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Short rundown,Sears sold my account ot LVNV,who passed it to Resurgent,who passed it to phillips-cowan. Been talking to a guy there who wanted me to sell things,get loan,something to pay him. Said for me to call Wells Fargo,Tell them he referred me and they would give me loan,didn't do this,of coursr,and dropped it. Today on my recorder,get this-Wells Fargo calls and said joe blow said you need some help,and we can help you with a consolidation loan!! Is this legaljoe blow from collection agency calls wells fargo and says lend them money so we can get paid,and wells fargo calls me to say,hey,I know you need help?? This is all tooo weird for me. Haven't called wells fargo back yet,and most certainly won't be taking aloan with them. Any thoughts?? Thanks All

hmm I would think it is a violation of the fdcpa

Sub: #1 posted on Fri, 03/17/2006 - 14:58


WHOA. IMHO, this is a violation of the fdcpa.

[quote]?? 805. Communication in connection with debt collection [15 USC 1692c]

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. [/quote]

I would call them on this.


Sub: #2 posted on Fri, 03/17/2006 - 15:09

Mary Mary

(Posts: 1344 | Credits: )

They have sent your information to someone else without your authorization. This is not right. You have to call Phillips & Cohen as well to know if the particular person you dealt with is involved in this idiotic action or not. Try to speak with a supervisor or someone with higher designation. You can also consult a lawyer with this.

It seems original creditor will not accept money from you, perhaps the account is sold. Have you checked the SOL of this account? No one can legally force you to pay a past SOL debt. Keep us posted.

Sub: #3 posted on Fri, 03/17/2006 - 15:33

stanley stanley

(Posts: 1640 | Credits: )

Well,unfortunately,Stan,We have stupidly making payments to Sears for 18? years,which has amounted to making payments on finance charges,other charges,etc. Haven't enen charged or used a sears charge in 15+ years. Yes sears sold this,but we had made a payment to them in December,and LVNV bought this from them in January. The guy from phillips-cowan contacted wells fargo,because he(phillips) told me about them,and then wells fargo called and said this guy(the one that told me about them)told him(wells fargo),gosh this is even confusing to me,hope you can understand this.!!

Sub: #4 posted on Fri, 03/17/2006 - 16:34

Bossy4455 Bossy4455
(Posts: 5854 | Credits: )

Oh Bossy!!! This can't be 'alright' for them to pull this stunt on you. Do you have a lawyer? Because like Stan said, you definitely should consult your lawyer over this.
You know what gets me about some of these 'sleezy' collectors? They know that we're down on our luck or our paperwork wouldn't be on their desk. In the land of little pink houses for you and me, we would have our lives under control and pay our bills on time. So if we can't pay our bills, how in the world can we afford to hire a lawyer. and I think this is their thinking and why they try to get away with the stuff they do. They deal with people who are broke, have no money and can't pay their bills.

Bossy, you stand your ground---they are dead wrong in what they've done. And you don't want to get involved with wells fargo either! trust me. I still can't believe they did this!!!

Sub: #5 posted on Fri, 03/17/2006 - 20:20

imkimssister imkimssister

(Posts: 1302 | Credits: )

you're right Shirley, this isn't alright!! I am going to call Wells Fargo Monday,only to act nice so I can get this guys full name and more details about how he got my info,and what he says. Idon't have a lawyer,but after I find out info on this I may have to see about getting one,little tight on money,but this stuff can't go on. And thanks,Shirley,I had read posts about wells fargo earlier and the trouble you were having with them. Besides,anyone that calls ME out of the blue from another state and says they want to loan me money is a scam waiting to happen!! Will keep you posted what I find out. Thanks so much Karen

Sub: #6 posted on Sat, 03/18/2006 - 10:13

Bossy4455 Bossy4455
(Posts: 5854 | Credits: )

I wouldn't trust him anyway--We use Wells Fargo here at my job as our financing company, and they don't just approve anybody. That rep would probably be up to some funny business if he can just approve you like that regardless of your financial situation. And they would probably charge you ridiculous interest.

Sub: #7 posted on Sat, 03/18/2006 - 10:43

Jessi Jessi

(Posts: 3361 | Credits: )

yes you're right Jessi. and also, its never good to get a loan to pay off a loan, which althought phillips and cohen have this, its still a debt and inquiring a debt to pay off a debt is a never ending cycle. We have talked about that here in the forum. I still can't believe the nerve of these people. As I have said, i have two accounts I am paying to them and have never once had any problems out of them. I guess I've been lucky with everything I have read here in the forum and else where about them. Hey, and if there was any doubt, theres no doubt now after what they've done to Bossy!!!! this just makes me mad!

Sub: #8 posted on Sat, 03/18/2006 - 12:01

imkimssister imkimssister

(Posts: 1302 | Credits: )

Referring to the original post, the guy's intentions were all right, but his delivery was crap. Instead of potentially putting you at risk for identity theft disaster, he should have given you the contact information of the lenders and let the ball into your court. In student loans, I referred debtors to a home equity loan company that made their services available to us twice. First, I gave them the name and number of the lender, and then I waited to hear back from either the lender or the debtor. Under no circumstances should a collector give the personal information of a debtor to a lender without consent.

Sub: #9 posted on Mon, 03/20/2006 - 13:11

Jedi Mistress Ari Jedi Mistress Ari

(Posts: 2192 | Credits: )

Hey Ari,he did give me the info for the lender,but before I had even a chance to think,the guy from Wells Fargo called me!! There is no way I am borrowing to pay these people, another loan puts me in deeper and I'm trying to get out. Like I told him,all I want to do is make payments and get this paid off,but he only wants the full amount. Hopefully,with income tax money,actually the govt. gets it,but,we will have the IRS paid off--Yea-- and I was going to put that payment in addition to my payment to pay these people off. Don't know what to do next. Guess I'll call philips-cowen again tomorrow and see what they say. He'll be really P.O.'d since I haven't called wells fargo!! Gosh, it looks like they would be happy that I want to pay this off instead of trying to duck the responsibility. You are right Shirley,this makes me mad too!! Thanks All

Sub: #10 posted on Mon, 03/20/2006 - 23:07

Bossy4455 Bossy4455
(Posts: 5854 | Credits: )

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