Cutter group...threats...help
Date: Wed, 10/31/2012 - 11:31
I just received a call from some guy - he never gave his name, but the conversation went like this:
"I need your address to serve claim against you"
Me: "For??"
"You aren't aware of the charges against you?"
Me: "For??"
"You're telling me you're not aware of the charges against you?"
Me: "No."
"Ok, well, I'm 30 minutes from your place of employment right now, and need to serve these papers. The company should have made you aware of the charges - but if you're not aware of them, I'll give you like 30 or 45 minutes to call them and get this cleared up before I serve the papers. Call them at 855-426-6230. Your claim number is xxxxxxxxx."
(hangs up)
Ok....here are my issues with this:
1. I don't have a place of employment.
2. If he's "30 minutes from my place of employment", he should know the name of it and call it by name - would definitely lend credence to his call.
3. There was a TON of "call center" background noise. I highly doubt he's got 50 other people in his car with him if he's 30 minutes from my place of employment.
4. His phone number came up as an unregistered cell number when searched.
So I call the phone number given to me for this company - called "Global" - that's the only identification given in the phone call - "Global".
The guy at Global gives me all sorts of grief about this payday loan I took out with CUTTER GROUP back in April. Saying I was going to be taken to court, wages garnished, that I would be paying up to $3700 in court fees, etc. He kept asking for the address where they could serve papers - that he was giving me a chance to clear this up before it went to court, and that I could pay $710 today to clear it up. (Loan was $250.) I told him I had never received anything in the mail from them, and that I wanted this "debt" proven in writing with a copy of the contract. He said he'd go one better and serve the papers to me in person - that they had retained a "locator service" to serve the papers to me and just needed to know where to serve them - an address. He mentioned my home address once - I told him to serve them at the address they have on file - but refused to give the address to him again. He said the "locator service" was 30 minutes from my workplace and would just serve them there. I told him they could certainly try to do so - at which point he accused me of having an attitude and told me he didn't understand why I was trying to circumvent the law. I told him *I* wasn't trying to do that - but he and his company were. He told me he would put me down as noncompliant and said when I had to go to court on this matter, he wished me luck - then he hung up.
Ok, questions now:
1) How does the company know the "locator service" is 30 minutes away from my place of employment, unless the calls were made by the same person or from the same company - meaning the "locator service" doesn't exist?
2) Isn't it against the FDCPA for this company NOT to do the standard "this call is an attempt to collect a debt" speech when they call? Neither caller made this standard statement made by all LEGITIMATE collection agencies.
3) They flatly refused to send me anything by mail, but insisted they were "going to put it in my hand" by serving it to me in person. Again, isn't this against FDCPA? Don't they *have* to send me the proof of the debt if I request it?
4) BOTTOM LINE: I believe this company to be illegal in my home state (Michigan). As far as I know, if a lender wants to lend (and collect) via the internet in Michigan, they have to be licensed here and (might) need to have a physical presence here as well - not sure on that last part. I believe this company is a bottom feeder and trying to collect on old debts that they know to be uncollectable - but are trying to use scare tactics to get the consumer to pay.
Background on the loan:
When I took it out, they assured me I could pay it off early if necessary, or make payments to extend it, etc - but to pay it off, I had to call them 3 days ahead of time and set it up. I tried. I called all day long, into the late night hours, and early in the morning - I could never get an answer - meaning I could never pay it off, of course. Once I realized what was going on, I stopped them from pulling money from my account. They called me constantly until I got tired of arguing with them and demanding the paperwork on the loan to validate the debt (which they refused to give me), until I finally realized they were never going to do what they LEGALLY should do, and blocked their calls.
Can anyone confirm this for me, and allay my fears, or do I need to be concerned that someone *is* going to show up on my doorstep? I really am not all that worried, because there was just way too much wrong with those two phone calls for me to be scared - but there's just that nagging little twinge of worry....I'd appreciate some input on this Cutter Group and "Global" - whoever they are.
I wouldn't worry about it -- as many posts have said on this for
I wouldn't worry about it -- as many posts have said on this forum, if they were to serve you with something, they don't call you first. Also, if you have no place of employment, and they claim they are 30 minutes away, then it's an obvious scam.
They play on the fact you'll be so scared of their tactics, that you'll pay them money you don't actually owe them.
Next time they call (if they do) - tell them "Feel free to serve me. I'll have a deputy waiting to meet you." :)
They are feeding you a bunch of BS. Debts are civil, not crimin
They are feeding you a bunch of BS. Debts are civil, not criminal. You cannot be arrested, put in jail, etc. for this. Next time they call, simply hangup. If the calls persist, get in tough with your state's AG and notify the FTC.
Thanks, Keltin - I was pretty certain they were a scam - the
Thanks, Keltin -
I was pretty certain they were a scam - they just made way too many mistakes in their call to be a legitimate collector. So, being somewhat informed about the collection process myself, I just played along with his game to see what info he *actually* had about me.
I know that a payday lender does not "file charges" against a consumer. They might take you to court if they are a legitimate, legal lender - but not paying a debt is not a felony. He used the "bad check law", "fraud", and "breach of contract" and "noncompliance" lines to try and scare me. Yes, there are bad check, fraud and breach of contract laws, but this company is not located in my state - so I doubt the laws apply. When none of that worked and he realized I wasn't going to cave in and pay out of fear, he started raising his voice and telling me I had an attitude, and that I would be going to court, wished me luck and hung up. I think I ticked him off just a bit because I didn't respond to his threats the way most people would, I guess. :lol:
I got a call similar to that yesterday. The guy said I was bein
I got a call similar to that yesterday. The guy said I was being served and he would be by my place of employment in a few minutes. I told him to come on and be sure to bring his handcuffs. He hung up.
Got one today and was told that I had been approved for a loan. I gave him the whistle!!! Keep it next to the phone. He hung up too, bet his ears hurt!!
These are scams. No one is going to contact you by phone and tell you someone is on there way to serve you papers. Just doesn't happen.
Thanks
I appreciate the input.
I find it funny that this "Global" company - whose phone number also does not come up with any results in an online search (if they were legitimate, it would come up with their company name) - made all these big, bad-sounding claims, saying I would have to face the judge and plead my case, but would be unsuccessful, because in their words, "the judge will just use your guilt against you and you'll have to pay all the fees". The judge will use my guilt against me?? :lol: Alllrighty then.
They kept saying they were coming to my workplace to serve papers - I told them they could try. That's when he got irritated at me and said I was trying to circumvent the law and playing games with him, and that I'd better just give him the address. I told him if he has this "file" on me, as he says, then he should have my workplace address as well as my home address, and he should feel free to try and serve me papers at either address. That's when he wished me luck and hung up.
I was a bit nervous at first, but thanks to your reassurance that I did the right thing, I feel better now. :hug:
The Saga Continues
Well, I thought I'd rid myself of these fools from Cutter Group and "Global" - apparently not.
Yesterday, as I was driving to the hospital to visit my dad in the ICU, where he is dealing with multiple organ and system failure, these idiots called me again. The "private locator service" guy - the one that claimed he was 30 minutes away from my workplace - called first. As soon as I realized who it was, I hung up. (I picked it up because they are using a "fake" local phone number for my area, which of course, leads the consumer to believe it's someone they might know...so they pick up the call.) He called back FIVE TIMES - I just kept rejecting the call. Finally, he gave up - but not until he left me a screaming, angry voice mail, telling me he was trying to get an address to serve me papers, that I have a claim filed against me, and that this was my LAST AND FINAL NOTIFICATION (this last was said in just about a screaming tone of voice) - then he slammed the phone down.
Later that night, as I was driving to my daughter's house to drop my dog off, because with all the running to the hospital right now, I can't be home to take care of him....I got another call from "Global". This time, it was a more soft-spoken female, who was calling to give me "another chance" to take care of this debt, because she felt that my refusal to settle this debt might have been recorded improperly in my file. (Interesting way to approach it....)
I told her I was *not* refusing to settle *any* debt, but just like any other debt, I was demanding that I be sent something VIA MAIL, IN WRITING, to validate the debt before I paid a single penny. Her response was: "At this stage of the process, we do not send any documents out that could be tampered with or used against us in court." (Yeah, I just BET they don't want them used against them in court....). I reiterated that I was not refusing to pay a debt that I legitimately owed, but that I wanted it validated and proven to be mine before I paid one cent on it. She said she would place it for "re-submission" - whatever that means. I'm watching my bank accounts to be sure they don't try to tap into my accounts - I have them blocked, but I'm still watching...
I had a similiar company try this with me.....I told them that I
I had a similiar company try this with me.....I told them that I had moved and gave them my "new" address to serve me at....They were like we are sitting outside your house right now....I said that's a lie....they were like no ma'am it's not...........I said if you were sitting at the new address I gave you then you would be sitting in the sheriff's department parking lot. they hung up and i've yet to hear back from them....LOL...