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no Mini Miranda given

Date: Wed, 09/28/2005 - 21:45

Submitted by anonymous
on Wed, 09/28/2005 - 21:45

Posts: 202330 Credits: [Donate]

Total Replies: 2


I have worked in the collection industry for 5 years. It was my first job and I am extremely educated on fdcpa and FCRA. Unforturnately, my fiance' lost his job and we fell on some hard times. An old apartment complex I lived in sent me to a collection agency in Georgia. I moved in April of 2004 from that apt complex. I was never notified via mail because the geniuses at the apt complex provided the coll agency with the address of the old apt I lived in. Yes I did put in a COA with the USPS but somehow my mail was never forwarded. Anyways, they finally called me in March of 2005 demanding money from me. I left that apt in tip top shape. My dad and I spent two days cleaning it because we got on our hands and needs and even scrubbed the baseboards. I informed the agent that I had not received any mail from them, adv them of the 30 validation period. I then requested an itemization from them. I even offered him my new address. He told me I needed to go down to Kinko's, pay them money and wait on them to fax me an itemization. I told him he was crazy and by law, I don't have to do that, he needs to send it by mail if I request it. He refused, so I asked for their address so I could mail them a request for a detailed itemization. He refused to give me that. He also did not read me the Mini Miranda. Months have passed and I got another phone call at work, which was today. The lady got on the phone and immediately threw me attitude. She did not give me the MM either. I informed her that our phone call was being recorded. I am a supervisor over our collection department so I decided to record the phone call. She said well obviously I am refusing to pay the debt. I said NO SUCH THING! I did remind her she must give the MM since she was a third party. She said she is going to document into my account that "I am refusing to pay and they will take further action" She told me the simple fact is "Kasey, you don't pay your bills do you?" I said yes I do however I'm not going to just send you money without seeing a statement of what I owe. She continued to just say, " you don't pay your bills you don't pay your bills, and just kept going". I said," I would advise you not to document that into my account because that would mean you are falsifying my statement. We haven't even begun to discuss paying the debt, I haven't even received a statement from you people." Now even though I have done this for many years, I'm confused at what laws have been violated. Obviously, the MM law has been, but how do I handle this? Do I contact Georgia attny general. I don't have the money for an attorney right now so that is out of the question. Where do I go from here and what specific laws has she broken? I can get them on MM violation no question. Can someone give me some direction since I don't have the ability to pay for legal counsel?


Kasey,

Since you're well informed about the rules of debt collection, it's easier for you to handle the situation. If I was in your place, probable got nervous and scared.

Anyways, you can file your online complaint with Governor's Office of Consumer Affairs, Georgia. Visit consumer.georgia.gov

The steps to file a complaint are stated there. Wish to hear from you very soon. Best of luck.

Bryan


lrhall41

Submitted by 4u.bryan on Thu, 09/29/2005 - 10:09

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Hi Kasey

Welcome to the forums.

It seems from your post that the collection agency is not providing the actual details of your debt and is trying to intimidate you. Have you sent them a letter to validate the debt through certified mail with return receipt? They are legally required to present the complete details of your account once they receive your letter. You can refuse to pay the amount until it has been proven.

If the debt is not validated and they keep contacting you, it will be a violation of the Consumer protection afforded by the fdcpa Section 809 (b) and you can sue them up to $1,000.

Moreover, it will also result in a violation of the FDCPA law under Section 805 (c) on charges of contacting you even after sending the cease and desist letter. You can sue them up to $1,000 for this action too.

You have the legal rights to force the collection agency to remove all the negative information appearing in your credit report if the debt is not presented to you in actual shape.

Use your consumer rights against the collection agencies who work outside the lines of the FDCPA law. You can file your complaints at the FTC, BBB and the state attorney general office and request for immediate action.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 09/29/2005 - 10:42

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