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debt collection calls causing harassment

Date: Tue, 07/12/2005 - 21:16

Submitted by anonymous
on Tue, 07/12/2005 - 21:16

Posts: 202330 Credits: [Donate]

Total Replies: 7

debt collection calls causing harassment


Is it legal for Universal Fidelity to phone me in California, harrass me when I have never had any dealings with this company befor? Do you know what action I can take against this company for the harrassment?


Hi Kathy

Welcome to the forums. No creditor or debt collector is legally allowed to harass a consumer for recovering the past debt. Moreover, as you said, they are contacting the wrong person.

Are you sure that any of your unpaid account is not with them for which they are asking the payment? Well, you can confirm yourself by legally asking them to validate the debt for which they are making the claim. After you send a debt validation letter, they will contact you further only if they can provide you the details of the following particulars.


  • The details of the account.

  • All the calculation should be shown of the amount that is owed.

  • Any copies of the papers to be furnished that shows the payment agreement.

  • Provide a verification or copy of any judgment if applicable

  • The original creditor needs to be identified.

  • The Statute of Limitation needs to be proven for the collection of the debt.

  • The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent

  • Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

  • Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.

  • A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.


If they can provide you the following details as per the fdcpa law, it means that you owe them and you will have to work on a payment plan for erasing this past debt.

If they do not communicate with you after receiving your letter, they are not required to contact you in any case else, you can report their action to the FTC or the State Attorney General office and sue them.

Make sure that you gather enough proof of their illegal action by recording their telephonic conversation and present it to your lawyer. Hope that you will find a positive result of your action soon.

Do let us know about it.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 07/13/2005 - 12:17

( Posts: 4009 | Credits: )


Universal Fidelity is harassing me to pay a bill to J.C. Penney which I never received.They are saying they will ruin our credit.We do not understand as J.C.Penney has our address. Universal Fidelity refuses to tell us what the charge is for and where it was charged.I have been unable to acces our account at J.C. Penney. All I want is an itemized statement to see if I actually owe the money .What are my options here.


lrhall41

Submitted by anonymous on Sat, 12/10/2005 - 06:43

( Posts: 202330 | Credits: )


Hi Loyd

Welcome to the forums.

Talk to the original creditors about this account and see if they are presently holding this account or not. If they work with you, you do not have to consider working with the collection agency.

Also, ask the collection agency to prove that they are in touch with the correct person they are looking for. Request them to send you a DV letter so that you can get the complete picture of your accounts.

If this collection agency is holding your account, they will give you the necessary details.

Regards
Roxette


lrhall41

Submitted by roxette on Sat, 12/10/2005 - 08:50

( Posts: 4009 | Credits: )


good advice roxette. debtors can, at any time, contact the original creditor to check on the status of their account. the creditor may inform them it is with a specific collection agency, or they may give the debtor a list of collection agencies it could be with. sometimes creditors use up to 20 different agencies and they don't always know who has what account.


lrhall41

Submitted by CollectorMatt on Sat, 12/10/2005 - 14:02

( Posts: 95 | Credits: )


After you send a debt validation letter, they will contact you further only if they can provide you the details of the following particulars.



  • The details of the account.

  • All the calculation should be shown of the amount that is owed.

  • Any copies of the papers to be furnished that shows the payment agreement.

  • Provide a verification or copy of any judgment if applicable

  • The original creditor needs to be identified.

  • The Statute of Limitation needs to be proven for the collection of the debt.

  • The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent

  • Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.

  • Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.

  • A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.

Sorry Roxette but some of the above information is incorrect. One thing is that nowhere in any of our consumer protection laws is there any mention of any requirement for them to provide any information about the statutes of limitation. None!

Original notes or agreements do not have to be provided as those have nothing to do with the current status of the debt.

There is absolutely no requirement that 3rd party debt collectors must provide details of authority to collect. None!

There is absolutely no requirement to provide licensure details. None!

And Collector Matt, I like your tag line a lot since it applies to both the debtors and debt collectors who do a lot more hiding than consumers do. I'm making it a lot more difficult for debt collectors to hide from consumers. I have a huge data base of debt collectors, where I have thousands of debt collectors in the files and their complete contact information.

And I'm adding more every day, often 500 to a thousand a day.

Hundreds of consumers are trying to hunt down their tormenters every day. Police authorities are also trying to hunt them down from time to time to bring them to justice for their crimes against society. I often get calls from various police departments because some debt collector threatened to burn somebody's house to the ground if they don't pay up or threaten great bodily harm. I also get calls from the offices of various states Attorneys Generals trying to locate debt collectors to put a stop to their illegal practices.

The list is free for anyone to use. The debt collectors are listed alphabetically by state. I've got so many of them listed that I'll soon have to start another page because the first one is getting too big for fast loading.

Why do debt collectors hide like that? Mostly it is because they want the consumer to pay up by credit card or by telephonic check so they get the money fast, but why is it that debt collectors will never give the consumer a receipt for their payment?

Debt collectors usually spoof their phone numbers so they can get through caller I.D. blocking without the consumer realizing who is calling. That is providing false and misleading information to a consumer and is illegal under fdcpa.

Debt collectors try to hide their physical addresses too. One debt collector who works for WorldZen collections tried to tell a consumer that he was in Chicago when the truth of the matter is that he was in India. Another calling for NCO tried to kid a consumer into believing that he was in California when in fact he was calling from Barbados Island.

The list of violations committed by debt collectors amount to millions of violations daily and the number of people who must hunt them down amounts to hundreds of consumers daily. That's why I'm providing the lists of debt collectors.
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lrhall41

Submitted by anonymous on Sat, 06/24/2006 - 05:39

( Posts: 202330 | Credits: )