Mccathy,Burgess & Wolf Collection Agency ripoff Cleveland Ohio
I recieved a phone from this company explaining that I owed an outstanding debit. So I proceeded to ask for what and how much. Since then I have made several payments, till I noticed that the balance was a little high.
So I contacted the original debitor and asked them what the balance was and surprising there was a 1071.00 difference. So I contacted Mccarthy burgess and asked what the difference was and no one could explain to me what the additional 1071.00 was for. So I contacted mccarthy & Burgess and asked them again what the difference was for, and still no explaination. All I heard was this is the total and thats it.
No explaination on any charges, no letters explaining what the additional charges are, NOTHING. How can a company wont you to pay a bill without explaining or sending a snail mail letter explaining the addtional charges. IS THIS LEGAL can they just call you up and say you owe this amount and you have to pay it? Isn't there any laws for this ?
When I called the individual at mccarthy and burgess the last time, this individual was fierce because I wonted to know what the additional charges are. All I heard is your gonna get sued , we're gonna sue.
Well #1 I'm in Pennsylvania and they are in Ohio. If they are barred in PA to do legal work it would surprise me. #2 accordingly to there website they are nothing but a collection agency. So I wonder as a consumer is there any legal action that I can do to stop this pr prevent this.
Darrell
New Oxford, Pennsylvania
U.S.A.
2 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
A few things
#3Consumer Suggestion
Thu, September 13, 2007
I have three things for you. Before I get into that, let me tell you to pay heed to Robert's statements above. He knows what he's talking about. Or he will, after I correct him (just kidding, Robert).
First, you ask "IS THIS LEGAL can they just call you up and say you owe this amount and you have to pay it? Isn't there any laws for this ?"
Yes there is a law for this! It's called the Fair Debt Collection Practices Act, or FDCPA. Under the FDCPA, a collection agency is not permitted to mischaracterize the amount or status of a debt. If they are claiming that you owe more than you actually do, then they are violating the FDCPA.
The FDCPA provides for actual damages (the amount the violation actually costs YOU), or statutory damages of $100 to $1000. The part that I like best, being an attorney, is that the FDCPA also provides for attorney's fees, meaning that, if you bring a successful FDCPA lawsuit, your opponent pays for your lawyer!
Second, you stated that an agent of the collection agency said that they were going to sue you. The FDCPA also prohibits a debt collector from levying legal threats that are not intended to be taken, or that are not allowed for under the law. So you may just have ANOTHER FDCPA violation on your hands.
Third, as to whether or not they can actually sue you in PA, this is kind of irrelevant. If they do decide to sue you, they will likely hire a local attorney who CAN bring a lawsuit against you. The relevant question is whether they are authorized to conduct business in PA. They probably are, but you might want to do some research into this just in case.
Best regards!
Robert
Buffalo,New York,
U.S.A.
Always dispute any debt claimed by a collection agency!
#3Consumer Suggestion
Fri, September 07, 2007
Unfortunately, you have reset the statute of limitations clock by sending them a payment. However, you may still dispute the debt or the balance of the debt.
Things to do:
FIRST - Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.
SECOND - send a certified letter, return receipt requested, to the DEBT COLLECTOR to dispute the debt and request written validation of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation or judgment, or name and address of the original creditor. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt validation information you have requested. In your case you want to clearly state that this is NOT YOUR DEBT and you should specifically ask for the following documentation:
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.
THIRD - Once you received the written validation information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.
It is important that communication between you and this debt collector be in WRITING! So, I wouldn't not talk to them, EXCEPT to obtain an address for sending a certified, return receipt requested letter to dispute and demand validation of this alleged debt.
Good luck