violation of FDCPA by the collection agency

Date: Sun, 09/04/2005 - 21:19

Submitted by anonymous
on Sun, 09/04/2005 - 21:19

Posts: 202330 Credits: [Donate]

Total Replies: 3

I was contacted via telephone at work on Thursday, 25 August 2005 by a CA RE: an account that the original debt is from the year 2000 [date of last activity]. I spoke briefly with the woman to inform her that I was unable to speak with her at that time as I was at work and that I would be home in the evening; she verified my address and phone number and said 'We have to make a decision about this file by tomorrow!' The following Wednesday, 31 August 2005, I was informed by the receptionist at work that a woman had called looking for me, when I didn't pick up because I was with a patient, she asked to speak with my supervisor; my supervisor was in a meeting so she then told the recetpionist that 'well, I need to speak with someone in payroll... this is about a wage garnishment'!!!!! The receptionist then transferred her to Payroll/Human Resources... After she hung up with Payroll/Human Resources.... she called back and told the receptionist to tell me that she'd called and had verified employment and left her name and a phone number. I subsequently spoke with the Payroll/HR person who really didn't want to give up much information... I asked if that person had verified employment... and she said well, yeah, she wanted to know when you started working here and if you still were working here. I then proceeded to ask her if the woman had mentioned anything about wage garnishment and she said 'I don't want to even go there'...and I said - well, but you can't do anything unless you have a court order, right?? And she responded with 'well I know what to do if I get something, so let's just see what happens.'
This woman was NOT the first womam who called. Also, it wasn't until I got home that Wednesday night, 31 August 2005 that I actually got a 'welcome'
letter from the CA.

My questions are:
1. Isn't this a violation of the fdcpa with respect to third party info?? And isn't she jumping the gun a little bit on the wage garnishment issue?? I plan to send a request for validation of debt.
2. They're claiming they bought the account from MBNA in March/2003... so where has it been since 2000 or early 2001 when MBNA charged it off???
3. They reported this account last summer and listed it at the original amount of ~10550.00..... now they're saying it's like ~16000.00+. Is this possible??

Thanks for your help/advice and sorry this is so lengthy!!

Kidglove

Hi Kidglove Welcome to the forums. As per the fdcpa law, the

Hi Kidglove

Welcome to the forums. As per the fdcpa law, the collection agency has the right to find your contact information from others, but only once. Also, they don't have the right to inform about your debt to anyone. If they are trying to seek information from your Payroll/HR person, then also, it is somewhat illegal.

Make sure that they validated the past debt because it is your legal right to know the correct details it. If they are unable to produce it, then you can take action against them.

Also, send all your correspondence through certified mail with return receipt requested so that you can track it later. It will prove that you made an effort to pay your debt. You can also mention that you wish to communicate only through mail and that one should be contacted regarding your debt.

Regards
Roxette

lrhall41

Submitted by roxette on Mon, 09/05/2005 - 10:14

( Posts: 4009 | Credits: )

FDCPA

Thanks for the reply.... so let me make sure I understand this correctly: Since I spoke with the first person on the first call, then they obviously know that I work there,not to mention that I did verify my current address and phone number with her. So the 2nd woman is in violation of fdcpa law by #1. Calling my place of employment when I told the 1st woman that I couldn't talk to her about it at work; #2. for mentioning 'wage garnishment' to the receptionist and #3. for speaking with the Payroll/HR person RE: my employment status and I suspect most likely wage garnishments?????

Also, suppose they are able to verify the debt with all the appropriate paperwork, can I then use these 'violations' as leverage when trying to negotiate with them???

And I'm sure they paid pennies on the dollar for this account... are they required by law to disclose what they paid for it??? Because I can hear them already saying 'we don't have to tell you that'!!

Thanks and again, sorry so lengthy.

Kidglove

lrhall41

Submitted by on Mon, 09/05/2005 - 13:47

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I have a credit card from 1999. I stopped paying it sometime in

I have a credit card from 1999. I stopped paying it sometime in 2000. I assumed it went to collections in some off brand collection company. Well I was wrong. It's still ACTIVE...at the credit card company. I AM SOOOO LUCKY, that they haven't been charging interst rates or late fees....etc. Each credit card company is different. Collection companies however can't add on late fees or finance charges. They buy these accounts usually for .25 cents on the dollar. Sometimes cheaper. So at any rate, you're always allowed to bargain. Maintain your ground when they say no, maybe mention filing bankruptcy. It's not always a good idea, but it really depends who you're talking to. Oh..and be sure to actually make an offer somewhere close to what you owe. Don't bargain $200 more than what they paid. This still is debt that you borrowed.

As far as calling you're work and disclosing information. They are not allowed to gather information until they are actually filing a petion for garnishment. In that case....when they contact you again, mention that they called your work for garnishment, the courts will only allow 25% per paycheck. Tell them sorry that they jumped the gun, and that you will no longer speak with them. Mail them a CEASE & DESIST LETTER!

Hope everything goes well for you.

Good Luck!

lrhall41

Submitted by Teleport on Mon, 09/05/2005 - 14:06

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