Today, 8/17/09, I received a call from someone with an accent claiming to be a Carl Johnson. He said he was with a law firm out of Los Angeles named Excel Law Group.
He accused me of receiving a loan from Cash Net Express that I never paid back. He let me know there would be police at my door in the morning to arrest me because I had never paid this loan back.
First of all, I had never even heard of Cash Net Express before his phone call today. I have never had a payday loan through them or any other dealings with them. The number he called me from was 941-961-8518.
It is a Verizon wireless TN from Sarasota Fl. I have contacted Verizon about this and will be calling my local police department to see what I can do about this.
Robert
Irvine,#2
Tue, August 18, 2009
While the information is good on the FDCPA, it is useless with these people. This is a well known scam. They are not going to care about any debt validation, or cease and desist letters. Because even if they do violate the FDCPA, as you found out they are calling from a cell phone. Even though it is a US number, it is doutful that they are in the US.
Verizion may actually cut off the phone, but since these people buy "throw away" phones, they will just continue with a new number. Because their M.O. is to scare the person into paying them money right then when they call.
The best way to handle these people is to let them know you have already talked the police gave them all of the information and know it is a scam. Generally once they figure out you are not going to pay they will move on.
ReactorCore
Victoria,#3
Tue, August 18, 2009
Bona fide collections agencies are bound by laws that limit what they may and may not do in dealing with a debtor. These laws are contained in the Fair Debt Collection Act.
First thing's first, they are NOT allowed to threaten you with the sending of law enforcement. Nor are they allowed to present themselves as representatives of any arm of law enforcement.
Another thing you can (and should) demand from them is "proof of debt". They must supply this at your request. If they're legit, they'll have paperwork to substantiate their claim that they are collecting on behalf of the business that has handed over your account for collections. Do not take "no" for an answer!
If they are unwilling, unable or claim to have "lost" the paperwork, send a cease and desist letter after getting a physical mailing address of the collection agency offices (if they exist). Send it via registered mail that must be signed for by the recipient at the time of delivery. After this, they must stop contacting you via phone, at the workplace, etc., and to do so is a breach of the C&D and is actionable in a court of law.
Their next step is one of two things; send the debt back to the original creditor to deal with or escalate the issue to the legal arena.
If it's a scammer, you'll never hear from them again.