Risk Management Alternative Debt Collectors..Threatening Me for the last time *Consumer Suggestions
This company RMA called me at work today, and literally threatened me, stating that, because they felt I wasn't taking them seriously, that they wanted to speak to the Human resources dept. to fill them in on a debt that I have with American Express.
Today being the first time that they had ever spoken with me, I stated that I could not have phone calls that weren't business related( physicians, MD offices, labs etc.)and that they could reach me at home. The caller, a Ms. Yolanda Hinton, then demanded to speak to my HR person. I naturally refused, and told her not to threaten me, at which time she stated "Don't you dare tell me what and what not to say! How's that!!" At that time, I asked her name which she very sarcastically spelled out, and I also asked her supervisor's name, which she stated to be a Ms. Dot Kutler. She never did take my home phone number after I offered it for the second time, after which point I did write their number down merely to get off the phone before they were able to humiliate me at work.
When I hung up the phone my hands were shaking in anger, and I was able to go someplace where I had a little privacy. I called them back, Ms. Hinton answered the phone, and asked "Did you want to speak to my supervisor now?" At which time a man by the name of Frank got on the phone, and went on to tell me that they can call whenever and whoever they want(in regards to the HR dept), and use whatever tactics they want to secure the debt.
He also went on to tell me that I was wasting their time complaining, and that I could be giving them my checking account info by phone and have it over with. If anyone has any further info re. this company, please e-mail me. I have never been spoken to the way I was today, and don't intend to settle for it. This is the first of many E-mails, letters etc.,My name will be a permanent one in all of their minds. By the way, Frank was the man I spoke to.18005791549.x5811
2 Updates & Rebuttals
..just a consumer like the rest of us.
#30
Fri, January 18, 2002
They filed the following to the above Rip-Off Report:
Their email: Bob@Bob-Christian.com
Their name: Bob Christian
Their relationship to the company: Consumer Suggestion
Rebuttal:
Might I suggest that any consumer having a problem with a debt collection agency familiarize themselves with:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
I worked for a national collection agency and several private
firms(finance companies, department stores, etc) while putting myself through college. I have not been an agent for ~8 years. The laws have changed.
If you feel that a debt collection company has violated your rights and continues to do so, DOCUMENT EVERYTHING, REREAD THE FDCPA, CONTACT AN ATTORNEY, CHECK LOCAL LAWS on collections, and ask your attorney whether or not you should file a complaint with the State Attorney General's office for 1) The state the debt was "made", 2) the state the debt is being collected from, and 3) the state in which you reside.
I worked with family and friends on several occasions to secure fines from the two State Attorney General's offices in the amount of $1000 per violation.
Additional penalties were assesed, and in one case the collection agency had to quit using their letterhead. That, I can guarantee, cost them a pretty penny! Imagine being a business that is collecting for a national finance company, sending thousands of letters on letterhead and pre-printed envelopes daily and all of a sudden have your supply of those
letterheads and envelopes deemed ILLEGAL. The envelope was from an Indiana collection agency and only had a P.O. box on the return addres. That is a BIG no-no. It also had an Eagle with arrows and the word "Federal" in it. Several Indiana agencies have Federal in them, but they can't associate themselves in any way with the Federal Government.
Bankruptcy lawyers are usually very knowledgeable with collections. In some cases they may have filed suits against collection agencies for "harrassment" or contacting the debtor after they notified the agency they had an attorney. Again, read the FDCPA and always look to an experienced attorney for legal advice.
I AM NOT AN ATTORNEY AND I AM NOT QUALIFIED TO GIVE LEGAL ADVICE, just a consumer like the rest of us. Again, if you have any questions, contact an attorney or the State Attorney General's office.
Regards,
Bobby J. Christian II
computer geek, former collections agent
I used to be a bill collector for many years, let me educate you, I think you'll be glad I did.
#30
Tue, December 11, 2001
They filed the following rebuttal to the above Rip-Off Report:
Their email: pelemissk@hotmail.com
Their name: Pele
Their relationship to the company: Consumer Suggestion
Rebuttal:
I used to be a bill collector for many years, let me educate you, I think you'll be glad I did.
First, the ones that scream the loudest have the least clout when it comes to doing anything to you. This is a case where the squeaky wheel DOES NOT get the grease.
Second, by law a third party collection agency is only allowed to call you ONCE every seven days after they've spoken with you, even if you say, "Yes, this is Mr. X" and then hang up the phone. They MUST wait 7 days before they call again.
Third, by law a third party collection agency MUST cease ALL communication with you at your place of employment if you tell them that you are not allowed calls there. If they call you again, document EVERYTHING. Time, the name of the person you spoke to, etc. Because you, my friend, now have grounds to sue the individual collection agent for up to $1k and the company for as much money as your lawyer can get.
Fourth, if you send them a 'drop dead' letter they MUST cease ALL
communication with you regarding this debt. Under the Fair Debt
Collection Practices Act if you notify the collection agency in writing (send it certified, you need to be able to prove they actually got it) they MUST stop contacting you via all methods, no exceptions.
Fifth and most important, they are not allowed to discuss this debt with ANYONE other than you and that includes your HR department or boss or ANYONE. If they do you get to sue.
Don't let them scare you with their loud voices and empty threats. They can't legally do a damned thing to you. They can't send you to jail, they can't take your house or other property (and threatening either is grounds for a lawsuit as well!), all they can do is annoy you and take you to court if the debt is high enough. Chances are unless it's in the tens of
thousands of dollars range then it isn't high enough.
Collection agencies buy your debts for pennies on the dollar from creditors. They know they won't collect on the majority of those accounts, but it's worth it for the few they do collect on. They're not about to go to the added expense of taking you to court unless it's an outrageous amount of money you owe.
It's much cheaper and easier to pay uneducated trash 7.00/hr to call and bug you to death until you pay.
Good luck,
Pele