Mercantile Adjustment has me in tears...
Date: Wed, 09/17/2008 - 10:53
I hadn't had the money to pay my phone bill so it got shut off. I wasn't able to reach him and since he called from an unlisted number I had no call back for him.
My phone gets turned back on and today he calls. He asks for my husband or my mother-in-law. My 70 year old mother-in-law who lives 8 hours away! I told him that my husband was at work and my mil doesn't live here. I asked if I could help him that I was the wife. He said his name was Lee and I immediately knew who he was.
I tried to offer him the checking account info and work out a payment plan and he started yelling at me. I told him I was scraping together money to pay it and he said he was going to call my husband at work because he doesn't believe that I'm getting anything together. I told him my husband is NOT allowed to receive personal phone calls at work. I offered him the checking information so I could make a payment arrangement.
At which point he started yelling that he isn't talking to me, he isn't taking a check from us and that I need to have my husband call. I told him that I would be happy to help him but my husband won't call because he works weird hours and doesn't get home until late.
I asked for his number and he said "oh, like you don't have it, come on" but finally gave it to me.
I called back when we hung up and asked to speak to ANYONE but him. So of course they put me back on the phone with him. He started yelling that I need to have my husband call and that I better not call again. And then he hung up on me while I was in the middle of speaking.
So then I call a different office. He is located in Rochester. I called another branch. I explained the situation to them. A very nice lady said she'd be happy to take a payment arrangement. She started to get a plan together and told me that she couldn't get access to my account. She talked to her supervisor and her supervisor called this guy Lee. He told them to NOT accept any arrangement on the account!
So I call another number, cause I want this taken care of. I explain to the lady everything that has went on and tell her to please put me on the phone with a supervisor. She tells me that Lee IS the supervisor of the banking department!!!! She said she will see if she can get someone else on the phone.
Well, He picks up and immediately starts screaming at me. Telling me that I need to stop stalling and have my husband call. I told him I'd like to speak to a supervisor above him because I don't appreciate being hung up on. He tells me to "get over it" that I've hung up on them and that I need to stop whining and making excuses. I demand to speak to his supervisor and he tells me to put it in writing and send it in. Then I ask again to speak to the supervisor and he tells me "I'm terminating this call, which means I'm hanging up" and before he hangs up I SWEAR I heard him mutter "b*tch" under his breath. And then click he hangs up.
So I call back and get the same lady that transferred me again. She appologized and said that she contact that department and told them to give the phone to ANYONE that is NOT Lee and they gave it to him anyway. She told me that he is the supervisor and all she can suggest is that I put it in writing and send it to the office.
Meanwhile Lee is free to harass my husband at work and worry my 70 year old mil to death. I don't even know what to do. I'm shaking and crying from being screamed at. I've never in my entire life EVER been treated like that.
You need to make a new rule for yourself Anc that you are not al
You need to make a new rule for yourself Anc that you are not allowed to talk to collectors. They push you around to much and strong arm you into things that really are not necessary. I think one thing you could do is write a script and only follow it with no deviations. You will have to verify your personal information for them to discuss the account by providing your name and maybe a soc# or address. After that collect the generic information and handle the rest through the mail. What you need to get is the persons name, company name, amount owed, what the debt is, address and 800#. If they go off on a tangent without providing all the information you requested do not respond other than with the question you left off from. For example if you asked the name first and they answered then move to company name. If they start rattling off a bunch of stuff about how you owe blah blah blah then respond with the same question again until they answer or hang up on them one. From there I think it would be in your best interest to send out the standard DV letters and limited cease and desist letters. Keep in mind that some of this may not apply to your student loan issues but it does apply to all unsecure debt.
Thank you Dollars. You are always so much help. I know what I ne
Thank you Dollars. You are always so much help. I know what I need to do. The problem is that I'm 8 months pregnant very emotional and they prey on that. The thing that sucks is that we paid 5 bills in full last week. And now this, it's like 1 step forward and 2 steps back. It's just horrible.
reply
i would also look into your state laws regarding recording calls.lee sounds like a prime candidate for a lawsuit.very angry.
have your husband call and record.lee needs to be put in his place.
Pennsylvania is a 2 party recording state. He has to be notified
Pennsylvania is a 2 party recording state. He has to be notified that he is being recorded. Something tells me he might play nice if we do that.
reply
if you inform him and he doesn't want to be recorded.he should hang up.staying on the line says consent,whether he likes it or not.
I just wrote a letter to my state attorney general, the bbb, and
I just wrote a letter to my state attorney general, the bbb, and i sent an e-mail to a few e-mail addresses I found for mercantile bank. One of which was the head of human resources.
Congrats on settling the other 5 accounts and the pregnancy. Ke
Congrats on settling the other 5 accounts and the pregnancy. Keep at it and you will get the rest of them out of your life.
I also filed a complaint with the FTC. I'm just hoping someone d
I also filed a complaint with the FTC. I'm just hoping someone does something about this guy. I can't understand how you can be a supervisor and scream and yell like he did. It was absolutely ridiculous.
The thing that bothers me the most is his refusal to accept a payment. I offered to pay the account and he decided that he doesn't want the payment he'd rather harass us.
The thing that worries me the most is that he is going to start calling my mother-in-law. She is older and does NOT need that kind of stress. Anytime, anyone calls her house for us she pretty much squeezes the information out of them and then calls and yells at me. Which of course, I don't need.
Was the collector form Mercantile? Or was it an outside agent?
Was the collector form Mercantile? Or was it an outside agent?
If it was Mercantile call your state banking regulator and file a complaint with them. Banks are generally not going to care what BBB says and the Fed probably look at it as a state problem. Mercantile will care what the states says because they can pull their charter to do business in PA.
In regards to recording when you or your husband answers the phone and find it to be a collector the first thing you should say is "I am starting to record this call and your decision to continue this call will be consider consent".
Even if you are not recording it they will act like you are (don't want to take any chances) and then get all the necessary information from them including their name and ID# (they will have one)
As Dollar said follow a script and get all the information that you need, tell them you will answer their question once you get all of the account info. Once you obtain the information tell them you will be contacting them via certified mail and hang up.
hiya anc-- first, congrats on the baby!! We have three girls
hiya anc--
first, congrats on the baby!! We have three girls(!) and I wouldnt trade them for anything.
Second, dont feel that it is a step forward and two back--you cleared up FIVE ACCOUNTS--that is MASSIVE progress!!! And you did it in a week?!? Thats GREAT!! Dont let one bozo at one account take that away from you!
OK, now, onto "lee".....youve done the right thing by filing the complaints. At this point, let me ask--is Merchantile a separate collection agency, or is it a department of the bank that you had the account with? If it is a separate agency, then I would also immediately contact the bank--I would inform them of exactly how the company they hired is handling their business, and inform them of the complaints you have filed. I would even maybe throw it in that conversation that youre considering legal action against "Lee" and that company for their blatant mishandling of this situation and even illegal actions. If the bank still owns the account and this is just a CA they assigned the debt to, there is a chance that they will pull Merchantile off the account and pull it back, so you could maybe end up working with the bank again that way instead of Lee.
Finally, do send Lee a letter--be sure to send it certified mail return receipt--and tell him that due to the manner in which he has conducted himself, that he is not to call you anymore regarding this matter. Seriously, this wing nut needs a clue....your letter might give his boss a clue if it gets into the right hands.
I think Mercantile is a separate collection agency but I'm not s
I think Mercantile is a separate collection agency but I'm not sure. I'm going to call M&T Bank first thing in the morning and talk to them about the situation. I will explain to them that I will be more than happy to clear up the situation but I will not deal with Lee or Mercantile any longer. I'm sure once I tell M&T that Lee refused to accept my payment they will work with me.
That is the single thing that bothers me the most. They are calling to collect a debt, but don't want to take the payment information. I just do not get it. I tried to pay them and they wouldn't accept. I'm also calling back to Mercantile one their office closes and will leave a message on the Banking departments answering machine. Hopefully someone will get it in the morning and refer it to someone other than Lee.
I tried my best not to scream and yell back. But when your messing with an 8-month along pregnant lady, yelling at me is like testing your luck. Lol. Lucky I was in a sad mood swing and not an angry one. Cause I have a feeling I would have said words that could make a sailor blush!
you also need to check your state's laws concerning consumer deb
you also need to check your state's laws concerning consumer debts, because in some places, if they claim you owe them money but refuse to take a payment, it actually cancels out the debt completely. I forgot what it is called, but I believe that there are a couple of places where this is the case. That could REALLY ruin "Lee's" day....I would check that before you call the bank or anyone else about the matter. Oh, and as someone suggested, I would go get a tape recorder--seriously do this--and inform them when they call that "this call may be recorded for evidentiary purposes". Let them complain about it all they like, but it wont matter because that statement is all you need to say to cover yourself under the law--by choosing to continue with the call, they have been so advised that they could be recorded, and choosing to remain on the phone is implied consent. A lot of times they will just hang up the phone, but sometimes they try to call your bluff....and thats what youre hoping for with this nutjob! If you can get him on the phone refusing to take your payment info, you could make a very strong case for yourself in court. Thats the kind of thing a lawyer dreams about....
Anc, you shouldn't have given them your checking information, th
Anc, you shouldn't have given them your checking information, they may empty your account when you least expect it, I would close that account and open another one.
I read somewheres that if a Collector verbally abuses, Then the
I read somewheres that if a Collector verbally abuses, Then the Debt is forgiven. Its in the FTC laws I belive. They cant call between certain hours. And cant call at work if told not to. You might want to check with your states Attorny General and see if they can help.
The straight dope:
OK, let me sort this out for you...
Quote:
Originally Posted by Anonymous I read somewheres that if a Collector verbally abuses, Then the Debt is forgiven. |
False. Verbal abuse from a collector is a violation of the federal Fair Debt Collection Practices Act (15 USC s.1692, et seq), and state laws in many states. You can sue for this, and recover damages, sometimes in excess of the amount of the alleged debt. But it does not forgive the debt. This is a completely separate legal action from them trying to collect something from you. Depending on the exact nature of the abuse in question, you may have a cause of action under other laws. Communications decency laws, for instance, if they've made a lot of obscene and vulgar remarks.
Quote:
Originally Posted by Anonymous Its in the FTC laws I belive. |
Not exactly. I quoted the main federal law in question above (FDCPA). That's primarily enforced by the Federal Trade Commission (FTC). But it's not an 'FTC law.'
Quote:
Originally Posted by Anonymous They cant call between certain hours. |
True. Per the FDCPA, collectors may only call between the hours of 8:00 AM and 9:00 PM. That's local time, where you live. Not where their office is located. Daylight savings time offset applies.
Quote:
Originally Posted by Anonymous And cant call at work if told not to. |
True. They are not allowed to call you at work if you have told them that your employer does not allow such calls. Thing is, you must have told them that, for it to apply.
Quote:
Originally Posted by Anonymous You might want to check with your states Attorny General and see if they can help. |
A good start. If you're receiving abusive calls from a debt collector, file a complaint with your state Attorney General's office. While you're at it, file complaints with their state's Attorney General and the FTC. If they've been obscene or vulgar, also file a complaint with your telephone company and te FCC. If you've been threatened with physical harm. file complaints with your phone company and the FCC, and include your local police department.
damn fools
Quote:
Originally Posted by anc526 My husband had an M&T Bank account that was overdrafted a while ago. I got a call from someone named Lee who said he was from Mercantile Adjustment. We agreed on a payment plan and I started to give him my checking account info. My call ended up getting disconnected. I hadn't had the money to pay my phone bill so it got shut off. I wasn't able to reach him and since he called from an unlisted number I had no call back for him. My phone gets turned back on and today he calls. He asks for my husband or my mother-in-law. My 70 year old mother-in-law who lives 8 hours away! I told him that my husband was at work and my mil doesn't live here. I asked if I could help him that I was the wife. He said his name was Lee and I immediately knew who he was. I tried to offer him the checking account info and work out a payment plan and he started yelling at me. I told him I was scraping together money to pay it and he said he was going to call my husband at work because he doesn't believe that I'm getting anything together. I told him my husband is NOT allowed to receive personal phone calls at work. I offered him the checking information so I could make a payment arrangement. At which point he started yelling that he isn't talking to me, he isn't taking a check from us and that I need to have my husband call. I told him that I would be happy to help him but my husband won't call because he works weird hours and doesn't get home until late. I asked for his number and he said "oh, like you don't have it, come on" but finally gave it to me. I called back when we hung up and asked to speak to ANYONE but him. So of course they put me back on the phone with him. He started yelling that I need to have my husband call and that I better not call again. And then he hung up on me while I was in the middle of speaking. So then I call a different office. He is located in Rochester. I called another branch. I explained the situation to them. A very nice lady said she'd be happy to take a payment arrangement. She started to get a plan together and told me that she couldn't get access to my account. She talked to her supervisor and her supervisor called this guy Lee. He told them to NOT accept any arrangement on the account! So I call another number, cause I want this taken care of. I explain to the lady everything that has went on and tell her to please put me on the phone with a supervisor. She tells me that Lee IS the supervisor of the banking department!!!! She said she will see if she can get someone else on the phone. Well, He picks up and immediately starts screaming at me. Telling me that I need to stop stalling and have my husband call. I told him I'd like to speak to a supervisor above him because I don't appreciate being hung up on. He tells me to "get over it" that I've hung up on them and that I need to stop whining and making excuses. I demand to speak to his supervisor and he tells me to put it in writing and send it in. Then I ask again to speak to the supervisor and he tells me "I'm terminating this call, which means I'm hanging up" and before he hangs up I SWEAR I heard him mutter "b*tch" under his breath. And then click he hangs up. So I call back and get the same lady that transferred me again. She appologized and said that she contact that department and told them to give the phone to ANYONE that is NOT Lee and they gave it to him anyway. She told me that he is the supervisor and all she can suggest is that I put it in writing and send it to the office. Meanwhile Lee is free to harass my husband at work and worry my 70 year old mil to death. I don't even know what to do. I'm shaking and crying from being screamed at. I've never in my entire life EVER been treated like that. |
This company calls my house 10 times a day for someone that does not even reside here, or that I have ever known. What a joke.
I actually spoke to these creeps just 2 days ago about cooperati
I actually spoke to these creeps just 2 days ago about cooperating on makeing a payment and trying to get a loan for a settelment with them. I was going to call them this evening after work (to tell them a loan to pay them off was not going to happen) but they called this afternoon and left a message on my cell. As I stated I was going to return the call after work but they would not wait for that they actually called me at work two minutes after not answering my cell phone. It is not like I have been uncooperative.... one has to be a true low life to work for such a looser company. Nothing could be worse than leaving your work day and having so many people wish you would rot in hell. Thats some kind of crappy Karma. Embarrasment is their tactic even with someone who is willing to pay the debt and make arrangements.
I hate to hear people giving account numbers to these ding dongs
I hate to hear people giving account numbers to these ding dongs. If you are going to pay them, get a money order or something. Stop giving your account info out. Just screwy. If they don't want the money order, then too bad charley!