Phillips & Cohen /Advanta

When dealing with a collection agency, I make sure to receive all documents in writing. If they are putting their offers in their letterhead and signed by the concerned person, it may be considered as valid. Also make sure that they update the true status of the account with the CRAs.

You can look up the CA in the site to read more about them.

Thanks SC, (im the original poster) I have searched the site for phillips but limited/dated info only...wondering if anyone here has worked with them in the last 2-3 months?
Regards

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guys ;just fet that bob leroy, aka rayn stanvurg on a recording tape --- PCA will settle your case--- everything he tells you is a lie.... he has more law suits then any 5 collectors.... just record good old bob... call back and ask for atty enders. pkay the recording... you should get your account paid for and a few thounds bucks for yourself

I am suing the current debt collectors of Advanta, I get harassing phone calls despite a cease and desist, as well as debt validation unanswered.


Any Name
Any Address

Stupid Idiot Bill Collector
Any Address

To Whom It May Concern:

This letter is a notice of probable legal action against your company for willfully violating the Fair Debt Collection Practices Act (FDCPA), and violating the (my State) Consumer Protection Act.

On (such and such a date) , I sent a notice to your company (Certified Mail No#######). You were advised to immediately terminate any contact with me or any members of my family or household, regarding any matter concerning the collection of an alleged debt you are attempting to collect.

Additionally, you were advised if you ignore this NOTICE OF HARRASSMENT and contact me by telephone, you and your employees agree to allow me to make an audio recording of our conversation and you and your employees agree to allow the recording and any other information obtained to be used against you and your employees in a court of law. I communicated with you, that I accept only your written communication. Your failure to honor this request may constitute a violation of 15 USC ? 1666 and may result in legal action against you.

On the following dates, as detailed below, I received harassing phone calls, which I have recorded, after you received the cease and desist letter, confirmed received on (such and such a date) . , (agent or employee of Stupid Idiot Bill Collector) then called on (such and such a date) , to harass and insult me, in addition to saying that he would not call again. Stupid Idiot Bill Collector continued to call again and again and again, as listed below. There is a recorded record for each of these calls, detailing the harassment.


LOG OF RECORDED HARRASING CALLS MADE BY STUPID IDIOT BILL COLLECTOR

Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date
Stupid Idiot Bill Collector - (xxx) xxx-xxx - such and such a date


You were also advised of the self executing contract, (attached) where a Notice of Dishonor was issued due to non performance of proper debt validation. As detailed below.

WARNING - SELF EXECUTING CONTRACT

You are also put on NOTICE that if you attempt to take any action against me that you are not legally authorized to take, in violation of the (State) Consumer Protection Laws at 209 CMR 18.17 and the Fair Debt Collection Practices Act (FDCPA), you agree, by your silence and acquiescence, to pay me, based on the fee schedule below for each violation, and that you authorize a UCC Form 1 to be filed against you Stupid Idiot Bill Collector LLC personally, Stupid Idiot Bill collector Owner, Stupid Idiot Bill collector Owner2 , Stupid Idiot Bill collector Owner 3 and Advanta, with your local Secretary of State’s Office for violations of my protected rights and harassment.

This is a request to cease all telephonic communication in regard to this matter. Any further communication beyond what is legally allowed will be a violation of the law.

FEE SCHEDULE
Mailing further notices/responses/communications to alleged debtor in a manner not specified herein, $1,000 per the first occurrence, up to $5,000 per subsequent occurrence; ( ie, not sending

Harassing Phone calls - After proper notification, as verified by the postal return information, and without providing documentation stated above, up to $5,000 per occurrence;

Continuing to send alleged “Statements or Notices of Balances Due” without providing documentation stated above, up to $5,000 per occurrence;

Selling of the disputed “debt”, without providing proper validation, to another debt collector, up to $10,000;

Joinder to this action after Notary Certificate of Dishonor has been issued to a previous “alleged” collector, $50,000 per person per event; and

Taking any legal action you are not authorized to take (i.e. ex-parte attachments, improper process of service (notification of any pending court action) to obtain default judgments, etc, up to $250,000.

All rights, general and specific, reserved, without prejudice, evidenced as codified within (my state) Commercial Code at 1-207, 1-206, and 1-103.





CLAIM FOR RELIEF

In demanding a sum of over $XX,XXX, defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C.?1692e(2) in that they repeatedly falsely represented the character and amount of the debt.

The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C. ? 1692e(2)(A), (5) and (10) by repeatedly misrepresenting the imminent nature of legal action by itself against (plaintiff/victim).

The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C. ? 1692g by making a threat of suit during the debt validation request period in a manner that overshadowed the notice of validation rights and would create confusion for a least sophisticated consumer about his rights.

The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C. ? 1692e(5) by threatening legal action when no such action could legally be taken because no debt was capable of being proved .


The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C.?1692e(11) in that in no telephone contract did they advise either plaintiff that they were attempting to collect a debt and information would be used for that purpose.

The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C.?1692e(4) in that it threatened legal action, where such action was not contemplated; was unlawful to take and not permitted by any contractual right, and stated for the sole purpose of terrifying the plaintiff.


The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C. ?1692f in that their actions were an unfair and/or unconscionable means to collect a debt for the reasons set forth in the paragraphs immediately preceding.

The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C.?1692g by repeatedly refusing to validate the alleged debt.

The Defendant (Stupid Idiot Bill Collector, LLC) violated 15 U.S.C.?1692e generally by stating they could control decision to litigate, the timing and scope of same, allegedly to be filed against (plaintiff/victim).

All of the above oral statements would be deceptive or misleading to the least sophisticated consumer.

The above actions are consistently willful, intentional, and malicious on an ongoing, consistent, continuous manner to the point where plaintiff will be compelled to hire counsel to prosecute this action.

Counsel shall be expert with over twenty years experience. Reasonable legal fees for an attorney in this community with this much experience is typically $250 an hour if not more.

As a result of the above violations of the FDCPA, the Defendant (Stupid Idiot Bill Collector, LLC ) is liable to the Plaintiff ((plaintiff/victim)) for declaratory judgment that defendant’s conduct violated the FDCPA, and Plaintiff's actual damages, statutory damages, and costs and attorney's fees.

WHEREFORE, Plaintiffs respectfully prays that judgment in a sum pursuant to above, be entered against the Defendant for the following:

A. Declaratory judgment that Defendant' conduct violated the FDCPA, and declaratory and injunctive relief against the Defendant;
B. Actual damages;
C. Statutory damages pursuant to 15 U.S.C. ? 1692k.
D. Costs and reasonable attorney's fees pursuant to 15 U.S.C. ? 1692k
E. For such other and further relief as may be just and proper


I will file this case in the US District Court. A federal complaint is being drawn up at this time. I will file this case if Stupid Idiot Bill Collector continues to contact me, as well as all other violations as above. Please govern yourself accordingly.

I called 866-833-6398 and they settled my file for 20 cents on the dollar.

You signed up for a businesscard. Fair Debt Collection Practices Act applies only to personal credit accounts. Many people took advantage of the offer and then used the card for personal charges, then get all upset when asked to pay it back. They can call you and they do not have to rejustify the debt to you. You know what you did and you did not pay for it. Get a grip and make a deal with them. Now its the taxpayers via the FDIC who are covering your unpaid debt.


Quote:

Hey debt collector, if a business card is used for personal purchases, then it IS covered under FDCPA.