Debtconsolidationcare.com - the USA consumer forum

Horrible phone call.. threatened with lawsuit

Date: Thu, 06/08/2006 - 22:24

Submitted by anonymous
on Thu, 06/08/2006 - 22:24

Posts: 202330 Credits: [Donate]

Total Replies: 10


I'm currently living with my parents and am 23 years of age. I lost my job and am unable to work do to a medical problem. Because of this, I was unable to pay some credit card debt. A collection agency left an answering machine message stating that I was being sued and that I should contact them within the next couple hours or else. (the first contact by this collection agency, I had no clue it was even in collections and was in contact with the CC company constantly explaining when I could pay) The collection agency is called "Total Credit Recovery USA Group" My father, who was distraught by this message, contacted them and asked why I was being sued when they haven't even attempted to collect the debt from me. The collection agency representative insisted she was a lawyer and also insisted that either I would pay the full amount or face a lawsuit. (I searched the Maryland BAR and the name she gave me doesn't show up as a lawyer) My father told her it would be impossible to make the full payment but he could pay a certain amount each month. She told him I would then be sued and ended the conversation. My father then contacted my mother who also decided to contact this "lawyer". My mother had a conversation with this lady as well stating we couldn't pay the bill in full. The collections agent kept insisting she pay it, take out a loan to pay it, ask relatives for the money, or even ask my dads employer for it. (My father is a minister and somehow she knew this. She insisted we borrow it from the church which is simply absurd!) My mother finally said the only option would be to setup a payment plan. The lady eventually hung up on her. My parents eventually contacted me and told me what was going on. I promptly contacted the collections agent and was greeted with a VERY rude person on the other end. The same collections agent told me there's nothing I can do and that I would be served shortly. Oddly, the same agent who proclaimed she was a lawyer earlier stated she wasn't one to me. I told them I could pay some of it and the agent asked how much. I explained what I could do ($200 a month) and the agent yelled "KEEP IT" and hung up. The following day my father called up again and the same agent finally agreed to accept the payment plan I previously attempted to make with this agent. This same agent seems to have something personal towards myself even though I was nothing but kind to about the whole thing. Any attempt at contacting her ends up with her threatening me and hanging up. It makes no sense at all! Because of this, my father, the only one who can actually get her to agree to the payment plan, has to handle it. He agreed to pay $200 via electronic payment and she agreed to fax him the information about the payment plan we agreed to. The fax never came but she took the money. (I wish I could have handled this as I would have insisted the fax come first)

I'm insanely nervous about this considering we have none of this in writing and feel I could very well end up being sued even after I pay part of it. I do agree this is my debt and have no problem paying it yet feel rather upset by the constant threats to not only myself, but my entire family.

Considering the numerous violations such as stating she was a lawyer when she's obviously not, should I think about suing? Also, has anyone had the "pleasure" of dealing with Total Credit Recovery USA Group? Apparently they are big in Canada and have also been sued numerous times for violations of Canada's fdcpa's equivalent.


Guest, never pay a single dime without having the debt validated. What makes you sure that they legally hold your account? You never know if a new company would not come up tomorrow and claim for this account.

IMO, ask for their address and send a request for validation through certified mail with return receipt requested. Also get in touch with the original creditor and inquire if they would accept payment from you directly. In that case you can avoid this collection agency.

Disclosing your banking information to a person who you do not know is very very risky. Go through this forum to get the idea how to deal these situations.


lrhall41

Submitted by stella on Fri, 06/09/2006 - 03:52

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I agree! I personally would not pay another dime, until someone validated (in writing) that debt for me. Don't let their shady collection tactics (lying, rudeness,etc.) bother you, they are just words. It is difficult, but you need to have your defenses up and be able to think clearly. Good luck and please keep us posted.


lrhall41

Submitted by Lorri on Fri, 06/09/2006 - 08:25

( Posts: 1721 | Credits: )


Sign up in this forum and you will feel more comfortable with us. Are you taking any recourse to get the $200 back from the CA? They must have a legitimate purpose to collect the money from you. If not, file a case and get your money back lawfully.

Besides, get the debt validated in writing from the CA if they are making legitimate collections.


lrhall41

Submitted by Gretchin on Fri, 06/09/2006 - 10:37

( Posts: 482 | Credits: )


Contact the original lender. Find out where it is.

Do you still have any messages recorded? I sincerely suggest taking this to an attorney because collection agencies can not leave information like that on machines. Also they can't discuss this problem with anyone other than you without your permission unless they cosigned for it.


lrhall41

Submitted by FYI on Fri, 06/09/2006 - 13:12

( Posts: 1950 | Credits: )


WOW....find an attorney and sue the hell out of them. They broke many many laws....disclosure to third parties being the big one. You have cause for major punative relief.

Get your parents to write everything down NOW. While it is still fresh. Caller ID...have them take photos of it if they can. Write a cease and desist letter ASAP to the CA. Go to http://www.naca.net/ and find an attorney...they take cases on contingency meaning you will not have to pay up front. I see some major money coming your way!


lrhall41

Submitted by SOAPLADY on Thu, 10/22/2009 - 05:08

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this sounds like a scam. the reason they want a single payment and not a plan is that a plan would give you more time to realize its a scam and stop paying! if you paid all at once it would be too late once you realized it. dont pay these people anything, dont sign anything, dont agree to anything else. have they even sent a single dunning letter?? DV the helloutta these people!


lrhall41

Submitted by on Thu, 10/22/2009 - 05:29

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This thread is three years old. However, it's worth pointing out for informational purposes that threatening to sue with no intention of doing so is another clear violation of law.

The original poster had some lucky, excellent evidence in possession in the form of recorded answering machine messages. Remember that you cannot record a conversation surreptitiously. You don't need consent, but you do need to inform both parties before recording begins. An voice mail greeting typically satisfies that requirement.


lrhall41

Submitted by on Wed, 10/28/2009 - 11:13

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Quote:

Originally Posted by Anonymous
Remember that you cannot record a conversation surreptitiously.


Since when???

Quote:
Originally Posted by Anonymous
You don't need consent, but you do need to inform both parties before recording begins. An voice mail greeting typically satisfies that requirement.


Actually, the majority of states are what's known as 'one-party' states. That means that so long as any one party to the call (me, ferinstance) consents to the recording, it's legal.


lrhall41

Submitted by unclewulf on Wed, 10/28/2009 - 16:24

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