Law Offices Of Mitchell N. Kay False debt collection for a T-Mobile bill New York New York
I received a letter from the Law Offices of Mitchell N. Kay, informing me that my so-called debt to T-Mobile Wireless has been sent to collections. The letter/notice further stated that they are willing to settle the "actual debt" of $420.94 for a reduced amount of $120.94.
In review of the other reports that I have read regarding the same attempt to "collect a debt", and from the same company (T-Mobile), I have noticed that most people being contacted to settle their debts have never even owned a T-Mobile phone before. I, on the other hand, have. So, of course, it scared me, and I did (temporarily) believe that the claim might be true, to my surprise and without my knowledge of such.
A few days after having received the letter, I received a phone call at my place of employment. I briefly spoke with the woman who had informed me that my conversation was being recorded for accuracy. She went through her whole spiel, explaining that T-Mobile is willing to settle my debt, for half of what is supposedly owed, and even providing the date in which my phone was purchased, as well as the date that it was supposedly sent to collections. Now that's scary - how did they know the exact date in which my phone was purchased? (The date provided was accurate) I explained that I do not owe T-Mobile any debt, and that I was not going to settle anything.
She of course asked why I believe that I do not owe them anything. I explained the reason and she further went on to tell me that I need to draft a letter regarding my dispute/reason for not accepting T-Mobile's very generous attempt to settle, and that I should send the letter to the attention of the Customer Service Department at 7 Penn Plaza, Suite 1500, New York, NY. She also gave me a fax number of (212) 330-9668, to which my letter should be sent, and the reference number that I should be using on my correspondence.
Considering that all of my phone numbers are on the national do not call registry, and I have been receiving strange, long distance calls on my new cell phone, I decided to do a little research on the Law Office. The very first search results that came up were all negative comments, reports of theft/scams, and filings of class action lawsuits for similar situations/scams; this is the reason that I decided to file my own report.
What's more - the woman who called me wanted me to verify my home address. I told her that I WAS NOT willing to verify the address, as I had received the letter that they previously sent to me. She continued to push to get me to confirm my address, and I continued to remind her that if the address was incorrect, I could not possibly have received the letter. However, in her persistance, I believe I may have eventually confirmed, in an indirect, smart alec way. All I have to say now is that I am SO GLAD that I looked this company up before proceeding any further with ANYTHING.
Kristyn
Rancho Santa Margarita, California
U.S.A.
1 Updates & Rebuttals
Robert
Rochester,New York,
U.S.A.
Stop talking to them!!!
#2Consumer Comment
Tue, January 22, 2008
Send them a letter demanding they validate the debt.
Sample..
Date
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date
Re: Acct # XXXX-XXXX-XXXX-XXXX
This letter is being sent to you in response to a notice sent to me on (date). 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 demanded.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with 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;
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
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. 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
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.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, 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.
I am also demanding, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
Best Regards,
Your Signature
Your Name
By law, they must stop all collection activities until they validate the debt. Get yourself a copy of the FCRA and FDCPA. You can google them both.
STAY OFF THE PHONE!