TRS Recovery Services "unavailable Caller" to my cell phone day and night Internet
TRS somehow obtained my cell phone number and has been calling day and night for about a month now... Most of the time it must be an automatic dialing thing, but a week ago there was actually someone there, asking for someone named "Florida" something... when I told her I had that cell number for many years, and no one by that name was here... she gave me an 800 number to call and report the harrasement, but all that number gets you is a series of repayment tiers... no way to leave a message or talk to anyone live.
I sent them an email 12/27 asking them to stop calling, and then found this site. I have never been in debt collection and am sure I am not now as well.
Any recommendations?
Elliev
Plymouth, Minnesota
U.S.A.
8 Updates & Rebuttals
Robert
Buffalo,New York,
U.S.A.
Poor letter John
#9Consumer Comment
Sun, December 28, 2008
I don't know where you found this letter, but it needs some correction.
""Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations. ""
1. It is not necessary to mention that the receipt of the letter is provable. They know this because they have to SIGN for it.
2. There is NO "$1000 per incident penalty." What the FDCPA stipulates is statutory damages of $1000-that's per lawsuit, not per violation. What this means is that the consumer may be awarded UP TO $1000 (statutory damages) even if the consumer has NO ACTUAL damages. Additionally, the FDCPA allows for reasonable attorney fees.
3. The consumer needs to make it very clear that the entire debt is DISPUTED. This means that if they routinely report to the CRAs, then they must report that the debt is disputed. Further, by disputing the debt, the consumer is entitled to obtain a copy of their credit reports per the Fair Credit Reporting Act. Also, the FCRA puts a time constraint on them, they MUST resolve that the debt is valid or instruct the CRAs to REMOVE the credit line from reports. Also, the consumer needs to demand copies of any and all documents that cause them to believe the debt is owed by the consumer. Finally, the consumer needs to stipulate that only WRITTEN communication is allowed and that any further telephone calls will be considered deliberate acts of harassment and willful violations of the FDCPA.
The cease communications demand gives them an excuse NOT to mail supporting documentation to the consumer. It is important that the consumer DISPUTE and DEMAND VALIDATION of the debt. These demands set the stage for removal of this credit line from credit reports and for damages in civil court.
""Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.""
Ridiculous! The next time they call after receiving the dispute letter that also demands WRITTEN communication, file suit against them in the nearest District Court. The consumer should have no trouble finding an attorney to represent him/her.
Robert
Buffalo,New York,
U.S.A.
Poor letter John
#9Consumer Comment
Sun, December 28, 2008
I don't know where you found this letter, but it needs some correction.
""Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations. ""
1. It is not necessary to mention that the receipt of the letter is provable. They know this because they have to SIGN for it.
2. There is NO "$1000 per incident penalty." What the FDCPA stipulates is statutory damages of $1000-that's per lawsuit, not per violation. What this means is that the consumer may be awarded UP TO $1000 (statutory damages) even if the consumer has NO ACTUAL damages. Additionally, the FDCPA allows for reasonable attorney fees.
3. The consumer needs to make it very clear that the entire debt is DISPUTED. This means that if they routinely report to the CRAs, then they must report that the debt is disputed. Further, by disputing the debt, the consumer is entitled to obtain a copy of their credit reports per the Fair Credit Reporting Act. Also, the FCRA puts a time constraint on them, they MUST resolve that the debt is valid or instruct the CRAs to REMOVE the credit line from reports. Also, the consumer needs to demand copies of any and all documents that cause them to believe the debt is owed by the consumer. Finally, the consumer needs to stipulate that only WRITTEN communication is allowed and that any further telephone calls will be considered deliberate acts of harassment and willful violations of the FDCPA.
The cease communications demand gives them an excuse NOT to mail supporting documentation to the consumer. It is important that the consumer DISPUTE and DEMAND VALIDATION of the debt. These demands set the stage for removal of this credit line from credit reports and for damages in civil court.
""Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.""
Ridiculous! The next time they call after receiving the dispute letter that also demands WRITTEN communication, file suit against them in the nearest District Court. The consumer should have no trouble finding an attorney to represent him/her.
Robert
Buffalo,New York,
U.S.A.
Poor letter John
#9Consumer Comment
Sun, December 28, 2008
I don't know where you found this letter, but it needs some correction.
""Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations. ""
1. It is not necessary to mention that the receipt of the letter is provable. They know this because they have to SIGN for it.
2. There is NO "$1000 per incident penalty." What the FDCPA stipulates is statutory damages of $1000-that's per lawsuit, not per violation. What this means is that the consumer may be awarded UP TO $1000 (statutory damages) even if the consumer has NO ACTUAL damages. Additionally, the FDCPA allows for reasonable attorney fees.
3. The consumer needs to make it very clear that the entire debt is DISPUTED. This means that if they routinely report to the CRAs, then they must report that the debt is disputed. Further, by disputing the debt, the consumer is entitled to obtain a copy of their credit reports per the Fair Credit Reporting Act. Also, the FCRA puts a time constraint on them, they MUST resolve that the debt is valid or instruct the CRAs to REMOVE the credit line from reports. Also, the consumer needs to demand copies of any and all documents that cause them to believe the debt is owed by the consumer. Finally, the consumer needs to stipulate that only WRITTEN communication is allowed and that any further telephone calls will be considered deliberate acts of harassment and willful violations of the FDCPA.
The cease communications demand gives them an excuse NOT to mail supporting documentation to the consumer. It is important that the consumer DISPUTE and DEMAND VALIDATION of the debt. These demands set the stage for removal of this credit line from credit reports and for damages in civil court.
""Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.""
Ridiculous! The next time they call after receiving the dispute letter that also demands WRITTEN communication, file suit against them in the nearest District Court. The consumer should have no trouble finding an attorney to represent him/her.
Robert
Buffalo,New York,
U.S.A.
Poor letter John
#9Consumer Comment
Sun, December 28, 2008
I don't know where you found this letter, but it needs some correction.
""Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations. ""
1. It is not necessary to mention that the receipt of the letter is provable. They know this because they have to SIGN for it.
2. There is NO "$1000 per incident penalty." What the FDCPA stipulates is statutory damages of $1000-that's per lawsuit, not per violation. What this means is that the consumer may be awarded UP TO $1000 (statutory damages) even if the consumer has NO ACTUAL damages. Additionally, the FDCPA allows for reasonable attorney fees.
3. The consumer needs to make it very clear that the entire debt is DISPUTED. This means that if they routinely report to the CRAs, then they must report that the debt is disputed. Further, by disputing the debt, the consumer is entitled to obtain a copy of their credit reports per the Fair Credit Reporting Act. Also, the FCRA puts a time constraint on them, they MUST resolve that the debt is valid or instruct the CRAs to REMOVE the credit line from reports. Also, the consumer needs to demand copies of any and all documents that cause them to believe the debt is owed by the consumer. Finally, the consumer needs to stipulate that only WRITTEN communication is allowed and that any further telephone calls will be considered deliberate acts of harassment and willful violations of the FDCPA.
The cease communications demand gives them an excuse NOT to mail supporting documentation to the consumer. It is important that the consumer DISPUTE and DEMAND VALIDATION of the debt. These demands set the stage for removal of this credit line from credit reports and for damages in civil court.
""Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.""
Ridiculous! The next time they call after receiving the dispute letter that also demands WRITTEN communication, file suit against them in the nearest District Court. The consumer should have no trouble finding an attorney to represent him/her.
John
Louisville,Kentucky,
U.S.A.
re:
#9Consumer Comment
Sat, December 27, 2008
Step One:
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations.
Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
John
Louisville,Kentucky,
U.S.A.
re:
#9Consumer Comment
Sat, December 27, 2008
Step One:
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations.
Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
John
Louisville,Kentucky,
U.S.A.
re:
#9Consumer Comment
Sat, December 27, 2008
Step One:
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations.
Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.
John
Louisville,Kentucky,
U.S.A.
re:
#9Consumer Comment
Sat, December 27, 2008
Step One:
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This debt does not belong to me. This letter is being time stamped via Certified Mail and I can confirm receipt. I will pursue each subsequent phone call from your office with a $1,000 per incident penalty for Fair Debt Collection Practices Act violations.
Step Two:
Next time they call, read the following statement:
Pursuant to [your state] state law, this is to inform you that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Pursuant to [your state] state law, continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practice Act violations in a court of law.