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FDCPA Violations by two debt buyers/collection agencies?

Date: Sun, 10/01/2006 - 13:07

Submitted by anonymous
on Sun, 10/01/2006 - 13:07

Posts: 202330 Credits: [Donate]

Total Replies: 11


I just moved to VA four months ago, and I have really worked to pay off the old debts that I incurred in WA after a family tragedy. However, I have two left (originating with the same cc company, Providian) that I am not yet capable of paying off...and that company has sold the accounts to two different debt buyers who are located in VA. The buyers/collection agencies seem to be engaging in some deceptive practices, and I'm not sure how to proceed. I'll explain one at a time, so please bear with me:

The first is M. Ann Wright and The Law Office (aka The Law Center...both names were used in the emailed document I received from them). I received a cell phone message on August 23rd from a representative and returned her call,at which point, she told me that the lawyer (Wright)she works for had received my file regarding possible litigation. She also stated that my case had gone into mediation with a judge and Providian (not the company who purchased my debt)...and that they had decided what would be an acceptable payment. They were giving me the opportunity to settle this matter, so they didn't have to take me to court. They weren't really set up to receive mailed payments, and for some reason, they wanted me to do a check by phone instead. I explained that I would have to talk to my new husband about the matter and call them back tomorrow, and I asked them to send me a copy of the arrangement they were proposing. I gave them an email address (they didn't even ask for a mailing address), and they attached the agreement as a Word doc. The document stated that it was an attempt to collect a debt, BUT it didn't state that I had 30 days in which to dispute the debt).

I noticed some discrepancies between what was mentioned in the call and what was in the emailed document (and also noticed the two different names), and so I did some online research and realized that this was a collection agency. So, I sent them an email which explained that I would need verification of the information they gave me about the mediation, contact information for the lawyer herself, and proof of the debt. I also stated that I would not conduct business by phone -- that I needed written documentation to protect myself legally, and that after I received the information, I would consult a lawyer to make sure the documentation was legal.

The next day, I received another call but declined to pick it up. The caller left a message which said that they had received my call, and I needed to call them to work the matter out. In return, I sent them another email reiterating that I would only communicate by email or letter. I did not receive another call after that and did not receive any written communications. I was unsure of whether my email would be counted as a demand for written verification of the debt, so just before my 30 days was up, I sent them a certified letter (return receipt requested) that disputed the debt and demanded verification. I have not yet heard from them.

I am very close to what I know to be the WA SOL of 3 years...I'm about two and a half months away (but I don't know whether the VA SOL is 3 years or 6, and I don't know which I'd be held to). I don't know what else I can do (if anything) to protect myself legally. I don't have any proof of what they said on the phone (except, of course, my own email response, where I ask them to prove the claims they made on the phone). But it seems to me that they have already violated the fdcpa by not advising me of my rights. Am I right or wrong about that?

The second company is Portfolio Recovery. I don't know if they are collecting for themselves or if they are collecting for another company, but I do know that Providian sold the account. I noticed on a recently pulled credit report that they are reporting this as a more recent account (separate from the original ding on my credit) and they have down that I made a recent $400 payment (though it doesn't state when). I am certain that I never paid them a dime, and I think they are trying to re-age the debt by reporting a payment (which, incidentally, never seemed to impact the balance they are claiming I owe). As far as I know, I've never had any contact from them, and I'm trying to figure out if there is a way to fight them on this.

Don't get me wrong...I'm not just trying to slide out of a debt. But these actions strike me as being unlawful under the FDCPA. I am currently trying to find a new job, so that I can clear up these blemishes, but I need some time to earn the money. The little I earn is eaten up by my student loan payments (which are 100% current). And the underhanded tactics these companies are employing make me really angry.

Does anyone have any idea what I should do?


Some collection agencies have been known to make it look as if you made a recent payment to reage your debt and that is a violation. I would dispute this with the credit reporting agencies, I would also file a complaint with them for this act and dispute this illegal act with the collection agency.


lrhall41

Submitted by WHEREAMI? on Sun, 10/01/2006 - 13:28

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Steelers, That is kind of scary what you say about CA's that lie about last payments in order to restart the clock. How the heck would you be able to disprove that? It seems to me that these CA's can do whatever they want in you credit report without proof. Yet when we are left to clean up the bogus mess. Why are they not required to have proof before they can put info there? Why is it always the little guy who has to prove everything?


lrhall41

Submitted by on Mon, 10/02/2006 - 14:58

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Thanks, FYI, for the point about e-mail. It's true that e-mail isn't as reliable, and you're right that I probably shouldn't use it again -- my hope was that I could get them to repeat some of the lies they told me in writing if I used a more informal method of written communication, but I'm sure that they are much more careful than that. I did keep my emails, and while my voicemail, unfortunately, erases messages after a certain number of days (the man who called me back after I emailed them stated in the message that they had received my email), I think that the email I sent in response and my phone records could help strengthen my argument that they got that first email.

I just got the receipt back from the certified letter I sent The Law Office, and after I emailed Bud Hibbs' site to share some updated info about the new name and letterhead this group was using, he emailed me back -- he gave me some interesting info about these folks (The Law Center/The Law Office/M. Ann Wright) and seems willing to help me out.

As for the other matter...I'm wondering whether I can legally demand written proof of my payment (like a copy of the check or something). I'm concerned that the credit reporting agencies might not investigate my complaint fully enough, and I really want that information corrected. Will I have any recourse if they don't correct it?


lrhall41

Submitted by on Mon, 10/02/2006 - 20:35

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I presently work for a debt buyer that collects and then sells your debt on the web. Believe me they will do anything for a dime. The collection dept brags about their agencies that reap all your money. Then I have to sell it to attorneys that end up sueing the accounts.
The owners think their brilliant in finance but I've talked with plenty of people in the industry, it doesn't take nothing but money to make money in this business. And they've got the money, the president is a silver spoon pris who couldn't figure out a 7-11 store if it wasn't for his dad's money. The warmonger ceo thinks he knows everything but is so old he can barely remember his name. I'm just in it for the ride but this is a sick business.
If you ever see Creditmax on your account watch out, they will through your account to the worst agencies and then sell it to some lawyer. Best bet is make a deal or wait it out, unless you got property.
I am thinking about opening a debt repair website after this deal implodes. These idiots are spending so much money and the accounts are about to dry up. They are too stupid to figure it out though. The collection vp is too fat and self absorbed to see he is on the way out. My boss, the sales vp, only has an original thought after I tell him what it is. Meanwhile our esteemed owners just keep making spreadsheets dreaming of how much money their going to make off people.


lrhall41

Submitted by on Wed, 10/04/2006 - 19:44

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If you want proof of payment and you paid by check or ACH then view your bank statements which will serve as a reciept or get a copy of your cancled check from the bank.

They won't send you a copy of the check or an itemized reciept. The only real reciept you can get is a zero balance letter after the debt is paid.


lrhall41

Submitted by FYI on Wed, 10/04/2006 - 21:05

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I haven't made a single payment to the second company -- they have simply reported that I made a recent payment. I want to prove that I didn't pay them anything, so they don't get away with re-aging the account. Unfortunately, that actually seems to be tougher than proving I did.


lrhall41

Submitted by on Thu, 10/05/2006 - 06:45

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I got a message from Budd Hibbs, and he told me that M. Ann Wright isn't with "The Law Office" any more. And according to his website, they've changed their name again, too (it's "Credit Services, FAIC" now...and sometimes they might also operate under the alias "Jeff Booth & Associates").

During my first phone call with them, "The Law Office" tried to get me to submit a payment to them over the phone because they supposedly weren't set up to accept payments by mail (huh?). I didn't fall for it, but it's amazing to hear what these folks will try to pull.

And Portfolio Recovery has got a pretty bad rep, too; there's even a law firm presently collecting information on their collection practices. I am in the process of disputing their false entry on my credit reports.

You know, the way some of these companies do business...well, it creates a real moral dilemma for me. I'd be willing to make reasonable payment arrangements to pay off my actual debt (not an inflated amount) with a legitimate company who operates within the constraints of the law. But I won't pay these companies -- because if I were to pay them, I would feel like I was funding their unlawful practices.

I'm sure that sounds like a convenient excuse, but I'm not a deadbeat. I may have hit a rough patch, but my other debts that were behind are paid off now, and my student loans are paid promptly every month. I've been reading this forum for the last few days, and I don't believe that anyone deserves to be subjected to the harrassment that some of the folks here have suffered. I won't do business with companies that break the law, especially when they do so in order to ruin people's lives.


lrhall41

Submitted by on Fri, 10/06/2006 - 18:20

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Just for the record re: email: In the "To" field put both their email addy and your own before you click "Send". Servers do not record when you Send an email, only when you Receive email; also proves the email was actually sent successfully. The server record of received mail is admissible in court.

I like what FYI said though; a hard-copy, snail-mailed communication is preferable.


lrhall41

Submitted by on Thu, 10/11/2007 - 23:27

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You are not a deadbeat. It is your -right- to make sure that these CA's are acting in a legal capacity and that they are not out to rip you off. I would be real suspicious of these that 'can't' accept anything but electronic payment by phone, that is a bunch of BS.

You seem to be on the right track. Stop talking to them on the phone, stop emailing them. That is worthless unless you have a way to record the phone calls and can do so legally.

What state are you in? Some states have better debt laws then others do.

Start with that DV. If they don't answer in 30 days, send another, stressing that you are perfectly willing to take responsibility if they can provide the paperwork you have the right to see. Also include the limited cease & desist, limiting contact to just mail.

Dispute with the CRAs. When (if) they verify, make copies of that verification and request the method of verification from the CRAs. DV again every so often. You want to create a huge papertrail so that if they take you to court, you can show you practically begged for validation so you could make payment arrangements. Show how they verified with the CRAs despite all your DV requests. Show whatever you got from the CRA.

If they do validate or partially validate, work on those as it goes. If they send a few statements, question them, especially if the total on the statements doesn't match the total they say you owe. Request contracts, if they are trying to stick you with interest, then you also have the right to see those contracts they are supposedly using to calculate the interest. And then finally, challenge the supposed payment and be real aggressive with that...reporting a fake payment is a bit no no and you could counter sue over it...they would have to prove you did make the payment.


lrhall41

Submitted by goldenbast on Fri, 10/12/2007 - 02:35

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