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Rincon Management Services Abusive debt collection practices Corona, California
This company has been robo-calling my home for the last several months claiming that they are about to go to court on a 6 year old debt that my wife reportedly owes from before we were married, plus interest. I found out last week that they have also been calling my dad (who lives 4 hours away and whom I'm named after) and he gave them my name and number, but they apparently don't care that they keep calling the wrong person. They actually threatened to serve HIM with papers on the matter! He called me in a panic (he's 77 years old) thinking it was a law office and he was going to be served if I didn't contact them in the "two hour hold" on the process that they were so generous to offer him.
So I tried calling initially myself, and they tell me that I have to have my wife on the line to be authorized to speak on the matter. Then later I call with her on the line and the first person I talked to said he couldn't even access the file. I told him that my dad said he was going to get served with papers in another 30 minutes and he can't even open the file? He put me on hold and their so-called "legal case manager" came on the line. I told her she needed to send me notice in writing of what we owed and with whom. She refused. She was very rude and didn't want to hear anything I had to say. So I told her that we can just sort it out in court, at which point she said the summons will be there soon and hung up on me.
I'll post an update if they follow through on their threat of legal action, but 2 two business days and counting and no summons yet. We'll see.
4 Updates & Rebuttals
nocturtle
Austin,Texas,
USA
Never got served
#5Author of original report
Wed, June 29, 2011
4 months and counting and no summons. These people will bully you by phone, put you on hold to "find out if we can make arrangements" for a payment plan, during which they're probably talking to nobody and just taking a drag of a cigarette. If you disagree they will be rude and say they're going to serve you and to get ready. But what they really want is for you to call back in a panic and agree to meet their demands.
You have to understand their business model: they buy several year old debt for pennies on the dollar, in most cases way past the statute of limitations, calculate out all the interest and claim you owe all that money now. If only one person of hundreds pays then they've made back their initial investment and then some. In many cases they are breaking the law by contacting family and making these demands.
BRENDA
MYERSTOWN,Pennsylvania,
United States of America
Same Problem With Me!
#5Consumer Comment
Thu, June 23, 2011
Your story is so much Like Mine! They have called my elderly parents who live 2-1/2 hours away. My parents are so worried and I have been too.
So you havent heard anything still?
Joseph Brown
Spartanburg,South Carolina,
USA
Scam collecters
#5Consumer Comment
Tue, March 01, 2011
Do not send these people any money! They've bought paper from somebody for cents on the dollar and are trying to scam you or your father. They can't have you or any family member arrested because it's a civil matter not a criminal matter. If they call again, tell them to be very careful what they say as you're recording them. I did it to a company and have not been called by them in over a year. I didn't and don't own a recorder, but it worked anyway.
John
Louisville,Kentucky,
U.S.A.
RE:
#5Consumer Comment
Tue, March 01, 2011
This debt may be time barred so do would not have to be paid back:
Credit card debts become time barred after a certain # of years have passed. This is called the statute of limitations. This time period varies for each state. Google: statute of limitations
If the # of years since your last payment is greater than the time period listed for your state, then the debt is time barred.
Examplde: Mary lives in California and defaulted on an AMEX card and last made a payment in Jan. of 2006.....5 years ago. The Statute of Limitations in Calif is 4 years, so this debt is outside the Statute of Limitations and is time barred. If her creditors took her to court they would loose, assuming she showed up and used the Statute of Limitations as a defense. Once this time period is up, creditors become legally powerless over you. All they can do is call and annoy you into paying.
At this point you can send a Cease Communications letter and be done with them: http://www.budhibbs.com/cease_comm.htm
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Never assume that any legal threat for debt collection is a real legal threat. Debt collectors LOVE to pretend that they are (or work for) attorneys to scare you into paying and to get your checking account numbers. There's a quick way to fine out. Next time they call and make a legal threat, ask for the full name of their attorney and their license number in the state bar association. If they refuse to give this info to you, then the legal threat is bogus
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When a debt collector first contacts you, you have rights under a federal law called the Fair Debt Collection Practices Act. Your first step should always be to request validation of the debt. Even if the debt is valid, request validation anyway. Send them a letter via Certified Mail + Return Receipt (do not use regular mail) stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, to a copy of the original signed contract with my signature. I cannot respond to your claim until validation in this form of a copy of the original signed contract with my signature has been presented.