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(ABC)   Woman who won $10 million settlement against a collections agency having trouble collecting her money from them   (abcnews.go.com) divider line 102
    More: Ironic, cease and desist letter, Renewable Fuels Association, Nightline  
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16935 clicks; posted to Main » on 25 Apr 2012 at 10:56 PM (3 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-04-26 12:16:30 AM  

shroom: NickelP: If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.

I see what you did there.


I was about to correct that right after posting and figured no one would notice or bother to read my post anyways ;(
 
2012-04-26 12:27:48 AM  

NickelP: shroom: NickelP: If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.

I see what you did there.

I was about to correct that right after posting and figured no one would notice or bother to read my post anyways ;(


You're on the wrong site then, bub.
 
2012-04-26 12:29:00 AM  

Mugato: The collection agency was obviously being assholes but $10mill? Really?


See, if I were in charge, I would have them declared outlaws. Not the new cool "look at me Imma rebellin' against a-tor-i-tay" kind of outlaw, but the old-style "you no longer have the protection of law, including police". Anybody can put a bullet in their farking heads, set their houses on fire, whatever.

See how they like it when they victims have no recourse.

/maybe give them one day to run
//just for tradition
 
2012-04-26 12:47:12 AM  
I got it! We can work up a number six on 'em!

/are you familiar with a number six?
 
2012-04-26 12:47:37 AM  
Fta: "My clients say it is not their policy to engage in conduct that violates the law," he said. He characterized the $10 million judgment as "unfair."

Sooooo... Show up to court next time?
 
2012-04-26 12:50:16 AM  

ZAZ: "You're robocalling a cell phone. Stop."


Tom from home security calls me infrequently, and when I say that to the robot calling me, the calls stop for a few weeks before starting up again. It is annoying.
 
2012-04-26 12:56:18 AM  
when they come for blood ,send them to the aids infected junkie at the end of the long dark ally.
 
2012-04-26 01:06:43 AM  

over_and_done: See, if I were in charge, I would have them declared outlaws. Not the new cool "look at me Imma rebellin' against a-tor-i-tay" kind of outlaw, but the old-style "you no longer have the protection of law, including police". Anybody can put a bullet in their farking heads, set their houses on fire, whatever.

See how they like it when they victims have no recourse.


I LIKE the way you think.
 
2012-04-26 01:11:14 AM  

shroom: NickelP: If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.

I see what you did there.


everybody missed the plural wives too so the wife's jews might be safe
 
2012-04-26 01:16:25 AM  
My weekend job is front desk/security at an upscale retirement community.

Last year, I was getting a series of hang up calls. It turned out they were from HSBC Auto Finance, calling for different employees, neither of whom work on weekends. The companies would call every half hour, I'd pick up and they'd hang up. I *69'd them (before my employer finally got a display for the number) got their number and called, only to get an automated phone tree with no way to talk to a person. However, I did get a company name. I googled it and got a number where I was able to connect to a live person.

I informed them that their office at (what ever number) was calling every half hour all morning and hanging up. I informed them that this was a business and they were disrupting it and my ability to help our members and do other parts of my job. I further informed them that in doing so, they were displaying questionable ethics and a lack of corporate honesty.

The guy I reached then tried lieing to me. One tact was, "Well, this is the number the person gave to us as a contact number, saying it was a home number." Wrong. Another tact was "Well, that's how the system was designed, It calls and then only sounds like a hang up as it was being transferred to a person. In fact, that's how you got me." That was when I got nasty. "Look, don't go blowing smoke. We both know that's a lie as I held on for several minutes for that and all I got was a disconnect recording. No, bub, I got you by googling your company for another number and tracking your sorry butt down. Now, this is the way it is going to be. I have kept a written record of every call, every time, all the phone numbers and your name. You and your people will stop calling here. Immediately. If you do so again, I will turn all of this over to our state AG, who is hell on wheels against fraudulent representation. IOW, it is not going to be pretty for you and your company. Am I understood?"

They never pulled that shiat again.
 
2012-04-26 01:36:24 AM  
So I"ll ask here.
I racked up about $700 in credit card debt about 5 years ago and ended up not being able to pay it.
They've since sold the debt and it's changed hands several times since than.
The company that claims they own it now sent me a letter asking for me to pay it.

I sent a debt validation letter to make sure they were the current owners, etc etc.
They only responded with a copy of my CC statement and another demand for payment.

This is not what I wanted.
Should I sent another validation letter or should I be able to tell the credit bureaus that they have failed in their obligation and it should be removed from my report?
Frankly I'm willing to settle the debt if they prove doing so will be the end of it, specially if I can pay them to delete it off my report, but at the same time I have no need for a higher credit score for the next couple of years and the statue of limitations will be up in another year.

Anyone have any tips handling something like this?
 
2012-04-26 01:53:26 AM  
Think the 'obvious' tag would be more appropriate
 
2012-04-26 01:53:59 AM  
So, with all the bullshiat regulations out there on the telecommunications industry, why hasn't someone required them to fix the PSTN/SS7 networks so that caller ID spoofing isn't possible any longer? It's really not that hard, and they've fixed all the spoofing problems that allow you to spoof billable calls. Why not fix caller ID?

/Oh, that's right. There's no profit motive in fixing caller ID
 
2012-04-26 02:01:57 AM  

Bunnyhat: So I"ll ask here.
I racked up about $700 in credit card debt about 5 years ago and ended up not being able to pay it.
They've since sold the debt and it's changed hands several times since than.
The company that claims they own it now sent me a letter asking for me to pay it.

I sent a debt validation letter to make sure they were the current owners, etc etc.
They only responded with a copy of my CC statement and another demand for payment.

This is not what I wanted.
Should I sent another validation letter or should I be able to tell the credit bureaus that they have failed in their obligation and it should be removed from my report?
Frankly I'm willing to settle the debt if they prove doing so will be the end of it, specially if I can pay them to delete it off my report, but at the same time I have no need for a higher credit score for the next couple of years and the statue of limitations will be up in another year.

Anyone have any tips handling something like this?


Start telling the credit bureau immediately. If they will only provide the original statement, that's all the credit bureau will get. If they try to verify the debt with the original debt holder, they will confirm that you do not owe them that money, meaning the credit bureau sides with you costing you nothing but time.

Worst case, they actually give the proof to the credit bureau, then you can get it from the credit bureau. And don't send money until you get something in writing.
 
2012-04-26 02:02:09 AM  

slackux: So, with all the bullshiat regulations out there on the telecommunications industry, why hasn't someone required them to fix the PSTN/SS7 networks so that caller ID spoofing isn't possible any longer? It's really not that hard, and they've fixed all the spoofing problems that allow you to spoof billable calls. Why not fix caller ID?

/Oh, that's right. There's no profit motive in fixing caller ID


They would also have to upgrade all of the local switching equipment everywhere to pull it off. That would cost a lot of money and currently telecom companies are more tight waded than banks about doing anything but making profit.
 
2012-04-26 03:19:12 AM  

gozar_the_destroyer: slackux: So, with all the bullshiat regulations out there on the telecommunications industry, why hasn't someone required them to fix the PSTN/SS7 networks so that caller ID spoofing isn't possible any longer? It's really not that hard, and they've fixed all the spoofing problems that allow you to spoof billable calls. Why not fix caller ID?

/Oh, that's right. There's no profit motive in fixing caller ID

They would also have to upgrade all of the local switching equipment everywhere to pull it off. That would cost a lot of money and currently telecom companies are more tight waded than banks about doing anything but making profit.


As a security researcher working on this problem, that is somewhat incorrect. It would require hardware manufacturers to get their head out of their ass and release a firmware/software update. They would probably charge the carrier for it, which makes it not in the best interest of carriers.
 
2012-04-26 04:00:40 AM  

slackux: gozar_the_destroyer: slackux: So, with all the bullshiat regulations out there on the telecommunications industry, why hasn't someone required them to fix the PSTN/SS7 networks so that caller ID spoofing isn't possible any longer? It's really not that hard, and they've fixed all the spoofing problems that allow you to spoof billable calls. Why not fix caller ID?

/Oh, that's right. There's no profit motive in fixing caller ID

They would also have to upgrade all of the local switching equipment everywhere to pull it off. That would cost a lot of money and currently telecom companies are more tight waded than banks about doing anything but making profit.

As a security researcher working on this problem, that is somewhat incorrect. It would require hardware manufacturers to get their head out of their ass and release a firmware/software update. They would probably charge the carrier for it, which makes it not in the best interest of carriers.


Software patches are an upgrade.
 
2012-04-26 05:59:51 AM  

Mugato: The collection agency was obviously being assholes but $10mill? Really?


Did you read the article?

Bad things happen when you don't show up in court...
 
2012-04-26 06:15:13 AM  

rebelyell2006: ZAZ: "You're robocalling a cell phone. Stop."

Tom from home security calls me infrequently, and when I say that to the robot calling me, the calls stop for a few weeks before starting up again. It is annoying.


When you answer a telemarketing robocall you're telling their system that they've reached an active number and that number goes into their database. After that the calls never stop. They then sell their list of active phone numbers to other telemarketers. It's a vicious cycle. True you can report them to donotcall.gov, but most of them using number spoofing so chances are you aren't reporting a legitimate phone number.
 
2012-04-26 06:57:32 AM  

ElBarto79: If push comes to shove they will probably just declare bankruptcy and open up shop somewhere else. I don't see how she's going to get that money, this is a company that has built it's whole business on debt - not only do they know all the ways to try and force people to pay, but they know how to use those rules to avoid paying themselves, but she's right, just forcing them to move operations sends a message. What I'm wondering is why they did not seek out the caller and arrest him, he should be sitting in a jail cell.


Good guess where he is.


If I were the attorney, I would seek out the best skip tracer in the business and figure out what assets can be attached.
 
2012-04-26 07:13:30 AM  
Well, if the woman would have just paid her debts in the first place like a real and responsible American, none of this would have been necessary.

Maybe it's time to bring back indentured servitude and debtor's prisons.
 
ZAZ [TotalFark]
2012-04-26 07:29:59 AM  
NickelP: I had a teacher who was an attorney and did some work collecting debts for the state. [...] He said if it was a business he always walked in and either went after whatever machinery would make their operations grind to a halt[...]

If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.


That's called abuse of process and it is actionable. You're not allowed to use a judgment to punish the defendant. In my state we had a guy who took half a prefab house to settle a debt. He got sued in return and lost. He didn't have any legitimate use for half a house. Each half was worth much less than the whole. The motive was revenge, not debt collection, and that's illegal. Another guy wanted to seize the office furniture of a politician who was responsible for the state's debt to him. The judge wouldn't allow it. There is plenty of surplus state property that can be taken without disrupting operations.
 
ZAZ [TotalFark]
2012-04-26 07:34:43 AM  
card debt about 5 years ago

The statute of limitations may have expired, or may expire soon. In my state most debt becomes uncollectable after 6 years.
 
2012-04-26 07:38:47 AM  
The guy in the article comments who keeps claiming that you don't get called if you don't owe money is pissing me off because I'm getting harassed every single day for someone else's debt. The collection agency calls my cell phone every single day - EVERY SINGLE DAY - sometimes multiple times a day. It doesn't matter how many times I tell them that I'm not the person they're trying to reach and that the person they're trying to reach isn't at this number, they just keep calling.

The first call they made, they claimed the person they were trying to reach had applied for a loan and been approved but it was really important that they call back as soon as possible. When I explained that I wasn't the person they were trying to reach, they said my number was the only number they had to reach the person they were looking for. I told them I still wasn't the person they were trying to reach.

The second time they called, they claimed my number was the emergency contact number, but this time they didn't pretend it was about a loan offer. The third time they called, they told me if I'd give them my name, they'd take my number off the call list. I did; they didn't.

The fourth time, they started asking for my personal information, so I hung up. Now, every time they call, I say "For the ____ time, the person you're trying to reach is not at this number" and just hang up. When they call this morning, I'll be up to the 24th time. I guess I need to find out exactly what information is supposed to go in a Cease and Desist letter, because I really don't want to have to change my phone number.
 
2012-04-26 07:57:15 AM  
start going through the wives jews

Wives have jews? Really? Where are mine, I can make then do all the back breaking spring gardening for me.............
 
2012-04-26 08:22:42 AM  

HoneyDog: Wives have jews? Really?


Only if their husbands call themselves "Pharaoh"
 
2012-04-26 08:29:18 AM  

NickelP: If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.


"I will not let you in this house without a police officer and a court order. Until then, you are trespassing, and if you set foot in this house without a court order and law enforcement present, I will have to assume you mean to do me direct physical harm, and I will act accordingly. Do you understand what I just said?"
 
2012-04-26 08:32:11 AM  
I'd like to applaud subby on a good use of the irony tag. See Farkers, it does happen.
 
2012-04-26 08:49:35 AM  

ZAZ: card debt about 5 years ago

The statute of limitations may have expired, or may expire soon. In my state most debt becomes uncollectable after 6 years.


One thing collectors do, and people fall for, is offering a settlement for a tiny amount. Say you owed $6,000, they will offer a settlement if you pay them $25. If you do, that opens the account again and resets the clock so they can legally go after the full amount. Even if the statute has come, they can legally try to get you to settle. They just can't legally sue you. Pay them a little, and then they can sue you.

Debt collectors really are scumbag companies.
 
2012-04-26 08:50:20 AM  

rebelyell2006: ZAZ: "You're robocalling a cell phone. Stop."

Tom from home security calls me infrequently, and when I say that to the robot calling me, the calls stop for a few weeks before starting up again. It is annoying.


That motherfarker calls me 3-4 times a month as well. I have no idea how my number got on that calling list. I hate that nasally voice he calls with too, what a goon.
 
2012-04-26 08:54:54 AM  
My cell phone number was previously assigned to someone who didn't pay their cell phone bill. I periodically get calls from collectors who can't understand that their cell phone was disconnected due to nonpayment and their old cell number is useless as a point of contact for the debtor. The people have no brain.
 
2012-04-26 09:03:29 AM  
I was being harrassed by a debt collection company so I tracked down the owner of the company, found out everything I could about him on google, and sent letters to his attention at every organization he had any connection with. His church, his fraternity alumni group, his daughter's private school, his wife's neighborhood group, etc. In the letter I said I wanted to speak to him "regarding a debt". I also called a few of the organizations, asked for the guy and left a message saying it was "regarding a debt." The letters to me stopped. The phone calls stopped. It was actually pretty fun. The end.
 
2012-04-26 09:04:16 AM  

slackux: It would require hardware manufacturers to get their head out of their ass and release a firmware/software update. They would probably charge the carrier for it, which makes it not in the best interest of carriers.


Anywhere the switch is in a business, they'll charge the business, and some of the manufacturers are long since out of business or bought out anyway.
 
2012-04-26 09:08:07 AM  
CSB:
For like 9 months, I kept getting debt calls for some biatch named Susie. I kept telling them that I don't know Susie, she doesn't live here, I've had this number for 4 years, and to stop calling me. Next day I would get another call. They tried to be sneaky too. "Hey! This is John! Is Susie there?" No, asshole, This isn't Susie's number. Stop calling.

Finaly one day, after having enough, I said "I'm sorry I have to tell you, but Susie died in a car fire." They say "Sorry to hear that" and hung up.
The next damn day I get another call for Susie. I tell them "Goddamit, there is no Susie here. She has never lived here."
'Well, thats funny, because yesterday you said she died'
so I respond
"Yes, she did. I got tired of her using my number for bad debts, so I tracked that biatch down, beat her in the face until she was unconcious, doused her car with gasoline, and set that motherfarker on fire. I don't think you'll be getting your money back"

They never did call me again.
Though the cops did come by for a visit. We had a very pleasent conversation about how I am not supposed to claim to have murdered people, even if I didn't actualy do it. They were such good sports about it, they even decided not to shoot my dog.
 
2012-04-26 09:08:08 AM  

msrbley: I was being harrassed by a debt collection company so I tracked down the owner of the company, found out everything I could about him on google, and sent letters to his attention at every organization he had any connection with. His church, his fraternity alumni group, his daughter's private school, his wife's neighborhood group, etc. In the letter I said I wanted to speak to him "regarding a debt". I also called a few of the organizations, asked for the guy and left a message saying it was "regarding a debt." The letters to me stopped. The phone calls stopped. It was actually pretty fun. The end.


Isn't the internet a wonderful thing?
 
2012-04-26 09:16:58 AM  

gozar_the_destroyer: msrbley: I was being harrassed by a debt collection company so I tracked down the owner of the company, found out everything I could about him on google, and sent letters to his attention at every organization he had any connection with. His church, his fraternity alumni group, his daughter's private school, his wife's neighborhood group, etc. In the letter I said I wanted to speak to him "regarding a debt". I also called a few of the organizations, asked for the guy and left a message saying it was "regarding a debt." The letters to me stopped. The phone calls stopped. It was actually pretty fun. The end.

Isn't the internet a wonderful thing?

Yes it is and someone who owns a debt collection company might want to check it out. I even located his home on google maps. That's scary stuff. Don't piss off a person with no money, a computer, a phone and lots of free time.
 
2012-04-26 09:21:58 AM  

msrbley: gozar_the_destroyer: msrbley: I was being harrassed by a debt collection company so I tracked down the owner of the company, found out everything I could about him on google, and sent letters to his attention at every organization he had any connection with. His church, his fraternity alumni group, his daughter's private school, his wife's neighborhood group, etc. In the letter I said I wanted to speak to him "regarding a debt". I also called a few of the organizations, asked for the guy and left a message saying it was "regarding a debt." The letters to me stopped. The phone calls stopped. It was actually pretty fun. The end.

Isn't the internet a wonderful thing?
Yes it is and someone who owns a debt collection company might want to check it out. I even located his home on google maps. That's scary stuff. Don't piss off a person with no money, a computer, a phone and lots of free time.


Wasn't that the premise of the Lawnmowerman?

\It makes me wonder how many separate Skype sessions can be ran on a single computer can made to call different phone numbers
 
2012-04-26 09:22:39 AM  

Amos Quito: Junk debt buyers are useless eaters.

[2.bp.blogspot.com image 640x360]

Unnecessary violence has been approved.


Blues brothers?
 
2012-04-26 09:24:38 AM  

Mugato: The collection agency was obviously being assholes but $10mill? Really?


punitive damages are punitive.

the company's lawyer didn't even bother to show up. the judge should've made it $50m.
 
2012-04-26 09:40:46 AM  

ZAZ: NickelP: I had a teacher who was an attorney and did some work collecting debts for the state. [...] He said if it was a business he always walked in and either went after whatever machinery would make their operations grind to a halt[...]

If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.

That's called abuse of process and it is actionable. You're not allowed to use a judgment to punish the defendant. In my state we had a guy who took half a prefab house to settle a debt. He got sued in return and lost. He didn't have any legitimate use for half a house. Each half was worth much less than the whole. The motive was revenge, not debt collection, and that's illegal. Another guy wanted to seize the office furniture of a politician who was responsible for the state's debt to him. The judge wouldn't allow it. There is plenty of surplus state property that can be taken without disrupting operations.


It does sound stupid to take on a debtor that pays the judges. Did he really think a judge would be okay with taking state property from offices? Imagine what would happen to him if he had taken furniture from the judge's office. Idiot should remember judges are politicians with a different job.
 
2012-04-26 09:42:23 AM  

Mixolydian Master: GAT_00: Mixolydian Master: so how hard is it to make them pay up

[i575.photobucket.com image 411x110]

It's cute how naive you are. Companies can and will hide forever from their obligations when it concerns one person. They're legally better than you citizen, made that way by the people you elected into office.

How did the hot coffee woman ever get paid from McDonalds? etc.etc. Isn't the whole thing just a judge saying Pay the fark up mother farkers. Large companies get sued successfully and pay up all the time. This isn't the case here. It's a company that figuratively hides in the shadows.


I'd advise against feeding the trolls.
 
2012-04-26 09:55:17 AM  

Honest Bender: NickelP: If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value.

Alright Miss Frank, you're coming with me!


This autocorrect/typo made me giggle way more than it should've, as did your response.
 
2012-04-26 09:59:57 AM  
firstly dumbasses show up to court to defend yourselves, secondly don't break the law. Thirdly these debt collectors should be made illegal as it obvious they have no regard for the law.

Not saying there shouldn't be a mechanism for collecting money owed but the current system needs to go.
 
2012-04-26 10:30:34 AM  

TheOmni: I have a debt collection company calling me pretty regularly about a debt that I don't actually owe. I gave up on trying to get them to stop and I just have an app on my phone that blocks their numbers, so I don't really notice unless I check the logs and every couple of months I get a new unknown number that calls and doesn't leave a message that I have to add to the list. Some people have told me that I can sue them, but I never really thought it would be worth it because even if I did go through the effort of getting a judgment against them, I didn't really see receiving that money as likely. This seems to confirm my suspicions.


Do it. It's worth it. I had a collector try to collect on some old outstanding debts I'd paid off long ago. Actually the letter they sent was screwed up they mixed up two different old debts and said I owed them. Fark them. I went to a lawyer, he sued, went to court and I won about $5500, or about $1500 after lawyer fees. They did pay up, too. But I didn't care so much about the money as I did sticking it to those assholes.
 
2012-04-26 10:39:12 AM  
The way it appears to work is the original debt holder (not a collection agency) tries to get you to pay on your account. If you don't pay, then the debt gets sold to a collection agency, who tries to get you to pay the debt. If that agency is unsuccessful, they sell the debt to another collection agency, who then tries to collect on the debt. As the debt goes through this chain of collection agencies, the debt is consider less and less valuable to the collection agency because they see it as less and less likely that you will pay that debt. The less likely you are to pay, the less likely they are to make any money by spending their time dealing with you.

Sometime around 2000 or 2001 my wife (gf at the time) made the mistake of signing up for a magazine subscription with Magazine Services of America (based out of Florida), via one of those door to door magazine salesman. For a good read search Google for 'magazine sales door to door slavery.' When the subscription ran out she told MSA to close the account and not renew the subscription. She thought the account was closed, but several years later she started receiving calls from various collection agencies. I ended up getting to field those calls. We would receive a few calls or a letter from one collection agency, then hear nothing for several months to a year or two, then the process would repeat with a different collection agency.

Eventually this account was passed to International Collection Services in Florida. I spoke to an Ed Smith. The San Diego District Attorney's office told me debt collectors use sets of fake names to tell them what the account is about, with you knowing. Ex: If ICS had told me to call back and ask for Mr Citibank, that might tell them it was a Citibank account. I wanted to find out if they were a licensed debt collector, so I asked for their ID number. Smith indicated that they had one, but refused to tell me what it was.

With ICS I ended up filing a complaint with the Florida Department of Financial Services, but we still get the occasional collection agency calling us. One of the best was American Collections, INC, running out of P.O. box in Overland Park, KS. The form we received from them was a poor quality copy (almost a mimeograph) with the form filled by hand. The pre-printed phone number had been scratched out and corrected by hand. I called them and they said they were a licensed debt collector. I looked them up on a Kansas government web site (I forget which one) and found that, yes, they were registered in Kansas. However, I also found on a Florida government web site that, regardless of your location (Kansas, Florida, or anywhere else), in order to be a debt collector for an account based in Florida, you have to be a debt collector licensed by Florida. American Collections was not licensed in Florida and was therefore acting illegally as a debt collector.

The result appears to be that, the older the debt, the less and less reputable the collection agency.
 
2012-04-26 10:48:08 AM  
It would improve the situation if the U.S. could implement some E.U. style privacy laws. Something that would make creditors responsible for protecting the personal data they are intent on selling out.

This whole problem is a symptom of our lack of regulation of the financial sector and if Congress can get off its butt and stop worrying about ladyparts and propping up media dinosaurs with gout for a day or two then we could tackle this.
 
2012-04-26 10:51:30 AM  

dittybopper: NickelP: If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.

"I will not let you in this house without a police officer and a court order. Until then, you are trespassing, and if you set foot in this house without a court order and law enforcement present, I will have to assume you mean to do me direct physical harm, and I will act accordingly. Do you understand what I just said?"


My understanding is they already had a court order and a county bailiff went with them. He would tag whatever he wanted and the bailiff would record it and remove it. I can just speak from what the guy said I don't think he ever really intended to take most of the crap he tagged, just to try to settle with it.

ZAZ: NickelP: I had a teacher who was an attorney and did some work collecting debts for the state. [...] He said if it was a business he always walked in and either went after whatever machinery would make their operations grind to a halt[...]

If it was an individual, he would go to their house and start going through the wives jews, undergarments and other items of personal value. The entire point was never to get stuff of value, just stuff that would cause the wife to call the husband and be like you need to handle this.

That's called abuse of process and it is actionable. You're not allowed to use a judgment to punish the defendant. In my state we had a guy who took half a prefab house to settle a debt. He got sued in return and lost. He didn't have any legitimate use for half a house. Each half was worth much less than the whole. The motive was revenge, not debt collection, and that's illegal. Another guy wanted to seize the office furniture of a politician who was responsible for the state's debt to him. The judge wouldn't allow it. There is plenty of surplus state property that can be taken without disrupting operations.


I'd think it was abuse of process too. He probably figured most of the people wouldn't fight it and if they did who cares the state is probably liable anyways. Remember he was collecting state debts and not private ones.
 
2012-04-26 03:11:30 PM  

Lirren: The guy in the article comments who keeps claiming that you don't get called if you don't owe money is pissing me off because I'm getting harassed every single day for someone else's debt. The collection agency calls my cell phone every single day - EVERY SINGLE DAY - sometimes multiple times a day. It doesn't matter how many times I tell them that I'm not the person they're trying to reach and that the person they're trying to reach isn't at this number, they just keep calling.

The first call they made, they claimed the person they were trying to reach had applied for a loan and been approved but it was really important that they call back as soon as possible. When I explained that I wasn't the person they were trying to reach, they said my number was the only number they had to reach the person they were looking for. I told them I still wasn't the person they were trying to reach.

The second time they called, they claimed my number was the emergency contact number, but this time they didn't pretend it was about a loan offer. The third time they called, they told me if I'd give them my name, they'd take my number off the call list. I did; they didn't.

The fourth time, they started asking for my personal information, so I hung up. Now, every time they call, I say "For the ____ time, the person you're trying to reach is not at this number" and just hang up. When they call this morning, I'll be up to the 24th time. I guess I need to find out exactly what information is supposed to go in a Cease and Desist letter, because I really don't want to have to change my phone number.


This happened to me; I then recorded the calls and told them I was recording it. They said that they didn't consent but my reply was "your response indicates you are aware of the recording". I told them who I was, who I wasn't, and if they called again, it would be recorded again and both recordings given to the police. They tried to threaten me, try to get me to confirm I was the other debtor, and I did as I said. Called the police, played them the recording and gave them the company's information... they put a stop to it. The only time I've been glad for a police officer.

The other debt collectors who also called for the supposed debtor also disappeared. Record 'em! You can't be charged if they know you're doing it, and you might get some good actionable dirt. Also, anytime you call customer service and they say "this call may be monitored", I take that as permission... they said I may monitor it. :)
 
2012-04-26 05:37:26 PM  
At my current place of work, I get calls from debt collectors to my desk phone from the previous occupant. She hasent worked here in 2 years! So every 5 months or so I get calls, sometimes robocalls sometimes human. Ive also got the call and hangup ones, those annoy me the most. Usually if I get a human I tell them this is a work phone and the person who used it hasent worked here in 2 years. I guess they sell the debt then I go through it all over again. I ahve told my supervisors and the people in charge of the phone systems. Its been a few months since Ive gotten one of these calls. (knock on wood)
 
2012-04-26 08:06:20 PM  

msrbley: I was being harrassed by a debt collection company so I tracked down the owner of the company, found out everything I could about him on google, and sent letters to his attention at every organization he had any connection with. His church, his fraternity alumni group, his daughter's private school, his wife's neighborhood group, etc. In the letter I said I wanted to speak to him "regarding a debt". I also called a few of the organizations, asked for the guy and left a message saying it was "regarding a debt." The letters to me stopped. The phone calls stopped. It was actually pretty fun. The end.


I like it....this dude figured out how to make a living off the assholes

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