Jacqueline
Hammond,#2Consumer Suggestion
Thu, February 26, 2004
You have Rights under the Fair Debt Collection Practices Act. They could very well be in violation of those Rights, based on the experience you are describing. Let me specify what types of harassment are prohibited, which might be applicable to your situation: 1-Use of obscene or profane language 2-CALLING ON THE PHONE REPEATEDLY OR CONTINOUSLY WITH INTENT TO ANNOY, abuse or harass any person at the called number. 3-Causing charges to be made to any person for communications by concealment of the true purpose of the communication, e.g., collect telephone calls. You might also be subject to misrepresentation and deception: 1-The false representation or implication that the debt collector is vouched for, bonded by or affiliated with the United States or any State. 2-Falsely representing the amount of debt. 3-Adding unauthorized charges to debt. The addition of interst, attorney's fees, collecetion charges, and other similar items should be examined carefully 4-Threatening to take action that cannot legally be taken or that is not intended to be taken, like threatening to tell the Internel Revenue Service, when a debt is not forthcoming (or damaging your Credit Report) Did you get a WRITTEN NOTICE within 5 DAYS OF THE FIRST PHONE CALL? If so, that notice has to: 1-State the amount of the debt 2-The name of the creditor to whom the debt is owed 3-and an explanation of how to dispute the debt. Your Report did not mention this, which means they could be in further violation of the law, and you have the right to seek legal advice, and place a lawsuit against them. If they didn't, then they really might be in a s**t load of trouble. I strongly advice you to seek professional legal councel. The information I am sharing is NOT a supplement for legal advice. I am discussing our Rights as American Citizens, because we have to know what we are responsible for and entitled to under Federal and State laws. You have the right to sue the collector in State or Federal Court WITHIN ONE YEAR OF THE VIOLATION. You may receive up to a $1000 statutory damages, any actual damages, plus attorney's fees and court costs. Don't take too long on this one. The Actual Damages are APPLICABLE in your situation. These include MENTAL DISTRESS and damage to credit. This would differ in a Class Action Lawsuit. I think you should just file independently, but it's your decision. Save copies of ALL written notices, and any documentation. Save all voice mail messages, record phone conversations on tape if you can. Record them onto a cassette. Make careful notes of your discussion, what it is about, and who you are talking to, and what they say. Like that phone conference with Bank of Amercia. You also need to dispute IN WRITING through a certified signature required letter, or fax that leaves you with a reciept, the charges and all inaccurate statements recieved from the debt collector. Always send a signature required letter after oral conversations, elaborating your dispute. Please, please, please find an Attorney. You can't let this one go. Make sure you find a good one, some are crooks. Share ALL documention with your Attorney, make sure they know you have a case. See if they will allow a "Pro Bono" commission, because of your disability and situation. I found this informaton at www.ftc.gov, and a more friendly laypersons version at http://edcombs.com/CM/Actions/actions108.asp The last mentioned is a law firms website. They specialize in defending people in this area, but I still recommend you find an Attorney you know, and trust locally. I didn't give you the full documention. (aren't you glad? I bet the ED is) I just extracted what appears to be applicable for you. This can all be reviewed at your local library, ftc.gov (Federal Trade Commission) online cost free, if you want to see those sources for yourself. You can visit that site at www.edcombs.com if you want the whole enchilada. Please, please get back to us on how this turns out, or if something is unclear with the information given, and sorry to hit you over the head with such a long Rebuttal, but this important. Don't let them get away with it!