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  • Report:  #284726

Complaint Review: Ocwen Loan Servicing LLC

Ocwen Loan Servicing, LLC Violations of the FDCPA Orlando Florida

  • Reported By:
    Clearwater Florida
  • Submitted:
    Wed, November 14, 2007
  • Updated:
    Thu, November 15, 2007
  • Ocwen Loan Servicing, LLC
    12650 Ingenuity Dr.
    Orlando, Florida
    U.S.A.
  • Phone:
    866-218-3884
  • Category:

I received several automated messages from this company stating it was "reqarding important personal information..." and "to press any number on the key pad to reach an agent.." and that "it is important that someone from this number return my call..." and gives days an times to call a toll-free number. When we received another call from this comany, my wife followed the instructions, pressed any number and got a representative, who then proceeded to tell her that it was for for a bill that I owed from 1989 and asked her how she would like to pay the bill. My wife told them that she did not even know me in 1989 and had no knowledge of this bill. They continued to insist that the bill is to be paid and my wife finally got fed up and hung up on them.

I then received a 'dunnig' letter from them a couple of days later to which I followed up with a certified letter for them to verify that I owed this bill, provide copies of any papers proving that I aggreed to pay what they say I owed, provide me with license number and registration in the State of Florida and prove the statue of limitations had not expired for this account. I also included that no telephone contact be made to my home or place of employment, including but not limited to computer generated calls, that it would be considered harrassment according to the Fair Debt Collection Practices Act (FDCPA).

I have received confirmation that they received my leter on October 30, 2007, but they have called at least twice since then and still have not responded in writing.

So far, this company has comitted at least three (3) violations of the FDCPA, one violation for devulging information to a third party (Section 805 paragraph b) when they told my wife about the amount owed and date of the bill (1989) and two counts of Ceasing Communication (Section 805 paragraph c) when they kept calling. The last time they had called, they did not even leave a message.

I am now at the point of seeking legal action against this company and filing complaints with the Federal Trade Commission and The Attorny General for the State of Florida about these violations. I would think that there are other people that this company has done the same to them; so, this could become a class-action law suit. I would appreciate any information on any pending litigation against this company for the same violations of the FDCPA, or anyone that has had simular problems with this company or any other helpful information that may help me in this matter.

Thank You.

James
Clearwater, Florida
U.S.A.

1 Updates & Rebuttals


Tim

Valparaiso,
Indiana,
U.S.A.

Forget the class action

#2Consumer Suggestion

Thu, November 15, 2007

First, ditch the class action idea. Class actions stink for the most part.

Second, figure out whether this is the original creditor, or whether it's a collection agency. If it's the original creditor, the FDCPA is largely inapplicable.

If it is a collection agency, file a small claims action in your local court alleging the violations of the FDCPA that you have outlined. Ask for damages representing emotional distress and embarassment in the jurisdictional maximum of the small claims court.

After your complaint is served on Ocwen, contact Ocwen and let them know that you will dismiss your complaint in exchange for a payment of $1,000 plus the costs of filing the small claims action and an agreement to discontinue collection efforts.

That's what I would do.

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