Ocwen Federal Bank ripoff - trying to collect phony debt on a closed credit card account Orlando Florida
I got a call out of the blue last week at home from a women quickly identifying herself from the "Federal Bank" and that they had made numerous attempts to contact me. She didn't even state the full name of the company. She proceeded to stated that the conversation would be recorded and they were seeking to collect $2000 on a debt that was seriously past dule and would be sent to federal courts if I did not comply immediately.
I questioned her as to what debt she was referring to. Once she said the name of the credit card company, I knew that her facts were incorrect. I knew that this particular account had been paid off over a year ago and I had requested that the account be closed. I immediatly told her that I did not have such an account and hung up.
On Saturday I received two letters from Ocwen Federal Bank. The letters stated that they had been trying to contact me for some time and if I did not comply and send the full payment within 30 days, legal court actions would be taken. I checked my file of letters that I had sent to this credit card company which confirmed payments made, that the account had a zero balance and that the account was closed.
ON Monday, I proceeded to copy the letter and attached a response back to Ocwen Federal Bank informing them that their facts were wrong, they would not receive any payments from me and any further contacts by phone or mail would be ignored. I also had a recent copy of my 3-credit report from the 3 credit reporting agencies. I attached a copy which only pertained to the account in question. The copy showed a zero balance on a closed account with all 3 credit reporting agencies.
On Tuesday,at 9:45 am I received a call at work from a man stating that he was from the 'Federal Bank' once again not giving the full name of the company. The phone number was blocked so when I looked at the phone, it just looked like I was getting a phone call forwarded to me. He proceeded to state that the conversation would be recorded and non compliance would result in legal actions. I asked him what this pertained to, and he hesitated before naming the same credit card company from the previous call I had gotten at home.
I proceeded to tell him that his information was incorrect and that I had sent a letter in response to prove that his information was incorrect. He kept talking and I hung up. Around 12:30pm he called again and once again I could not tell where the call looked like a forwarded call in the office. As soon as I picked up the phone he started telling me that I hung up on him before and that he had talked to his boss who gave him a a recent credit report to tell me that non response would result in reporting this on my credit report. I hung up immediatly. He called back twice after that and slammed the phone down in his ear.
After this I thought I would do a internet search on "Ocwen Federal Bank and scams"i. THis is when I found your Rip-Off report site with their name everywhere. After seeing this, I will ignore any future attempts to contact me via phone or mail. I'm glad I did a search!
Vernita
lanham, Maryland
U.S.A.
2 Updates & Rebuttals
Steve
Tucson,Arizona,
U.S.A.
You have rightsIf Ocwen hasn't sent you a copy of your Mini-Miranda" rights
#3Consumer Suggestion
Wed, March 23, 2005
If Ocwen hasn't sent you a copy of your Mini-Miranda" rights you already have a violation of the Federal Debt Collection Practices Act (FDCPA).
There are numerous boards on the internet where you can learn how to enforce FDCPA by filing suit against Ocwen and collect $1,000 for your trouble. I have already collected $10,000 from my ex-creditors for FDCPA violations.
The Federal Trade Commission has the text of FDCPA on their web site (www.ftc.gov). Also, pay attention to the "Staff Opinion Letters". While they are not law by themselves, they give a very reasonable interpretation of the law and how it should operate. On the message boards there are plenty of gurus who can provide you with case law concerning Ocwen's violations. Based on your post above, I spot the following violations:
1. Misrepresenting the legal status of the debt
2. Misrepresenting the true name of the creditor
3. Making threats they do not intend to carry out
My suggestion: Send Ocwen a letter that says the following:
1. You dispute the alleged debt.
2. You demand Validation of the debt.
3. They are not to contact you in any way except by mail.
Under FDCPA, once they recieve this letter (send it CMRRR) they are forbidden to call you. If they do, they owe you ANOTHER $1,000.
Richard
Santa Ana,California,
U.S.A.
Attempt to Validate Debt. Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them
#3Consumer Suggestion
Wed, March 23, 2005
Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail. Good Luck
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2002). 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.
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 respectfully 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;
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
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.
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 would also like to request, 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.
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,
Your Signature
Your Name