last July my clutch went and I had to use it to fix my car. I had paid it about halfway down but with all late fees and interest over the past 6 months while I was unemployed got it to where it's at now. I told her this too before she closed the call and that I know she has a crappy job but she has a crappy attitude and should work on being more empathetic because it might make her easier to deal with. I know it's not her fault I'm in this situation but I don't take kindly to threats. It doesn't seem worth it for them to take me to court for $1000 dollars. They'd have to pay court and legal fees too. I just don't understand why they aren't trying to be more flexible. I'm just venting at this point.

Can anybody help me with information...?? Please?


Please let me know what collection agency this is so that I can better assist you.

Also, yes, Chase will accept less than $870.00 for this account, but you needn't bother offering a settlement in July if you can't pay it until August. This bill collector is looking at closing a deal this month to meet her quota.

I'll wait to hear back from you before I offer more information. Thanks so much!

Marie Megge


lrhall41

Submitted by mariemegge on Thu, 07/21/2011 - 12:33

( Posts: 168 | Credits: )


Hello,

Thanks so much for providing this additional information.

Wondering why Collect America is talking with you if the account is with Larry Roach's office. Please let me know if Collect America purchased this account from Chase. Also, it's important to know whether or not Larry Roach practices law within the state in which you reside. If he does, he can file suit. If he doesn't, he won't be able to touch you. Please clarify these two issues.

Thanks so much.

Marie Megge
Donaldson Williams, Inc.


lrhall41

Submitted by mariemegge on Fri, 07/22/2011 - 08:04

( Posts: 168 | Credits: )


From what I understand, Collect America is the company that purchased the debt from Chase. I spoke with a CA rep today and she explained they aren't licensed to collect debt so they send it out to different law firms to collect for them. This is where Larry Roach comes in. They are the law firm "representing" Collect America. They are based out of Akron, OH and cannot sue me because I am in Atlanta, GA. However, today I called again to try to work something out and I got the same schpeal and threatened to send my account to a GA lawyer who can sue.

I recorded the call.


lrhall41

Submitted by brokecollegestudent on Fri, 07/22/2011 - 21:12

( Posts: 4 | Credits: )


Not being licensed does not excuse them from compliance with the FDCPA. Neither does being an attorney exclude that party from FDCPA compliance. His call to you was a debt collection practice action, and he is acting as a debt collector, particulary since he is not licensed to practice law in your jurisdiction. So treat him the same as any debt collector. He is nothing more than an employee of the debt collector.
Did the debt collector ever send you a formal, written collection (dunning) notice, which is required to have been sent to you within 5-days of any initial communication with you? Have you sent a debt validation (DV) letter to them under FDCPA 809(b)? If not, immediately send them a DV letter. That will bar them from further collection activities until such time as they have provided you debt validation.
Threatening to take legal action that they can and intend to take is not a violation of the FDCPA. I would assume their intent is there. It is hard to prove their lack of intent.


lrhall41

Submitted by Lian on Sun, 07/24/2011 - 02:21

( Posts: 234 | Credits: )


[FONT=Arial]A federal statute known as the Fair Debt Collection Practices Act (often called the "FDCPA"), 15 USC 1692, gives you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the debt or their intentions, or otherwise act in ways proscribed by the act (and their are many). False statements may include (and this list is just a small example) threats to:

[/FONT]

  • Sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.
  • Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not;
  • Or a threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector (e.g. "This will be transferred to our legal department for further action"). Letters misrepresenting that the account has been transferred to an attorney may include an attorney's letterhead with threats of legal action. Have you ever received a letter from a lawyer who purportedly collects for a major creditor? Has the lawyer been out-of-state? Has the lawyer threatened to sue if payment was not made?
  • Other Little-Known Tactics that are also illegal:

    • [FONT=Arial]It is unlawful under the FDCPA to threaten suit if no such action is intended. This even applies if the collector says if you don't do something within a certain time period, something else may happen. [URL="http://www.pennlawyer.com/fdcpa.htm#Recent_case_of_interest"]See discussion below[/URL] in the case of Brown v. CSC. The attorney cannot sue you in a state that is not your home state, under the FDCPA. Therefore, the threat is an empty one. Empty threats are punishable under the FDCPA![/FONT]
    I believe this applies to me. The first representative told me I had 24 hours to come up with the payment they wanted by the end of the month and that if I somehow could not come up with an arrangment in the 24 hours I would be labeled as "refusing to pay" and I would then be sued. The 24 hours passed, I called back and the second person would not accept my offer and told me to call back when I could come up with the money. So her threat was an empty one to try and pressure me into coming up with the money within that 24 hour period. All of their threats are empty seeing as they can't in fact sue me. They also talking to me in a way that was demoralizing, humiliating, degrading, embarrassing and intimidating.

    Does anyone else think I have something here? I'm seriously considering lawyering up at this point.


    • lrhall41

    Submitted by brokecollegestudent on Sun, 07/24/2011 - 20:26

    ( Posts: 4 | Credits: )


    Yes, deal with these people as though they're nothing more than bill collectors - because that's just what they are. They can't sue you, so disregard their threats.

    They are definitely breaking some of the FDCPA laws, but whether or not you want to "lawyer up" is up to you. I'd definitely use this to my advantage, though, and attempt to get a good settlement out of them, if you can.

    If you send them something in writing stating that they violated the FDCPA, and you will be reporting their behavior to the Attorney General, and the FTC, they're going to change their attitude - for the better.

    Good luck!

    Marie Megge
    Donaldson Williams, Inc.


    lrhall41

    Submitted by mariemegge on Mon, 07/25/2011 - 12:00

    ( Posts: 168 | Credits: )