Mitchell N. Kay DV letter
Date: Thu, 03/22/2007 - 12:59
This is my first post in here, and I have found great info on this site! Hope to keep it up!
I am dealing with the scumbags of Mitchell N Kay because of a debt with my AMEX. I sent them the debt validation letter, and here's what I got: a single piece of paper saying my accnt#, the amount of debt, ref.#, account rep, and then, where it gets me, is this little part, and quote:
"In response to your recent request, we are obtaining the information you requested.
As soon as we receive the information, we will forward it to you."
Is this even legal? Do they even have all the paperwork concerning my account? I think this is pretty lame from them, since the info should've come to me in the first mail. How should I handle all this? Thanks in advance for all the help!
If they have requested documentation from the original creditor,
If they have requested documentation from the original creditor,then that letter is ok. Sometimes it can take a long time to validate. Some collectors cannot validate at all which is completely legal as long as they stop collecting.
Do your homework and find out the latest standing of the account
Do your homework and find out the latest standing of the account. Go through the contract copy signed with the original creditor and calculate the collection fees. You will come to know whether the charges given by the collector are right or not. If it's correct, your next step is to work out payment plans with the collection agency. Get in writing from the CA that they will be updating your file after the account is paid.
UPDATE: I just received a letter from Mitchell N. Kay and the
UPDATE:
I just received a letter from Mitchell N. Kay and the only thing they includes are copies of some old duplicate statements. No info on whether they can legally able to work in Ohio, no word if they're the owners of the account, or anything like that. Is this legal, or just another scam plan from this people?
Thanks in Advance!
Bigfoot, Send a second letter informing them that their validat
Bigfoot,
Send a second letter informing them that their validation leaves a lot to be desired and that you demand that they either fully validate or drop the collection. Send it certified return receipt.
Thanks Cajun, I will do it first thing on Monday. But should I u
Thanks Cajun, I will do it first thing on Monday. But should I use the same letter I sent or should I use a new one? if a new one, where can I find one online? Thanks!
Here is a link of samlple letters at http://www.debtconsolidatio
Here is a link of samlple letters at http://www.debtconsolidationcare.com/letters/ ,there is also a section called Books, under "Our Services" to the side of your screen that will give you some ideas. Be sure and tweak it to fit your needs. I always ask for a copy of the original signed contract-legal papers saying they are able to collect,and proof they bought this account from the original creditor,copies of all payments and transactions,how they came up with their fees,Date of last payment to prove this is not out of the SOL period,yada,yada. Just add your personal info..Good Luck..KAren
Thanks Karen! I am looking at those, and certainly will take som
Thanks Karen! I am looking at those, and certainly will take some info out of it! Thanks again!
You are welcome Big Foot-and Good Luck!!..Karen :D
You are welcome Big Foot-and Good Luck!!..Karen :D
Update! Letter about to be sent to this people. Any help on t
Update!
Letter about to be sent to this people. Any help on the matter would be highly appreciate it!
Quote:
To Whom It May Concern: This letter is being sent to you in response to a debt validation info sent to me on March 29, 2007 Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. When I sent you the debt validation letter back on 02/27/07, I requested the following: ?????? What the money you say I owe is for; ?????? Explain and show me how you calculated what you say I owe; ?????? Provide me with copies of any papers that show I agreed to pay what you say I owe; ?????? Provide a verification or copy of any judgment if applicable; ?????? Identify the original creditor; ?????? Prove the Statute of Limitations has not expired on this account ?????? Show me that you are licensed to collect in my state ?????? Provide me with your license numbers and Registered Agent The response I got leaves a lot to be desired, since there is information that I requested and you did not provided such. Now you are in clear violation of he Fair Debt Collection Practices Act (fdcpa). At this time I am requesting that all information asked be provided to me no later than 30 days from letter receipt. If no valid information is received within the 30 day period, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau??????s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: ?????? Violation of the Fair Credit Reporting Act ?????? Violation of the Fair Debt Collection Practices Act ?????? Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards, |
There is also case law, such as Fields v. Wilber Law Firm (7th C
There is also case law, such as Fields v. Wilber Law Firm (7th Circuit Ct) which says that they have to show you how the calculated what they say you owe as well as any additional fees they've tacked on.
Mitchell N. Kay
We recently received a debt settlement offer letter from the ???????Law Offices of Mitchell N. Kay, P.C??????? from New York stating we could pay half of the ???????alleged??????? debt owed to ???????settle the account???????. This debt was supposedly from a T-Mobile account back in 2005!! We read the letter and immediately thought, ???????Oh, HELL no??????????????NO frickin way!! We paid that!!??????? So, knowing that the payment did not come from either one of our personal checking accounts, we looked in the cancelled checks from our savings account. BINGO! There it was!! We had our proof!
We then contacted the ???????Law Office??????? (collection agency) and explained that we had proof that the debt had been paid. (AND it wasn????????t even late we need to add!!!!) We were repeatedly told that we still needed to pay the settlement offer and it was going to still be considered an ???????uncollected debt??????? case. We repeatedly told them we were NOT going to send them any more money until the debt was verified. (Yes, we did this in writing.) Needless to say, they did not like this answer and ended the call.
So, now we wait to hear back from this so called ???????Law Office of Mitchell N. Kay???????. We do not honestly think we will ever hear anything from them again: #1 being, they are frauding/scamming/conning/bullying people into paying on accounts they do not owe! We researched this ???????company??????? and found they have several complaints against them and several complaints with the Better Business Bureau.
Thank you for this website which also confirms our feelings regarding this "business"!! WHY are they still in business?????
After reading this forum I also think that they are scammers!! b
After reading this forum I also think that they are scammers!! better be beware (BBB) of them[/quote]
scam!
I received a letter a year and a half ago from Mitchell N. Kay and made payments on a debt in monthly installments. My last payment made was in June of 2007. This month (August) an entire YEAR later they send me another letter informing me the debt was not paid in full! What was strange: when I was making monthly payments, if I was 2 days late making the installment payment, they would call to harrass me. But, now they wait an entire year later to request payment on the remaining $100.00! I read more than a year ago reports on this company about how people have paid them in full and they come back and try to collect additional money several months later. After I had made the final payment, I sent a letter requesting they send me an acknowledgement that the debt was satisfied...no response. I then called to request the same acknowledgement letter and they said they would mail it. Never received. Now, I have to deal with them again!
Mitchell N. Kay
My husband received a letter from the offices of Mitchell M. Kay about a debt that was supposedly 9 years old. He didn't even know what it was for. We sent a debt validation letter and about a week later got a letter from them that they had closed his account and sent it back to the original creditor. VERY FISHY.
Mitchell N. Kay
I recieved a letter from these folks(Mitchell N. Kay) for a Helik Meijer, for a account opened in 2000, the company sold me a bedroom suite that was defected they refused to come get it and they closed about a week later. I paid half of the amount due on the account which was 1600, but is now $800.00 this account has went from collection agency to agency, I have even called Helig Meyer trust to discuss the defective product. Now Mitchell N. Kay has the account I contacted they about verification of the account they guy got upset and hung up and said I know the bill is mine and I need to pay it.and I am still not paying. First it may be pass my statute of limitations and they sold me junk because they knew they were leaving. I am currently seeking a lawyer for help any suggestion?
scam artist
I got a call no letter for a debit that I had removed 15 years ago as it we wrong then. Someone had stolen my identity and got a credit card. It was removed long ago. The debit is for a supposed 216.00 from 1990... I was barely 18..
I actually did the wrong thing and argued and argued with them I find what they are doing highly unethical.
what to do?
I would send them a full cease comm letter telling them to FOAD
I would send them a full cease comm letter telling them to FOAD
Mitchell N. Kay letter
I also got a letter from Mitchell N. Kay saying they had a creditor: RJM Acquisitions LLC, assignee of Wells Fargo claiming I owe them $761.00. They are offering to settle for a lower amount, but I don't even have a Wells Fargo account! The FIRST thing I did was to look them up on the internet and found a lot of dirty dealings, so I've wrote the DV letter and sent in certified. Interesting thing: when confirming the delivery, it says it was re-routed from NY to Fort Mill, SC. Hmmm, they don't even accept mail at the address on their letter? I'm clear out in Washington State. Does anyone know if they have a presence in SC or WA?
Here's a link to Bud Hibb's: http://www.budhibbs.com/debtcoll
Here's a link to Bud Hibb's:
http://www.budhibbs.com/debtcollectorpages/kay_mitchell_n_pc.htm
MmmmKay scummmmbag
Mitchell N. Kay
Mitchell N. Kay are trying to get my account information to settle a debt but I have not received any letter or documentation as to why they are calling me. They just want my bank information over the phone. That doesn't sound right or legal to me. What do you all think?
Don't ever give out bank information!!!! I'm dealing with th
Don't ever give out bank information!!!!
I'm dealing with these douchebags right now, one out of 3 debt collection agencies I'm working with at the moment [the others being Asset Acceptance LLC and Midland Credit Management. I know, I get all the great ones!] They sent me a letter the beginning of this month, stating i owed over 400.00 for a T-Mobile account. Granted, i did default on this, as well as the amount owed seemed right, so i wrote them a counter settlement offer. It was to be for half the amount, as well as any derogatory remarks on my credit report deleted. I got a reply yesterday [3.30.09] saying they accept as long as i pay by 3.31! What seems strange to me is the little details they seemed to mesh in their acceptance letter:
Please be advised this office, in concurrence with the creditor, T-Mobile, formerly Voicestream, agrees to accept the amount of $213.43 in settlement of the above referenced account. This settlement is conditioned upon payment being received on or before March 31, 2009. [today!] As agreed, kindly make your PERSONAL CHECK via TELEPHONE payable to Mitchell N. Kay PC. Upon receipt and clearance of your payment, our client will have this account deleted from all major credit bureaus during their normal course of business.
The last lines were contact info if there were any questions. First, in my settlement letter, i never specified WHAT TYPE of payment i would use. I just said if they agree to the terms and i get an acceptance letter of those terms, i would pay them within 5 business days. They send this letter 3.25, when i sent them my letter 3.11, asking for payment ON OR BY 3.31. That is NOT 5 business days. They mentioned their client's account would be deleted from my credit report, but does that mean any comments on it will be deleted as well? So today i've been trying to call the "main" number, in order to get some info behind the scenes. I blocked my phone number, and the first time i called i asked what methods of payment their agency accepts. The woman on the phone ran down the list; "major credit cards, checks, and so on." She then asked if i had an account with them, and i just replied i merely wanted to know which payments they accept. Two hours later, i call back. I get a guy this time, and he spoke so fast i was unable to get his name. I asked him to repeat it and he just asked "how can i help you". I asked if i pay with a different method, other than a personal check as the letter i received stated, would that be voiding the contract as well as the terms agreed upon? This guy asked for my reference number and muttered something regarding permission to do so, or something. I asked him to repeat that, because i couldn't hear him, and he said "give me your reference number. Please." I hung up on him.
Apparently they are tight lipped unless you're hand feeding them information, which they could most likely use against you if legal action were to ever come about. I am completely against giving a personal check number away; i've done some research on these guys and they are really shady. The last thing i need is to think i've paid them the settlement amount, and they've gone into my account and taken the full amount owed. I don't mean to go on and on, I just want people to realize the little details these creeps are trying to sneak past you.
Also, I read above that your return receipt came back to you and it said Fort Mill, SC? I also received the same thing! I wrote to both the addresses given on their letter, though. One, going to Penn Plaza in Manhattan, went through perfectly fine and that???s the same place I received this shady confirmation letter. The other, to Smithtown, NY, was rerouted to Fort Mill, SC. I got that the same time I got the letter from them, so I really didn???t care. I???m really debating whether I want to pay these crooks now; if I do I am paying them with a certified check. I???ll be assured they???re getting the amount we agreed on, as well as the rest of my money being secure in my PERSONAL bank account. It wouldn???t be personal if someone else knew about it!
scum at Mitchell N. Kay
877 604 4371, Mitchell N. Kay
Won't get a dime from me. I'd rather pay the original creditor (if) I owe them anything. According to my newest credit report (730 middle score) I currently owe nothing.
These people are scum