Debtconsolidationcare.com - the USA consumer forum

Leaving Hand Written note at Home

Date: Wed, 10/05/2005 - 18:42

Submitted by anonymous
on Wed, 10/05/2005 - 18:42

Posts: 202330 Credits: [Donate]

Total Replies: 53


I just came back to my apartment and I found a hand written note on my door. It says to call a toll free number (877-836-3100, Nashville, TN), to ask for this such person at such ext. It says it was urgent and there was a case number. I called during the night and it looks like the name of the office is : Grant & Bagel Associates and that "your call may be recorded for legally purpuses"

Can either collection agenices or law firm do this?, just leave a hand written note at yoru place?

I file banckcrupcy about 2 years ago, so, not much money I own.


INAMIBLE

With the tecnology that comes with the internet and computers, firms and companies can easily find out certain little details. There is a certain collection company that knew a debtor worked at a place with multiple buildings and asked which building they were in. The site I'm talking about is google earth, and companies can find out the name of the complex and see what your home looks like from a satellite in the sky. Perhaps this company called your apartment complex (after finding out the name of it) and ask for them to leave a note...saying your phone wasn't working.

Now...on to the note. It wasn't official, so you can choose to disregard it if you want. It wasn't put in your mailbox, and it wasn't left on your voicemail. Anyone could have left that note. They know where you live, so why didn't they send you something certified. This is a form of harassment.

I also did a seach on the company with the BBB. Checking both the name and phone number I could find anything. Be leary when calling the company back...and if you have a voice recorder, you may want to record the phone call.

Regards-
Mike


lrhall41

Submitted by Teleport on Thu, 10/06/2005 - 00:27

( Posts: 1388 | Credits: )


i recived a call from tyoday at my jod saying that if i did not pay them $560 that they would come and arrest me by 7pm the want to talk to my boss and everything i think this is kind of crazy


lrhall41

Submitted by on Fri, 10/07/2005 - 20:38

( Posts: | Credits: )


chianti

Welcome to the forums!

First off, I would like to tell you that you cannot be arrested for being in debt. The only way you can ever be arrested is if you default on a court ordered judgement (which usually ends up in a garnishment). If you change jobs and don't report it, then maybe.

Second...if this is a collection agency who is violating FTC regulations...you may want to consider filing a complaint with the Better Business Bureau (bbb.org) and with the FTC.

Can you tell us what debt they are trying to collect on, and the name of the company that is calling you.

There is currently a company out there that is harassing people that is under investigation already.

In any situation, though, you have a right ask for valiation of debt.

The following is a template you can mail to them...as well as telling them to cease and desist telephone contact. YOU HAVE THIS RIGHT!!!!

template:

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on
September 30, 2002). Be advised that this is not a refusal to pay, but a
notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC
1692g Sec. 809 (b) that your claim is disputed and validation is
requested.

This is NOT a request for ???verification??? or proof of my mailing address,
but a request for VALIDATION made pursuant to the above named Title and
Section. I respectfully request that your offices provide me with
competent evidence that I have any legal obligation to pay you.

Please provide me with the following:


What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you
say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported
invalidated information to any of the 3 major Credit Bureau's (Equifax,
Experian or TransUnion) this action might constitute fraud under both
Federal and State Laws. Due to this fact, if any negative mark is found
on any of my credit reports by your company or the company that you
represent I will not hesitate in bringing legal action against you for
the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as
requested in the following Declaration, I will require at least 30 days
to investigate this information and during such time all collection
activity must cease and desist.

Also during this validation period, if any action is taken which could
be considered detrimental to any of my credit reports, I will consult
with my legal counsel for suit. This includes any listing any
information to a credit reporting repository that could be inaccurate or
invalidated or verifying an account as accurate when in fact there is no
provided proof that it is.

If your offices fail to respond to this validation request within 30
days from the date of your receipt, all references to this account must
be deleted and completely removed from my credit file and a copy of such
deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be
made by your offices to my home or to my place of employment. If your
offices attempt telephone communication with me, including but not
limited to computer generated calls and calls or correspondence sent to
or with any third parties, it will be considered harassment and I will
have no choice but to file suit. All future communications with me MUST
be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order
before I am forced to take legal action. This is an attempt to correct
your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name

end of template

Make sure that they have a license to be collecting as well. All this information should be provided to you. A license number should be public even if you don't have an account in collection. They may mail you a letter stating most of what you requested. Until you have gathered all the information requested, you have every right to dispute the debt.

I hope that the interigation doesn't scare you. There is no debt prison, and NO ONE is coming to your work. If you have a main work line that then gets transfered to your desk---you may want to inform your employer. That's up to you.

Remember----you're in control. But as always, try to resolve the matter and stay debt free. Protect yourself.

Best Regards-
Mike


lrhall41

Submitted by Teleport on Fri, 10/07/2005 - 21:13

( Posts: 1388 | Credits: )


Chances are this is the apartment complex. They might be getting phone calls with request to have a note left on your door. Remember with technology today it's very easy to find out the name of someones apartment complex, and then look up the phone number online.

Another question (which I didn't really think to ask) is this company based locally?

If this company is based locally then (well either way) you have a right to file harassment charges. Fr them to come to your come to your home trying to cllect on a debt--is considered harassment and I would consider talking with an attorney or the local police.

Regards-
Mike


lrhall41

Submitted by Teleport on Sun, 10/09/2005 - 21:27

( Posts: 1388 | Credits: )


I joined Bally fitness club on December 2004.After 4 months i cancelled the contract with that club since i am going back to my country due to my personal reason.As per contract i can cancel the contract if i submit the copy of my one way air ticket for their proof.I sent the copy of my one way airticket with delivery confirmation mail.Bally also received that mail.

I came back from my country on august 2005.Presently i received letter from law firm stating that i have to pay $2000 to Bally club.I checked my credit report,it showing negative points due to bally.Bally screwed my credit report and still asking me to pay $2000 within 30 days through Attorneys at Law .

Did that law firm will file case on me? Did they will ask me to appear in court?
Please let me know how to handle this situation.

Regds
Chen


lrhall41

Submitted by on Tue, 10/18/2005 - 18:13

( Posts: | Credits: )


Chenny

I would mail the lawfirm or whoever is representing Bally's a letter of validation. Do you still have the information that you oringally sent to them. This should of been reason enough to have the contract cancelled.

I also was in a similar situation when I had a fitness membership in Oklahoma City. When I moved to Ann Arbor, I was being contacted on my cell phone (which was still the OKC area code and phone number) to pay. I explained to them that I had moved and needed to provide proof. The contract was eventually cancelled and taken off of my credit report.

Having the information that you originally sent would be greatly beneficial. You can use the template below, as well as sending any copies of what you sent in will be all you need to send.

template

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on
September 30, 2002). Be advised that this is not a refusal to pay, but a
notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC
1692g Sec. 809 (b) that your claim is disputed and validation is
requested.

This is NOT a request for ???verification??? or proof of my mailing address,
but a request for VALIDATION made pursuant to the above named Title and
Section. I respectfully request that your offices provide me with
competent evidence that I have any legal obligation to pay you.

Please provide me with the following:


  • What the money you say I owe is for;
    Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you
    say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account
  • Show me that you are licensed to collect in my state
  • Provide me with your license numbers and Registered Agent


At this time I will also inform you that if your offices have reported
invalidated information to any of the 3 major Credit Bureau's (Equifax,
Experian or TransUnion) this action might constitute fraud under both
Federal and State Laws. Due to this fact, if any negative mark is found
on any of my credit reports by your company or the company that you
represent I will not hesitate in bringing legal action against you for
the following:

  • Violation of the Fair Credit Reporting Act
  • Violation of the Fair Debt Collection Practices Act
  • Defamation of Character
  • If your offices are able to provide the proper documentation as
    requested in the following Declaration, I will require at least 30 days
    to investigate this information and during such time all collection
    activity must cease and desist.


Also during this validation period, if any action is taken which could
be considered detrimental to any of my credit reports, I will consult
with my legal counsel for suit. This includes any listing any
information to a credit reporting repository that could be inaccurate or
invalidated or verifying an account as accurate when in fact there is no
provided proof that it is.

If your offices fail to respond to this validation request within 30
days from the date of your receipt, all references to this account must
be deleted and completely removed from my credit file and a copy of such
deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be
made by your offices to my home or to my place of employment. If your
offices attempt telephone communication with me, including but not
limited to computer generated calls and calls or correspondence sent to
or with any third parties, it will be considered harassment and I will
have no choice but to file suit. All future communications with me MUST
be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order
before I am forced to take legal action. This is an attempt to correct
your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name


template ends

Let us know what happens, or if you need anymore help.

Regards-
Mike


lrhall41

Submitted by Teleport on Tue, 10/18/2005 - 19:06

( Posts: 1388 | Credits: )


Hi Chenny

Quote:

As per contract I can cancel the contract if I submit the copy of my one way air ticket for their proof. I sent the copy of my one way air ticket with delivery confirmation mail. Bally also received that mail.


This is a very important proof showing that the contract with Bally's had been terminated. The collection agency will stop contacting you and remove the negative information from your credit report after rectifying the mistake. But you will have to provide this correspondence as proof.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 10/19/2005 - 12:28

( Posts: 4009 | Credits: )


Thanks Mike..
1)Bally already screwed my credit history.Do i need to mention that in the letter which i am going to send?
In your template it says "Also during this validation period, if any action is taken which could
be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit"

2) I have the one way ticket which i originally sent to them.If i send that ticket again they will come to know i am back, Since i came back from my country, law firm will force me to pay that amount?

Please let me know about my 2 question above before sending copies to them

Regds
Chen


lrhall41

Submitted by on Wed, 10/19/2005 - 13:30

( Posts: | Credits: )


Hi Chenny

You can mention in your letter about the negative information marked in your credit report. If they appear without legitimate cause, it is a violation of the fdcpa law and you have the right to take actions against them.

As you have returned back to your country, but you have ended the contract with Belly well in advance. So, they can't force you to pay on an incorrect account.

At the same time, you can also send a letter to Bally informing this activity. They will also ensure that your credit file is reported correctly to the bureaus.
Quote:

NEGOTIATING A FAVORABLE CREDIT REPORT ENTRY
(Send via CERTIFIED MAIL)

YOUR NAME
YOUR ADDRESS
CITY, STATE, ZIP CODE

Date:

CREDITOR NAME
ADDRESS
CITY, STATE, ZIP CODE

RE: Acct.#

Creditor:

I recently obtained a copy of my credit report and noticed that your company has reported me as having the above listed account as: (delinquent, sent to collections, etc.). I wish to be notified in writing that you agree to delete this item from any and all credit reporting agencies.

Sincerely,

Signature Date signed

Your name Date printed

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 10/19/2005 - 14:03

( Posts: 4009 | Credits: )


Chenny:

Ballys has specific rules when canceling a contract, you have to send I think two verifications you moved (bill in new city, state, country, voters reg -if possible- new license... that kind of thing), and you have to send it certified mail to their corporate office in california along with a 50.00 cancellation fee. For years, Ballys has only had 2 kinds of contracts, 36 months and lifetime (meaning until you cancel at a discounted price)... you had to cancel the same way on both contracts. It was only very recently that they started those month-to-month deals they are advertizing now. The make it almost impossible to get out of the contract, like getting out of jail. Since it has been so long I don't think you can send that info for verification of cancellation. Normally you have a 30 day window to give them the correct proof after you notified them you wanted to cancel, but they don't tell you the specifics on HOW to cancell. It is only in the contract you signed when you signed up with them, most people don't keep those. All I can say is read ALL


lrhall41

Submitted by on Wed, 10/19/2005 - 18:49

( Posts: | Credits: )


These guys called my house this morning. My wife answered as I wasn't home. While I didn't speak with them personally, my wife said they had some confidential information that they were trying to validate, and had called because they are trying to collect a debt pertaining to my sister.

Interesting as how they linked us together; presumably my sister used me as a reference at some point to obtain credit (however not as a guarantor), on a debt that is now in question, and are using such information in their attempt.

I'm not the one they are after, however I presume these tactics violate fdcpa. Anyone know?

Thanks!


lrhall41

Submitted by on Tue, 12/13/2005 - 20:46

( Posts: | Credits: )


okay I would contact my state attorney generals office about these guys, send them a c&d letter and document everything... I just called them posing an a government investigator and the secretary got very nervous when I asked whether or not they were lawyers or a CA. After asking that question, she played real dumb and would not even verify their name and address, stating that I would need to talk to the owner. I was supposedly transferred and after listing to a line ring for 5 min I hung up..


lrhall41

Submitted by on Wed, 12/14/2005 - 08:04

( Posts: | Credits: )


Adam in Hawaii

Welcome to the forums.

As per the fdcpa law, the debt collector can contact you only once to locate your sister and else, if you request to do that again.

The CA cannot insist you to pay your sister's debt. Tell them that you are not related in this matter and request to stop calling you.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 12/14/2005 - 11:48

( Posts: 4009 | Credits: )


adam, they should have never disclosed the call was about a debt. that is a blatent violation of fdcpa law. however, i will disagree with roxette a little. the agency is actually allowed to contact a 3rd party more than once to locate someone. although, there are a few states which have laws limited the number of contacts to a 3rd party.


lrhall41

Submitted by CollectorMatt on Wed, 12/14/2005 - 20:39

( Posts: 95 | Credits: )


Matt

How is that any different that what Ted Crosby, or Anthony Galloway, or Taylor James have been doing? They constantly have been posing as sherrifs or other government agents getting ready to move in, if a payment isn't made by a certain time.

True, what he did was wrong, but when consumers are getting harassed, and no information is being provided by the collection agency when requested...sometimes we have to go at extra lengths to get information supplied to us.

By the way, is your company apart of any discussion in this forum?

Regards-
Mike


lrhall41

Submitted by Teleport on Thu, 12/15/2005 - 08:40

( Posts: 1388 | Credits: )


Actually, I am a government investigator (and attorney), albiet I enforce things somewhat different... All I said was that I am an investigator for _____________ (which is true). I then asked them if they were a CA or a Law firm and the dance began.. So no impersonation or violation of law occurred. A side note, I fould nothing concerning licensing of this company either as a CA or Attorney in the State of Tennessee.


lrhall41

Submitted by on Thu, 12/15/2005 - 09:37

( Posts: | Credits: )


[quote=JJ]I just called them posing an a government investigator[/quote]

JJ

I think there was a misunderstanding here. You just stated that you posed as a government investigator, and that is illegal. I would have made it clearer in your post, as not to confuse others, or upset any collectors reading the forums. There is no need to pose if you truely are an investigator.

It is kind of ironic that a collection office can do it, and then they get frustrated when we turn the tables on them, and do it ourself.

Regards-
Mike


lrhall41

Submitted by Teleport on Thu, 12/15/2005 - 09:47

( Posts: 1388 | Credits: )


Matt,

The fdcpa allows collectors to contact the consumers only if there is a legitimate reason. But, this usually is not followed by most of the collectors. There are incidences when a person's old parents are often contacted and insulted after telling the fact that their son is not living with them. Do you think the debt collector is giving a genuine cause to locate the person? Some even stress the family members to the extent that they fall ill and this does not bother them at all. This is shameful, indeed.

The federal laws are the same for one and all. But the collectors are putting a bad name to the industry just because of their insane and shameful activities.

I still say there are good collectors even today who have something called inner conscious. Not all the fingers are of the same size and not all collectors do good business. You might know this fact but it seems that you are not ready to accept the straight fact heard in the industry.

Collections are a part of the debt industry but this one has lots of consumers' complaints everywhere in the internet.


lrhall41

Submitted by roxette on Thu, 12/15/2005 - 09:54

( Posts: 4009 | Credits: )


Your right roxette and I apologige for creating a stir, a poor choice of words... thats what I get for not proofing my writing.


lrhall41

Submitted by on Thu, 12/15/2005 - 10:50

( Posts: | Credits: )


Quote:

How is that any different that what Ted Crosby, or Anthony Galloway, or Taylor James have been doing? They constantly have been posing as sherrifs or other government agents getting ready to move in, if a payment isn't made by a certain time.

True, what he did was wrong, but when consumers are getting harassed, and no information is being provided by the collection agency when requested...sometimes we have to go at extra lengths to get information supplied to us.


i completely agree with you. companies that pose as such, should get what's coming to them. i was merely giving 'jj' a hard time in a joking manner. and as you know, it is completely illegal for any collection agency to pose as a law enforcement agency or as a law firm.

Quote:
By the way, is your company apart of any discussion in this forum?


not that it has to do with anything here, no.


lrhall41

Submitted by CollectorMatt on Sun, 12/18/2005 - 16:39

( Posts: 95 | Credits: )


Quote:

The fdcpa allows collectors to contact the consumers only if there is a legitimate reason. But, this usually is not followed by most of the collectors. There are incidences when a person's old parents are often contacted and insulted after telling the fact that their son is not living with them. Do you think the debt collector is giving a genuine cause to locate the person? Some even stress the family members to the extent that they fall ill and this does not bother them at all. This is shameful, indeed.


you're being a little dramatic here (ok, A LOT dramatic!!). however, calling a 3rd party over and over again is not with cause. i don't believe it is necessary and it is almost always harassing for that party. a collector can contact a 3rd party more than once only if they believe the 3rd party has new/updated/more accurate information since the initial contact. however, a collector can call a 3rd parties residence more than once if the debtor lives with tha 3rd party. and of course, the 3rd party can req a cease to all calls to their household (if they own the phone line).

Quote:
The federal laws are the same for one and all. But the collectors are putting a bad name to the industry just because of their insane and shameful activities.


just which collectors are you guys speaking of? i look around my office and i don't hear anyone talking insane or insulting people for skipping out on their bills.

Quote:
I still say there are good collectors even today who have something called inner conscious. Not all the fingers are of the same size and not all collectors do good business. You might know this fact but it seems that you are not ready to accept the straight fact heard in the industry.


i certainly don't assume all jews are only interested in money.


lrhall41

Submitted by CollectorMatt on Sun, 12/18/2005 - 16:45

( Posts: 95 | Credits: )


Quote:

you're being a little dramatic here (ok, A LOT dramatic!!)


I am not being dramatic. I am putting it in front of you after hearing the sad stories of the people. If you had been in their shoes, you won't have been the same like you are.

Quote:
just which collectors are you guys speaking of? i look around my office and i don't hear anyone talking insane or insulting people for skipping out on their bills.


Seeing you visiting this forum on a regular note, I thought you might have caught a glimpse of the unfair collection activities done by some companies. But it's sad that you are ignoring them on the whole and blaming the people entirely.


lrhall41

Submitted by roxette on Mon, 12/19/2005 - 14:57

( Posts: 4009 | Credits: )


I got a phone call today from a guy who said that my neighbor needed to contact them and that when they put my neighbors information in, my husband and I's information pops up. Is this just a way to get me to go up there and tell them? Isn't this illegal to involve a neighbor who has nothing to do with the situation?


lrhall41

Submitted by on Thu, 01/05/2006 - 21:47

( Posts: | Credits: )


guest33, call Andrew Edwards and verify this matter. The company might be seeking collection on some of your past debt. Check your credit report and see if they have entered anything in your file. It is better to pay off the debt and get rid of such calls. If you don't owe any debt, simply dispute with them. Call them and resolve this matter as early as possible.


lrhall41

Submitted by ben on Fri, 01/06/2006 - 12:55

( Posts: 2034 | Credits: )


I just received a call from this same law firm. It comes up on my caller ID as Graham & Beagle. The number is 716-836-1912 and the number they left on my voice mail is 877-836-3100 x15. Guy said he was a senior partner and his name is John Benning. He said if I didn't return his phone call he would be forced to turn this over to the State of Florida. Very threatening sounding. I've not called them back yet but I've never received any written communication from them ever. My number is nonpublished and have no idea how they got it. I owed a few bills from over four years ago and don't know which this may be for. I'm going to send them the letter (template) that you provided and see what happens. Don't really want to speak with this guy as I get very defensive with people who act like this and may stick my foot in my mouth if I'm not careful. Anyone else had contact with these people?


lrhall41

Submitted by on Sat, 09/30/2006 - 07:21

( Posts: | Credits: )


Linda-have a look at this thread,and there are more like it http://forums.debtcc.com/forums/about6529.html you will see what others are going through with them,also their address. I would send them a debt validation letter,certified,return receipt.Check out the statutes of limitations in your state also. Keep us posted...Karen


lrhall41

Submitted by Bossy4455 on Sat, 09/30/2006 - 10:34

( Posts: 5854 | Credits: )


ANNOYED!!

The collector who called you is lying. They did a property search and located the person they are looking for and the surrounding residences. NCO likes to pull this scam, dont tell them anything!!

I had a bunch of harrassment calls from them last year regarding a guy who used to live upstairs. Thge NCO scam artist told me that my phone number was the one he gave them. When I caught him in his lie he told me he did a property search.

These jerks have access to everything you keep safe in your purse and can use it against you without penalty. Be extremely carefull.


lrhall41

Submitted by on Sun, 10/01/2006 - 02:40

( Posts: | Credits: )


Does anyone know anything about ameriloan (pdl company)? I have a pdl with them. I faxed them a letter to verify/validate the debt and stop withdrawing funds from my checking account. I haven't heard anything from them. I have researched but I can't find anything that shows they are liscensed in my state (Alabama)? Does anyone know an email address for them?


lrhall41

Submitted by kirasienna13 on Sun, 10/01/2006 - 13:25

( Posts: 97 | Credits: )


They also go by Rio Resources, and they are not licensed in most states, and I'll be willing to place a bet they are not licensed in Alabama either. I also haven't heard anything from them since my AGs office contacted them a month ago about my complaint and the fact they don't have a license in my state. I do not know that they have an e-mail address, maybe somebody else on the forum will be able to find one. Have they stopped debiting from your account?


lrhall41

Submitted by WHEREAMI? on Sun, 10/01/2006 - 13:31

( Posts: 5263 | Credits: )