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On Suing Debt Collectors

Submitted by on Fri, 10/01/2010 - 12:48
Posts: 202330
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Hey Everyone,

Despite a certified mailed cease and desist letter, I get ridiculous harrassing calls from a bill collector that is frequently names on this forum, but I dont want to say, in case those employees are searching this board. ,

They are just ridiculous, malicious, and out right fraudulent. I have every call recorded, transcribed, etc.

They left me alone, after they received my cease and desist, and the guy called to inslut me about writing a cease and desist and debt validation letter, (which they ignored)

I've noticed a step up in collection efforts recently by them. I am considering sending this letter. In reality, I just want them to leave me alone. I am not really interested in suing, (but I will if I have to). This is the strongest letter I've ever sent, and I would like to get your advice.


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.




Has any one sued a bill collector and actually got money out of them? Will this letter make them actually sue me? I will defend myself, they have nothing. They are criminals. And the debt is not mine.


Quote:

Originally Posted by Anonymous
Hey Everyone,

Despite a certified mailed cease and desist letter, I get ridiculous harrassing calls from a bill collector that is frequently names on this forum, but I dont want to say, in case those employees are searching this board. ,

They are just ridiculous, malicious, and out right fraudulent. I have every call recorded, transcribed, etc.

They left me alone, after they received my cease and desist, and the guy called to inslut me about writing a cease and desist and debt validation letter, (which they ignored)

I've noticed a step up in collection efforts recently by them. I am considering sending this letter. In reality, I just want them to leave me alone. I am not really interested in suing, (but I will if I have to). This is the strongest letter I've ever sent, and I would like to get your advice.


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.




Has any one sued a bill collector and actually got money out of them? Will this letter make them actually sue me? I will defend myself, they have nothing. They are criminals. And the debt is not mine.



Great letter! Can I use it too? I too am sick and tired of this agency that keeps calling after I have sent CD letter and ask for debt validation letter. now of which I have received.


Submitted by Lizzie1014 on Thu, 10/07/2010 - 11:15

Lizzie1014

( Posts: 382 | Credits: )


I have sued several Collection Agencies as well as two of the big three CRA's and won them all. I am currently on the WebRecon list of debtors not to call or you will be sued.

First let me say that before you sue you need to have documentation to support your claims.

1. If you have caller ID take a picture of the number they called you from which will also show the times.

2. Have copies of all letters that you have sent to the Collection Agencies.

3. Make copies (recordings) of any messages they have left you.

4. Record all conversations that you have with them. (new Federal Law states that you do not have to get their permission to record them. Federal Law overrides State Laws regarding recordings)

5. Hire a Consumer Attorney (most will take the case for free to you and gets their money from who they sue).

To date I have collected over $15,000.00. I do not know if this forum will allow me to post a link to Free Software that I wrote that has all the information you will need to including links to over 1000 Consumer Attorney's for every state, sample letters and case law. Over 20000 people have downloaded the software to date.

I guess that this link can be removed it is not allowed:



Submitted by Jack Arons on Thu, 11/04/2010 - 02:40

Jack Arons

( Posts: 7 | Credits: )


for starters care to cite this new law which calls can be recorded at will?never heard of it as a federal law.secondly i'm proud of you for suing collectors,but alot of what you posted you can already find here.thirdly peddle your "free software" elsewhere as nothing is truly free.in short another cheap solicitor trying to get business via this site.


Submitted by paulmergel on Thu, 11/04/2010 - 06:22

paulmergel

( Posts: 15514 | Credits: )


Both of the first two posters said they sent a C&D and DV. You can't have it both ways. If you ask for DV, you can't also tell them to never contact you. How exactly are they going to send you validation of the debt if they can't contact you? I have a feeling that what you sent them in your DV letter was a request for contact to only be by mail. They don't have to honor that request. C&D is all or nothing.


Submitted by OhioGal1 on Thu, 11/04/2010 - 06:28

OhioGal1

( Posts: 5253 | Credits: )


Quote:

Originally Posted by OhioGal1
Both of the first two posters said they sent a C&D and DV. You can't have it both ways. If you ask for DV, you can't also tell them to never contact you. How exactly are they going to send you validation of the debt if they can't contact you? I have a feeling that what you sent them in your DV letter was a request for contact to only be by mail. They don't have to honor that request. C&D is all or nothing.


exactly right ohiogal1.that is why i almost always advise the DV as the CA can't contact or contiue collections without validating.only use a C&D under these circumstances.

1)the debt is past SOL and you can prove it.

that is the only instance where a c&d is advised by me.


Submitted by paulmergel on Thu, 11/04/2010 - 07:01

paulmergel

( Posts: 15514 | Credits: )


Paulmergel:

I am not trying to get anything for my site or any site. I have no business other than producing free software. I make no money from the software and I do believe that it is helpful and has been to many.

What are you really afraid of? Are you afraid that the information might be helpful and your ego is going to be stepped on.

I came here to help and for no other reason.

The new federal case is as follows concerning recordings Debt Collectors Beware Federal Court Rules One Party Consent Telephone Recordings Are Okay


Over the last several years there has been an ongoing debate regarding the lawfulness of one party telephone conversation recording, such as recording a debt collector making illegal, abusive and threatening phone calls. To date consumers only had their own state laws one the legality of one-party consent phone calls (only one person being aware or consenting to the recording).


The US 2nd circuit Court of Appeals has ruled that as long as your aren???t recording a conversation to commit a crime (i.e. blackmail, fraud etc.) then you have a legal right to record telephone or person-to-person conversations without having to obtain consent of all parties involved.


???We affirm, and, in so doing, hold that the exception to the one-party consent provision of 18 U.S.C. ??? 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act that is independent of the intentional act of recording,??? the New York-based federal appeals court said.


Since Federal Law trumps state one-party and two-party consent laws, consumers now have a very powerful tool to catch unscrupulous debt collectors in the act. So bad debt collectors beware, we???ll be recording you and if you break the law the process servers will be knocking at YOUR door.


Submitted by Jack Arons on Thu, 11/04/2010 - 10:39

Jack Arons

( Posts: 7 | Credits: )


OhioGal1:

I have no problem with the link being removed. What I have a problem with is his accusation that the software is not free without even looking at it and the fact that he seems to have a chip on his shoulder.

I assume that he has been the big dog around here with giving out information whether the information is accurate or not and now feels threatened by my being here. He needs to take his ego on a never to return trip.


Submitted by Jack Arons on Fri, 11/05/2010 - 04:30

Jack Arons

( Posts: 7 | Credits: )


I am following up with my original post, and yeah, maybe the moderators are right, in that you cant have it both ways, (whatever they said, sending a DV, along with something else) Thats really irrevelent. All that matters is that the creditors are notified that you have them on tape or whatever, ( and yes, I did get their agreement to be taped, since they did not object and they were given notice) The fact of the matter is, this letter works, and they move on to lower hanging fruit.


Submitted by on Sun, 12/12/2010 - 08:44

( Posts: 202330 | Credits: )


Quote:

I am following up with my original post, and yeah, maybe the moderators are right, in that you cant have it both ways, (whatever they said, sending a DV, along with something else) Thats really irrevelent. All that matters is that the creditors are notified that you have them on tape or whatever, ( and yes, I did get their agreement to be taped, since they did not object and they were given notice) The fact of the matter is, this letter works, and they move on to lower hanging fruit.

Just make sure you are living in a two party state, otherwise a recorded conversation (unless both parties give permission) is inadmissible in court.


Submitted by Shazzers on Sun, 12/12/2010 - 14:02

Shazzers

( Posts: 17344 | Credits: )


again jack cite this federal law for me that trumps state laws.there isn't one,and my removing the links to order your scam is me doing my job as a MODERTOR and enforcing the TOS.again cite the federal law that allows people to record at will.i can cite some examples in FL where recordings were not allowed because FL is two party,and the person on the other end must consent to be recorded.the only one giving misinformation jack is you.i will be watching you jack very closely now.


Submitted by paulmergel on Sun, 12/12/2010 - 18:00

paulmergel

( Posts: 15514 | Credits: )