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Is this going to far? And what can I do?

Date: Wed, 11/29/2006 - 07:07

Submitted by anonymous
on Wed, 11/29/2006 - 07:07

Posts: 202330 Credits: [Donate]

Total Replies: 3


Right now I have a balance from a credit card company that has now been referred to a collection agency for payment. The collection agency has called me stating that they were a law firm and if I didn't make a payment right away then they would seek a judgement against me. These calls go on all day, every day. They call my job and hit "0" for the operator and harrass the secretary saying that they are a law firm (which they are not) and that they are going to cease my property and garnish my wages to collect the debt. The balance is 1,400 and one women went so far as when I told her I could not make a payment on it until next week, told me that my credit card number was still on file and charged my card for $400 and advised me very nasty that she was going to take it whether I gave her permission or not because I owed her the money, and it was her's for the taking. Since it was a check card she charged I called my bank as soon as I saw the charge on-line later that day.They did reverse the charge but Is there any legal action I can take against them. What this company is doing is going to far. Please help!


Take careful notes, record if you can, and sue. Both my website (sjglover.com) and Pete Barry's website (lawpoint.com) have call log sheets and directions for recording (plus information on whether or not you can record in your state).

If you make a good record, it will be easy to go after them for their fdcpa violations.


lrhall41

Submitted by Sam Glover on Wed, 11/29/2006 - 09:33

( Posts: 161 | Credits: )


The collection agency has to follow the laws in your state when they add any fees on the debts. If you have been able to revert the charges with your bank, why is the collection agency still charging for it? You need to dispute the item with the CA and get the actual status.

fdcpa laws are applicable on collection agencies. You have the case against them under Section 807 for false or misleading representations of your account with evident facts.


lrhall41

Submitted by Howard on Wed, 11/29/2006 - 10:39

( Posts: 310 | Credits: )