harrassment recorded, he said yes, thought I was bluffing

[asel]

What is the name of your state? Fla. Received some funds prior to a final P/I settlement, I divied it out between 9 creditors, 7 out of the 9 were happy to work me. The other two and I'll use the worst one demanded that the payment in the amount of $300 be made over the phone, I told him that I do not give out banking info over the phone and was sending the check certified return receipt mail. He went ballistic on me, told me he would not accept any payment unless I gave it to him over the phone. I told him this was an attempt to pay on a debt ($1900.00) He had originally agreed to accept that along with payments until our final settlement. He threatened to sue and I told him that if he sued me that I would make arrangements with the court to pay it. He said he was going to tape me and to say that again, heard a beep, asked him if I had permission to tape him, and he said sure, then went ballistic on me again, talking over me and yelling while the whole time I was saying that I am trying to make arrangements to pay this debt, got it all on tape along with his name and him bragging that he was the manager. Soo, I plan on sending the payment anyway along with a letter. My only worry is that I get sued before the final settlement check comes ( 2 to 3 months) will that recording be of any help if they sue before our final settlement? I plan on sending monthly payments due to the fact I have just gotten employed. Also did the collector break the law in what I "think" is called the Fair Credit act?

 

[Ladynred]

Yes, he tromped all over the Fair Debt Collections Practices Act (FDCPA) with his verbal abuse. Any threats he made are also violations.

You could definitely use the tape in a suit against the CA as well as for complaints to the FTC (they just love tapes like yours !), your state Attorney General's office, the BBB, and heck, throw in a complaint to the ACA (www.acainternational.com). Plenty of people have got some good results lately with complaints to the ACA !

 

[asel]

Thank you Lady

You have helped out in the past. I owe debts (credit cards)due to an accident, and I have all intentions of paying them all off, and will be able to. I wrote on the check "payment" and will be followed in $30 a month payments till final settlement gets to me". I realize that they do not have to accept the payment unless in full, but at least I am making an attempt. I behaved myself completely while the recording was going, the only time I was raising my voice was during the time he was yelling over me as I was repeating over and over that I was attempting to pay on a debt. Again, thanks sincerly. PS, the other not so nice collection agent with another company also wanted my personal banking info, I told him the same thing as the above collector, he yelled at me and said I was being rude to him that I did not trust him enough to give him my banking info over the phone and then hung up on me. Go figure!

 

[asel]

Update/ called the FTC

Hi, I called the FTC this morning and expected to get a recording but got a real live person to speak to. I told the person I wanted to file a complaint but was unsure if the situation added up to a true violation. I explained everything that happened, one thing that I left out of the original post above, the last thing the ca said was that I had 72 hours and he wished me luck. I was told it was definately a legitimate complaint, she took down all the info on the company and all my contact info. Then gave me a reference number. I was soo burnt out after explaining it all, I forgot to ask what happens next? Will someone contact me from the FTC?

 

[GambbittPA]

OH yea

Hey

I am in the collections business and and fairly familiar with the FDCPA (fair debt collection pratices act) you can sue the CA for a thousand dollars for each violation of the act in small claims court at your local magistrate with your tape you are sure to win. Also if they keep it up they may end up owing you more money than you owe them!!! Good luck!

 

[JETX]

Ignore this idiot!!
Here are the errors in just this post of his:

"I am in the collections business and and fairly familiar with the FDCPA (fair debt collection pratices act) you can sue the CA for a thousand dollars for each violation of the act in small claims court"
*** No you can't. Here is the EXACT provisions of the FDCPA for violations:
Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
<snip>
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --
(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or
(2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional."

"with your tape you are sure to win."
*** Wrong again. I agree that the tape MIGHT be useful to show their conduct, but in re-reading the original post, I don't see anything that would rise to the level of damages.

"Also if they keep it up they may end up owing you more money than you owe them!!! Good luck!"
*** Again, pure folly.

I would suggest that this Bambie go back to 'debt collector school'. He clearly has NO idea of what he is trying to talk about.

 

[hexeliebe]

Remember Jet, this is the same Bigot who thinks because people don't speak and understand English well they should go back to the Third-World country from which they came.

And THEN he wants us to advise him on a case of Defamation...

First you have to have some character to defame