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Progressive Collection Services

Submitted by SubiGirl on Thu, 09/04/2008 - 08:15
Posts: 114
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Well, it has been a long time! Since my last post, I have managed to get my credit report cleaned up. There are no longer any signs if my financial troubles year ago! Most of the stuff came off as it should have over the first half of the year because the 7-year anniversary had passed. Others, were removed due to my requests for validation that the creditors could not complete, thus had to legally remove from my credit report. I have not received any further calls or letters for anything in my name in over 6 months! I'm keeping my eye on my report, however, to make sure that these junk debt buyers don't try to put stuff back on there that should not be there.

Now, a new problem has come up on my husband's credit. He attended a college for one semester about 13 years ago!! That's right, 13 years ago! His parents were paying for his college, but then life happened. He decided it best to drop out of college than to waste his parents' money. They supposedly paid off all that was owed for tuition for that one semester, and that was that. Well, the college started calling ME about 3 months ago demanding their money. They did not have my husband's current address, but they somehow had my cell phone number....keep in mind, I did not even meet my husband until 8 years ago, and have only had my current cell phone number 9 years. They wanted me to give out my husband's information, but I told them I was not at liberty to do that. They read off the address (his mom's address) , and I verified that was an address that my husband still receives some mail through, and requested they send a statement of his account to prove that he in fact owes the money. No statement ever arrived! My mother-in-law has been specifically looking for it, after we explained to her that the school was harassing me (she is sure that account was paid in full, and wants to see the statement for herself, as well).

Sorry this is long, but I'm starting to get to the good stuff! Every day about the same time, I've received a call from a blocked number with the message "This is an important call for ________________...." They never put the name in, but indicated to hang up if you were not that person, so I did. You would think that would stop the calls....NOT! Every day, sometimes multiple times, I would get these calls, and each time I would hang up that it wasn't me they were trying to reach. Fed up, today, I decided to hang on the line. Instead of being transfered to a person, I was told to call this other number (866-484-0211). I called the number to tell these people to leave me alone. A guy answers the phone, and I tell him that I am calling to stop the phone calls I am receiving every day from them. The guy reads my phone number from their system, I guess, and tells me the case is a debt for my husband (by giving my husband's name). I told him that doesn't matter that the person they are trying to reach is my husband, they are calling my PERSONAL cell phone, and I want the calls stopped...that any debts my husband may have had in any kind of collections are well over 7 years old, and we have had all issues removed from his credit report more than once as no one has been able to validate their claims (note that this one for the college, has NEVER showed up on my husband's credit report until now...again,13 years after the fact). I again tell the person that I want my number removed from their files, and I am requesting that they cease contacting me. He finally reveals that they are collecting from the college (the amount is only like $200). I explained that I have already been contacted on this before, asked then that I not be called any more, and formerly requested a statement proving the debt was owed, but that no statement was ever received. The guy again read off the address of my mother-in-law again, and I verified again that is an address my husband can receive mail at, and requested a statement. He said okay, but that the calls would continue to me until the debt is paid! I tell him that by law, once I request they not contact me, they must comply...stating that this was per the Texas Fair Debt Collection Act and federal law. The guy continued to argue with me that it was a debt in collection, and they will take whatever means necessary to collect. I advised him that if they continue to call me they are in violation of law, and that I would file a complaint with my attorney general. The guy admitted at this point that by law they could not harass me for the debt, and then try to get me to see things "logically". He said logically, because it is my husband's debt, it comes out of my pocket, too. I stopped him dead in his tracks there, and told him it was NOT MY debt. He proceeded to try to tell me that if someone called him on a debt belonging to his wife, he would work it out, because logically it is his debt, too. I again had to get all legal on him, explaining that ONLY debt incurred during the marriage is joint debt, and any debt incurred before the marriage is the sole debt of that person, so again, this was a debt supposedly incurred before I even met my husband, therefore, not my debt and they must leave me alone as I requested...that I do not care about logic, I care only about the law, and the law says they have to quit calling me! The guy again tried to argue with me about logic, saying it is only $200+ and it would be easier just to take care of it. I told him if they continued to harass me over the issue, I will have a claim of $1,000 per violation of law...which would he rather have? He still tried to convince me that they were well within their rights to continue to call me, and would continue to call me until the debt was resolved. I told them if they called me again, I was filing suit against them for harassment and illegal debt collection practices, and hung up the phone. I dare them....I double dare them to call me again! Of course, I was just waiting for him to give me the line that they will go as far as getting a judgment against my husband on the debt...I was just waiting to go off on him about statute of limitations being 4 years in the state of Texas, and they were about 9 years off. I think it is ridiculous that they never made any attempt to collect this money for 13 years, and all of a sudden, they are desperately trying to get the money using any means they can think of? What planet are these losers on?


Send the the full cease comm CMRRR. They can contact you one more time to inform you a) they are ceasing collection efforts or b) any specific action they intend to take (they can do nothing). fdcpa violations are $1000 per action not per violation but you can hit them with Chapter 17 of the TX Business and Commerce code which allows for treble damages if they have damaged your ability to obtain credit.


Submitted by NASCAR_Devil on Thu, 09/04/2008 - 08:29

NASCAR_Devil

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Also searched on the TX SOS website and they do not appear to have a current bond registered with the state. Copy the Office of Phil Wilson, TX SOS on your C&D as well. I always state in my letters:

"Also, I find that your company has not posted the required $10,000 surety bond with the Texas Secretary of States Office. As you well know, this is required for all collection agencies doing business in the State of Texas. A copy of this letter is also being sent to the office of Phil Wilson, I am sure he would be very interested to learn that an non-bonded collection agency is harrassing Texas Residents. I'm sure you'll be hearing from him soon. Good Luck!"


Submitted by NASCAR_Devil on Thu, 09/04/2008 - 08:35

NASCAR_Devil

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That is why I love this site, and refer it to anyone I know fighting with debt issues!!!

Thanks so much for this information! I went to the TX SOS site myself and looked them up by name, address, etc. You are so right! They are not registered with the state! I will definitely forward information on to Phil Wilson's office! I have no problem if the collection agency follows the law, but when they think they can go around the law to collect I have a huge issue! I like to consider myself an advocate for everyone who has been harassed and bullied by debt collectors not staying within the law, and will not hesitate to turn such collection agencies in.

Thanks again!


Submitted by SubiGirl on Thu, 09/04/2008 - 09:33

SubiGirl

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These folks just don't get it!! Okay, so I sent the collections department an email about 11:00 a.m. today requesting they cease calling me, as follow up to the phone call. In this letter, I reasserted that:

1. They stop calling me, as I am not the person the debt belongs to, and since the debt was supposedly incurred by my husband prior to our marriage it is not a community debt by law. According to federal and state law (citing the laws), they must stop calling me on the matter.

2. The supposed debt has to at least be 13 years old, and is outside the statute of limitations, so they cannot take any legal actions against me or my husband on the matter.

3. As the supposed debt is at least 13 years old, there cannot legally be any reference to such on either my husband's or my credit reports, and any reports made must immediately be removed (it is not on my report, but I have not checked my husband's, yet).

I also noted in the email that their surety bond with the Texas Secretary of State was expired/canceled on 6/22/2008, therefore, they cannot legally pursue the debt until such surety bond is applied and approved.

About 5:15 p.m. this evening, I get yet another call from an unknown number. I answer the phone, and a man with a very deep voice simply asks for my husband by first name only. It tell the man that he did not have the correct number, and asked what is is regarding. The man states that he is with Progressive Financial Services. I proceed to tell him that they are now in violation as I have already asked them not to contact me on the matter because it is not MY debt, and the guy starts going on the defensive...telling me that I'm crazy and such and trying to limit my ability to even get a word in. He asked me how I know what he is calling about, and I tell him I talked to someone else just that morning about an amount they say my husband owes a college, and I told them then not to call my number again. He then goes off on another rampage saying I have to give them at least 24 hours to remove my number from the system, and I tell him that does not mean that they call me again just a few hours after I request they cease calling me. Again, he goes off saying I'm crazy, yadda yadda. When I finally get the opportunity to say something, I advise the representative that they cannot even legally pursue the matter as they do not hold a bond in the State of Texas which is required by state law. He again continues to argue with me, again trying to shut me out from saying anything...telling me I am full of it, that they collect from the government, they don't need a bond, etc. I again get an opportunity and advised them that according to the Texas Financial Code, they are required to hold a bond through the Secretary of State to collect on debts in the State of Texas, and that according to the Secretary of State's records their bond expired on 6/22 of this year! I tell him I don't make the laws, that just is the law, and I am now taking action, and have already reported them to the Secretary of State. I then proceed to hang up the phone.

I'm sure this is not the last time I've heard from these people! I have filed a complaint with the FTC against them, now, and I have emailed a local organization that may be able to help point me in the direction of pursing legal action against Progressive. They are messing with the wrong person! They should try to bully someone who isn't so aware of their rights!


Submitted by on Thu, 09/04/2008 - 17:05

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I thought it was illegal to call on a cell phone unless that number was explicitly supplied to a creditor, thus showing up on your credit report.

Since she has no dealing in obtaining this loan her cell phone should not been available.


Submitted by on Thu, 09/04/2008 - 21:54

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Looking around the web, these people have a history of harassment. Many folks are complaining about getting calls from them not only for other family members, but for people they don't even know. They repeatedly tell them that they are not the person they are looking for, and Progressive tries to bully them into giving their own personal information. Folks are reporting repeated calls, being cussed out, etc.

I am personally filing complaints with anyone who may be interested...the FTC, attorney general, secretary of state, etc. I have contacted a local advocacy group I found, and will be looking for information on an attorney that can bring legal action against these people if the harassment does not stop. It doesn't matter that I am married to the person they are looking for....it is not my debt and they have no right to harass me! They are not even contacting my husband! I'm pretty sure my husband may also have grounds for action against this folks!


Submitted by SubiGirl on Thu, 09/04/2008 - 23:42

SubiGirl

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a so called company called progressive is supposed to have bought my student loan from sallie mae. they have since had they're number disconnected, got an 866 number as aposed to a 1 800 number. we had made arrangements to pay off the 640.00 loan Jesus's asking price not mine. when i called back after he got my info he raised it to 1700.00 i dont have that kind of money. i told Jesus that i did not even make that kind of money. they have been calling my job after i expressed them not to. i even asked them to correspond by email or postal mail. they have ignored my request. what do i do ? I know they have my social security number. can they falsify any documents in my name?


Submitted by on Mon, 10/12/2009 - 07:47

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Progressive is a company operating outside of the confines of the law. They should be shut down.

I too have sent them the official letter (certified) telling them to stop communicating with me concerning a debt they allege I owe. But they continue to call anyway. The worst at the "Unknown Number" hang-up calls. Pure harassment.

For each of their FDCPA violations they are subject to a $1000 penalty. I figure once they hit 10 violations I'll turn over all my documentation to a law firm that sues sleazy outfits like this. They'll be the ones who end up paying ME :)


Submitted by on Thu, 12/03/2009 - 13:21

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I see a lot of messages on here on info for Texas. I moved from WA to NC about 3 years ago. Progressive has been calling me a lot late,y and the messages on my home phone have to be harrassing. I am not paying the guy just on principle- for how he is talking to me. Unacceptable. When he wants to try to approach it from a non-threatening angle- then of course- I will pay my debt. It is my debt, after all. Here is my question- any one know how I would find out the laws for my state? And who to file complaints with? Would I go by Washington laws (the debt was incurred there over 7 years ago) or would it go by North Carolina laws, since I am now a resident here? Any advice would be greatly appreciated! I Just need to figure out how to report them for their rude and unprofessional behaviors.


Submitted by on Mon, 01/11/2010 - 13:13

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you should be good, sounds like its out of SOL, in both states, not 100% positive about WA, but definitly NC. Also, if last payment was more than 7.6 years ago then it cant even be reported on your credit report. Send them A CMMR and FOAD letter and relax. If its still in SOL then send them a DV


Submitted by on Mon, 01/11/2010 - 16:19

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There is no statute of limitations on Student Loans. Congress repealed the SOL on student loans back in 1994, so they can be collected on, but violations such as ones described here are of course, against the law.

I have just hired a lawyer to handle these creeps at Progressive.


Submitted by on Mon, 04/19/2010 - 14:13

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I just want to throw my two cents in about these guys.

I'm an ex-student who recently got called WHILE AT WORK from these creeps. I was on the phone with a girl who would absolutely not let up and would not be satisfied until I "gave her a moment of my time." She actually wanted to know when my breaks were so I could call them back, and she started to get a bit of an attitude. They gave me the number of what I owed, which was 13000, give or take. And I choked, asking her if that was the real number and she laughed. I was actually in tears by the end of the call, because I thought they had been a scam then, and I still think this is a scam.

And I'll tell you why. There's not .com address on the papers I receive for my payments, not to mention all of the notices I get are from different states half the time. When I used a number they had given me one time, it was for the New York office, and I had just been speaking to one of the PA office; which is where the number should been for. Needless to say, they "transfered me over to that department." Kinda shady that the one for New York and the one for PA are both in a building somewhere in Georgia, while everything else is TN or who knows where.

I've never talked to the same person twice, not even my so called "case handler", and I've spoken to four different "supervisors" at different times. They actually ended up recalculating the number and came up with 17000, give or take, basing it on penalties and interest.

I actually ended up finagling my way into hardship and got the payments down to a doable level. They told me that if I didn't default for 8 months, they would knock off both the interest and the penalties. Sweet deal, right? Wrong.

When I got the payment dates, I was put back on with a supervisor, and she had me read my card off back to her again...for whatever reason. And then when I asked her about the interest and penalties being knocked off (she had a bit of an attitude, as well), she said she knew nothing about that. And the proceeded to hang up on me. Turns out, they screwed the dates up and screwed me out of several of the measly paychecks I make. By accident or by intent, I'll never know. Actually seemed rather mad when I called regarding that, like it was my fault. I'll tell ya, I always dread calling them.

And now, for the past three weeks, they've bene calling me, but they've been taking the money out.

I really don't understand all this, and maybe it's because I'm fairly young, but does this not seem shady to you guys?

Can someone please assure me these guys are a scam of some sort?


Submitted by on Sun, 07/11/2010 - 11:08

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Well, I have had these same jerks call me. But I love having fun with them, so I cuss them out with every dirty name in the book. There response is "you can't talk to me like that".
LOL, LOSERS. LOL When you call somebody's phone uninvited, the receiving end can say whatever they wish. If you call them back, then you could be prosecuted for using obscenities on the phone.

I also like to suggest that they mail me a check for 1 million which I will cash, since they freely sent it in the mail. Another law, if you receive something in the mail, it is yours to keep.

The wife gets mad, but hey, it is my phone. And these laggards can twist off.

There are over 106 people in the US with my same exact name. So how do they know they have the right person? I have never had any student loans and don't owe anybody a darn thing. I don't even own a friggin credit card.

So if somebody out there is impersonating me, well good luck suckers in catching the crook.


Submitted by on Sat, 09/25/2010 - 02:38

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