Thanks to everyone!
Date: Thu, 02/23/2006 - 06:35
Quote:
I am writing to complain about the above-named collection agency. This collection agency engaged in the following unfair and abusive collection practices specifically prohibited by the Fair Debt Collection Practices Act, 15 USC §1692. My father is the original loan applicant, however, I was making payments for the loan. The loan defaulted and was sent to the above collection agency. They never sent a validation letter or payment agreement. The only correspondence was made via phone. I have asked numerous times for this is writing, however, I have never received it. I have signed nothing in writing. I have already paid around $4,000 to them so I am paying the debt because I have to make sure that they don't try to garnish my father's wages. I have been threatened with wage garnishments and liens on property. When they call me, they do not give me the “Mini-Miranda Warningâ€. The above collection agency has lied and spoken with third parties about my personal refinancing situation. Although, the refinance company was referred by the Collection Agency, I don't believe they can harass them to find out information about it just so they can get paid. I have also experienced abusive and unethical tactics from the collection agency. I feel unlawfully threatened, berated, intimidated or harassed. They are demanding $1,000 a month until the debt is paid (again there has been no writing agreements). They have lied and stated that I had agreed on paying a lump sum when I received my taxes and also lied about my refinancing with the third party. The refinancing guy stated that he never gave the company any information about my refinancing, however, I was told by the collection agency that I don't have enough equity in my home, so I won't be refinancing. She told the refinancing company that I owed a debt to them and that's why they needed the information. I was also asked to provide my debit card number because their “check systems were downâ€. I also checked with the North Carolina insurance company and I don't believe they are licensed in North Carolina to collect on a debt. I request that your agency investigate the practices of Ghengis Capital and take appropriate enforcement action to stop these unfair and abusive practices. I want to continue paying my debt, but I do not want to deal with this collection agency in the future. |
dbly, good letter. If you have documented the dates adn times of
dbly, good letter. If you have documented the dates adn times of their calls, it mught be helpful to send them a copy of it.
Dbly, note too that legally you have no obligation to pay them s
Dbly, note too that legally you have no obligation to pay them since it is your dad's loan (or did he just co sign for you). As your dad's Power of Attorny you have the same power as your dad would. you are legally able to speak for him and handle his affairs.
Thanks for your replies, JJ
This is my dad's loan. I was not a cosigner, so that's why I feel powerless. I don't want to ignore them and not pay because I don't want them to go after my dad.
dbly, I am moved to see your concern to your father. You are
dbly,
I am moved to see your concern to your father. You are doing the right thing. Send this letter to Attorney General; it will insist them to run an investigation on this collection agency.
???Power of Attorney' is such an instrument that allows you to make property, financial and legal decisions on behalf of your father. So it will definitely stronger your power and hopefully you will be able to fix all the problems very soon.
Try contacting the OC instead of this collection agency and get the debt paid to them directly. Sometimes creditors can help you in repaying the debt without involving the CA that has been appointed already.
Quote:
I know that I scared everyone with my original post |
Yes you did, but I'm sure that you are feeling relaxed now after sharing all your experience with us.
Though you are not a co-signor, agreeing to pay your father's ac
Though you are not a co-signor, agreeing to pay your father's account makes you equally responsible for it. The collectors should have realized that you are making the payments regularly. Try to arrange your payments with the original creditor. It will be much easier dealing with them.