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866-489-0979 - this number from collection agency?

Submitted by on Fri, 08/11/2006 - 06:43
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The number is 866-489-0979, they called and threatened legal action. I live in Alabama. I asked them for a faxed copy of documentation for my records and she said that she could fax in one hour and I had two hours to wire my money. I did not wire any money because she never faxed me the documents. She called and left a very threatening message that she was pursuing legal avenues. I contacted my local DA's office who referred me to the sherrif and they told me that they can threaten all they want but this is a civil matter that would have to go thru the proper legal channels. I am terrified. If I owe fine, send me documentation. Am I doing the right thing, please tell me......HELP


Is this a collection agency or a law firm? They must complete the process of debt validation first. I feel that they are trying to scare you so that you send them money in panic. Keep yourself protected and informed. Send a debt validation letter so that you have covered your basis. It is evident from their actions that they don't have the proper details of your debt account. Do you know the name of the original company they are collecting for? Try dealing with them instead.


Submitted by Christina on Fri, 08/11/2006 - 10:51

Christina

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They can and will threten you with anything to get you in a panic to pay. Don't pay anything until you send a debt validation letter,certified return receipt. You have to make sure they are legally the ones to collect. Try to work this out with the original creditor,if you can. If it has been sold to someone else,wait until you get the dv letter calidated,and never give your bank info to them,if they validate and you send money,send a money order,otherwise they can continue to debit your account,authorized or not,good luck...Karen


Submitted by Bossy4455 on Fri, 08/11/2006 - 10:56

Bossy4455

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Has anyone ever dealt with this man??? He told me to call him this morning which I did and I asked for everything in writing he said we don't have to and we won't and on Monday morning he will have people at my place of employment and at my home to get the money. I told him no if you can't provide me proof I owe you nothing. And I asked for an address which he said "by laws of our company we don't have to give that out." What do I do? How do I find out what the address is? Because he told me the company name is "United Federal Department" and they are located in Jacksonville Fl. That's bs because when i did a reverse look up the phone number showed somewhere in New York What do I do???????


Submitted by on Sat, 08/12/2006 - 06:40

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Johanna, you will get the cover legally from United Federal Dept. They are using their scary collection tactics. They have not proven in writing that their collection attempt is genuine. The debt has to be validated in writing first. Send a letter asking for the debt details to their mailing address through certified mail. If they take any actions, you need to have your side of the story also upfront.


Submitted by Christina on Sat, 08/12/2006 - 13:58

Christina

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But I don't have their address. So what I'm going to do because I don't have any other available options at this time is wait for the court papers and when they arrive send a money order to the address listed on the court papers for the company persuing legal action. They then have to re-register all of the court papers because the amount they listed is untrue since I will be sending a $5 money order. Plus thinking about it, it does take approximately 3 months at least for the court papers to be prepared.And really why would this company bother attempting legal action when the amount they "claim" I owe is much less than the court fees. Now I understand without properly doing my part yes they can take legal action and not only sue me for what they say I owe them but also come after me for court fees. So I'm thinking smart on this.I appreciate all the advice being given, however, at this time I've done all I can in attempt to obtain the company address. So Monday of this week I will call my Attorney General and ask what he/she suggests. I need to at least TRY to take care of the matter on my side. So please don't take any of this as an attack PLEASE keep the advice coming!!!! It's very helpful!!!!!


Submitted by on Sun, 08/13/2006 - 09:45

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Johanna--

Once you get the address, you need to send out the DV letter right away, as soon as possible. The law requires them to stop all collection activities until they have satisfied the request for validation. This includes filing in court. They cant take any action on this account legally once they receive your letter, until they properly answer it. I am going through something similar right now in that we sent out some DV letters last week, and already I have one CA calling me anyways....

But dont let the threats scare you--they make it almost sound like a hollywood movie sometimes, "my people will be at your house within the next half hour...." lol It is just a scare tactic. They cannot have you arrested, they cannot send people to your house, or your work, or to your parents house, etc etc etc, all of that is illegal. The next time one of them tells you this, maybe you should consider calling his bluff and telling him to get right on it so you can gather the evidence needed to sue him for violations of the fdcpa...companies like these operate entirely on the premise that the debtor on the phone has no clue about the law or their rights...if you show them otherwise, they often sing a very different tune in a hurry.


Submitted by skydivr7673 on Fri, 06/08/2007 - 04:44

skydivr7673

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These guys are buttheads. My brother dealt with them not long ago. They called him at work and left a message asking him what time he would be there until because they had notified the county sheriff and had an arrest warrant "granted." HA! My brother called the sheriff and, of course, they knew nothing. So he called the company back and told them what he just did. They said the sheriff was wrong then. Wow. Then the man on the phone told him if he paid half of the account (about $2000) that day, he would call the sheriff and cancel the warrant. My brother stated he knew that this particular account was in his ex-wife's name and she at some point filed bankruptcy. So the man told him that he was responsible for it too. My brother told him he had no dealings with his ex-wife on any level and not to contact him.

A couple of weeks later, my niece, who is 12 called my brother and said some man called looking for him and told her that he had to tell her that father her was going to jail because he stole money from a credit card company. The man asked her who she was going to go live with now. My brother called them and told them he was going to sue. Whoever he talked to told him they cannot prove anything. Then he played the recording they left him at work at which time, they hung up. He then received a letter from them apologizing for the "mix-up" as they were under the impression he was still with his wife and it is the "normal practice" to advise the spouse of the situation.

My brother recently filed a lawsuit against them. no court date yet, but I am going just to see exactly what happens at one of these things.


Submitted by waterbug811 on Tue, 07/31/2007 - 11:05

waterbug811

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i have not called them just yet - b/c i wouldn't know of anything that i should be involved in specially in a fraudalent matter.

can you email me and let me know what happened to you?

email address removed as per forum rules - Mike

thank you


Submitted by on Tue, 10/09/2007 - 06:38

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Hmm, wire me this money that I say you owe within two hours or I'll sue you, but I won't provide you with any documentation backing the alleged debt. Was no dunning letter sent? (that's the letter that states that you allegedly owe them X amount) Sound like scare tactics (and in my opinion borderline on extortion) Also by the way, I don't think they can demand you to pay by wire transfer or moneygram like most of them probably will. Like the others have said, request validation in writing, send it certified mail, return receipt requested. Once you get the card back in the mail showing that they have signed for it keep it in a safe place and see if they validate. Until they do they must cease all collection activities (that includes forwarding account management to a attorney's office, and filing lawsuit. If they provide validation attached to a court summons make sure to mention that to the court (I remember somewhere that a court had decided that it was unethical and actually got a case dismissed (although I think it was done so without prejudice)


Submitted by JCEMT on Tue, 10/09/2007 - 07:23

JCEMT

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I can't bolive I just opend a new bank account and i don't have not even $50.00 in the account and they try to withdraw $400.00 from my new account and makeing it -32.00 dollars on a new account,now I got to do some thing becuase i never gave that information to nobody.


Submitted by on Tue, 01/29/2008 - 22:58

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I can't bolive I just opend a new bank account and i don't have not even $50.00 in the account and they try to withdraw $400.00 from my new account and makeing it -32.00 dollars on a new account,now I got to do some thing becuase i never gave that information to nobody.[font=Arial][/font]


Submitted by on Tue, 01/29/2008 - 22:59

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These people are actually dipping into my bank account saying that they are collecting for Eastside lenders. First they tried to take $400 on Feb 19th and I incurred an OD charge. I disputed it with the bank, got my money back and put a stop payment on them. They then took $75 on the 25th. I just disputed it again and am transferring my accounts. This man from the company had told me they have every right to do this...BULLCRAP.

I have had no written notice or prior communication from these people. They are flat out stealing. I am contacting an attorney and sending them the "cease and desist" letter and the "debt validation letter" today.

What else can I do to stick it right back to them?


Submitted by on Thu, 02/28/2008 - 05:27

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Kash, some banks (like Bank of America for instance) can only do stop payments for certain amounts for it to block by automation, otherwise they have to be dealt with on a case by case basis. The best thing to do is (as the poster has done) switch to another account.


Submitted by JCEMT on Thu, 02/28/2008 - 05:50

JCEMT

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I did a stop payment for the $400 in case they tried again. I already got the bank to reverse my OD charge. They would only let me do a stop payment for a certain dollar amount. That's why they were able to redip in and take the $75. I have already filed a another dispute. My bank is pretty good about giving back money, but I don't want to KEEP doing it, in case they start thinking something is fishy.

Somehow, back in August '07 money appeared in my account from Eastside and then they took money out. I disputed both the deposit AND the withdrawl. I then closed the account and opened another one.

I am in the process of doing the same thing again but the butthead at SH&W told me they can dip into any account associated with my social.

I am going back to the bank today to see what else we can do. I know some banks will allow you to block ALL ACH's, which is what these theives are doing. I have also tried to contact several attorneys.

I also am about to write "cease and desist" and "debt validation (or verification..I can't remember)" letters.


Submitted by on Thu, 02/28/2008 - 07:20

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No, no judgement, no prior written or phone contact. This was the first I ever hears of these people. As for Eastside, it was done fraudulently and reporteed to my bank.


Submitted by on Thu, 02/28/2008 - 07:57

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So far I have one attorney who may be interested in the case. I wrote a debt validation letter but am waiting to hear back from the attorney before I have any more contact with them. They also go by the name of Geneva Roth.

I've kept good documentation of everything.


Submitted by on Thu, 02/28/2008 - 11:11

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Well, I just filed at complaint with the attorney general and will mail them the supporting documents.


Submitted by on Thu, 02/28/2008 - 11:25

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I ended up sending the debt validation letter via certified/receipt today. This way if they mess with me after they receive it, there will be other violations on record. I decided not to wait to hear back from the attorney because I wanted more documentation if they try it again.

I also gave the copies of the letter to my bank along with the correspondence I have had with the attorney. Just for backup.


Submitted by on Fri, 02/29/2008 - 10:48

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Welcome to the community Ms. Criivello.
Smith Haynes and Watson appear to be a law firm (not entirely certain however) their primary business is 3rd party collections therefore they are subject to the Fair Debt Collection Practices Act. Next time they call you at your place of employment you can simply tell them that these type of calls are not permitted or that it is inconvenient to you. You should also send them a written request (certified mail, return receipt requested) telling them to only contact you via USPS, that way you have a paper trail of all communications with them.


Submitted by JCEMT on Tue, 06/03/2008 - 18:37

JCEMT

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They are not a law firm. According to the person with whom I just spoke, they are the parent co for several different payday loan companies. They just attempted to debit $400 from my account for a delinquent payday loan that I dont recall. They dont want to send me anything in writing. The alleged original co EZ payday loans is not even licensed in California. What can I do?


Submitted by on Wed, 06/11/2008 - 07:35

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Having trouble logging in right now...but I couldn't resist posting about these people.

They are absolutely COMICAL!! I first got a call about a week ago. I got an automated voicemail on my cell phone so I called back. The woman on the phone was very nice and told me that I owed money for a payday loan from OneStep Cash from 2004. I told her that I paid off all my payday loans and I didn't owe anymore money to anyone. She told me I had to prove it. I told her that I didn't have any proof because that was 4 years ago! She wanted me to pull my bank records but I told her that costs money and I didn't pay off my payday loans through my bank. I told her I closed my account and made payment arrangements through the lenders and paid them all by Western Union, MoneyGram or certified bank check. I saved the stuff for a while, but after a couple of years and not hearing from anyone, I'm pretty sure I threw everything out when I moved.

Anyway, the lady said she was going to pull the file from OneStep Cash and would fax me all of the information showing the amount of the loan I took out and what was paid back when, etc etc. She was going to call me back in a couple of days. I agreed because I did not know if they were legit or not.

I immediately went back to my computer and found out that they were a scam. I never received a phone call back from them until today.

I had another automated voicemail from them so I called back to get their address and tell them to stop calling so I could send a cease and desist letter.

The woman I talked to today immediately started getting irate and yelling at me. She told me that I borrowed $300 from OneStep Payday Center (different name from before) and that now I owed $600 and they wanted to settle with me before they filed "papers" against me. Of course I raised my voice back and she asked me if I wanted to act like an adult. I couldn't believe her! I told her if she wanted to act like one first and stop yelling at me and give me five seconds to talk, then I would stop raising my voice. I told her what happened last week when I talked to the other woman. She said that her notes said I was going to pull my bank records and call back. I told her that was not true and I was supposed to get a call back and a fax from them - neither of which I received. She proceeded to yell again. I told her to give me her address and she refused. I told her to stop calling me at home and hung up on her.

What do you know...5 seconds later, my phone starts ringing again. I answered it just because I thought this was getting good! She asked me if I was ready to behave like an adult and talk to her about this. I told her again I wanted her address. She again refused. She started to say something and yelled again so I told her that that she should stop calling my phone or I would contact my attorney to sue her because I already know they are a scam. I hung up on her again.

Amazingly, she didn't call back. I thought about callng back later just to mess with them like they do me but decided not to.

I know I paid them back so I am not afraid of whatever baseless threats they want to throw at me.


Submitted by on Wed, 06/25/2008 - 14:53

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I had a similar situation with these people. They collect for Geneva and Roth, I think they might be one in the same. A "Ms. Andrews" kept calling me to tell me that I had until 5:00pm to send in $700.00. I informed her I overpaid on my loan and was not sending in another dollar. She then told me she was sorry but she was left with no choice but to turn me into her "Litigation Dept". I asked to speak to their Litigation Dept. myself and she got all flustered and hung up on me. I then complained to their AG office and the BBB and have not heard from them since.


Submitted by on Thu, 06/26/2008 - 10:12

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I had a similar situation with these people. They collect for Geneva and Roth, I think they might be one in the same. A "Ms. Andrews" kept calling me to tell me that I had until 5:00pm to send in $700.00. I informed her I overpaid on my loan and was not sending in another dollar. She then told me she was sorry but she was left with no choice but to turn me into her "Litigation Dept". I asked to speak to their Litigation Dept. myself and she got all flustered and hung up on me. I then complained to their AG office and the BBB and have not heard from them since.


Submitted by on Thu, 06/26/2008 - 10:17

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I had a similar situation with these people. They collect for Geneva and Roth, I think they might be one in the same. A "Ms. Andrews" kept calling me to tell me that I had until 5:00pm to send in $700.00. I informed her I overpaid on my loan and was not sending in another dollar. She then told me she was sorry but she was left with no choice but to turn me into her "Litigation Dept". I asked to speak to their Litigation Dept. myself and she got all flustered and hung up on me. I then complained to their AG office and the BBB and have not heard from them since.


Submitted by on Thu, 06/26/2008 - 10:18

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So they called and left another voicemail on my phone today. I called them back from work (big mistake because they have caller ID and found out my work phone number) to tell them to stop calling me and that I was sending a cease and desist letter. I was transferred to the person I spoke with a week ago. Again she was very nice at first. She told me she was trying to order the information and would call me back tomorrow. I simply asked her to please note on my account to stop calling my phone all the time and leaving messages since I was dealing directly with her. She asked me why and I told her about my encounter yesterday. While I was trying to tell her what happened, she told me "don't start talking to me like that!" I said I'm not talking to you like anything, I'm telling how this woman yesterday talked to me! She started getting really nasty with me and I told her that I never agreed to pull my bank records and send them to her. She said I did. I asked her if she recalled the conversation we had wherein I advised her that I paid all of my payments through Western Union, MoneyGram or money orders. She said she did. I said well if you recall that, then why would you think I was going to send you my bank statements? Those statements would not help me prove I paid the money back if I did not pay it through my bank. Duh!! I also asked her what good it was going to do to get the information from OneStep Cash if all it was going to show was that I still owed them money. I told her that I paid everything back. She said I had to prove it. I said well if you wouldn't have waited FOUR years to call me and ask for your money, then I would have been able to prove it. Why would I save that information if I haven't heard from them in years?? Of course, at this point, she started screaming at me. I said I am at work and I'm not going to listen to this crap. I told her to sue me and hung up on her. I just want these people to stop calling me!! I can't wait until the cease and desist letter gets there!!

This is so frustrating. I made a mistake FOUR years ago getting into bed with these payday loan lenders. I paid my dues, went through hell, and ending up paying over $10,000 back in loans, fees, and illegal interest. I even paid for one payday loan twice because Ellis Crosby threatened to put me in jail and I was scared. I later found (and could prove) that I had paid for the same payday loan twice. I sued Ellis Crosby but they went into bankrupcty because they were being sued by a bunch of people. So I got screwed and never got that money back.

I've cleaned up my credit, learned how to budget, and paid off all my credit cards. I learned my lesson. But yet they still want to harass me FOUR years later!! It is ridiculous. I just want this nightmare to be over!!! :cry:


Submitted by on Thu, 06/26/2008 - 12:25

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ahh,smith hayes&watson.bottomfeeder deluxe.yes wait for the cease & desist letter then go after them.they have made alot of peoples lives miserable for no reason.would love to see someone put it to them.


Submitted by paulmergel on Thu, 06/26/2008 - 12:44

paulmergel

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these guys are a collection agency which are owned by geneva roth ventures a payday loan company they collect for lots of payday loan companys which make them a third party agency contact a fair debt and collections attorney for help with filing a fdcpa violation


Submitted by on Tue, 07/01/2008 - 01:15

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For anyone who falls into this kind of issue again here are the letter you may find helpful:

Letter 1

CEASE and DESIST COLLECTION EFFORTS

Cheatem Collections
123 Fagetaboutit Ave
Chicago, IL

17 April 2000

RE: Account 5145454156

Dear Sir or Madam:

I request that you CEASE and DESIST in your efforts to collect on the above referenced account (SEE letter attached). It is my personal policy not to deal with collection agencies and I will only deal with the original creditor of this account.

You are hereby instructed to cease collection efforts immediately or face legal sanctions under applicable Federal and State law.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES.

Cordially
Your Name


Letter 2

Attempt to Validate Debt.

Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.

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


Submitted by on Wed, 07/09/2008 - 14:15

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