WRONGNUMBERINSANITY
Cypress,#2Author of original report
Tue, November 17, 2009
Well :/ I already sent the letter, but thank you for your reply.
I also - filed a complaint with the BBB and the FTC.
I have made copies of this complaint, my letter sent to the company, a copy of the certified receipt, copies of all my complaints, copies of everyone's complaints I found about this company claiming similar situation along with a letter all to my congressman and a municipal court attorney/Judge in my district.
The USPS allowed me to send the letter to the company with my name c/o my congressman's name, and the return address is his office!
So thankfully they will NOT have my address when they receive this cease and desist letter, and sign for it, or if they'd like to refuse to sign it, will be returned to his office :)
I really dont care about $1,000 penalty - but if they DO contact me again, I am looking for a new hobbie ;) I will make it my goal to find every person who's been harassed by them, gather as much information against them to file a lawsuit as needed - tenaciously have their business license revoked if they have one?!? and will be most willing to aid karma in having these out of control unprofessional employees of this debt agency out of work!! and the debt collection agency will be the one in debt.
If they EVER contact me again - they will surely realize they have harassed and threatened the wrong person, and most certainly learn who I am.
Thank you :)
Robert
Buffalo,#3Consumer Suggestion
Tue, November 17, 2009
DO NOT send what John advised, they will laugh themselves silly.
"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"
There is no need for the silly "time stamped" crap. They will know that you can prove they received it because you should send the letter certified, return receipt requested. Also, there is NO "$1000 per incident penalty" stipulated in the FDCPA. It's up to $1000 in statutory damages.
You should send them a certified return receipt requested letter demanding that they stop contacting you because it is not your debt and you DO NOT HAVE ANY KNOWLEDGE of the person they are searching for. Further you should explain ALL that you have endured by them and make a clear statement, something to the effect that any further contact by them, looking for this person will be considered a deliberate violation of the Fair Debt Collections Practices Act and a deliberate attempt to harass and cause you emotional harm-distress. You might wish to mention how their contact distresses you, nervousness, insomnia, anger, frustration, time wasted, etc.
You purpose is to have them stop calling you and to set the stage for a lawsuit against them in District Court if they are fool enough to contact you again searching for this person.
IF they contact you again AFTER they have received your letter, simply look in the yellow pages for an attorney in your area that SUES collection agencies. You shouldn't have any trouble finding one who will take the case on a contingency basis (you will still have to front the filing costs.)
Good luck.
Robert
Buffalo,#4Consumer Suggestion
Tue, November 17, 2009
DO NOT send what John advised, they will laugh themselves silly.
"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"
There is no need for the silly "time stamped" crap. They will know that you can prove they received it because you should send the letter certified, return receipt requested. Also, there is NO "$1000 per incident penalty" stipulated in the FDCPA. It's up to $1000 in statutory damages.
You should send them a certified return receipt requested letter demanding that they stop contacting you because it is not your debt and you DO NOT HAVE ANY KNOWLEDGE of the person they are searching for. Further you should explain ALL that you have endured by them and make a clear statement, something to the effect that any further contact by them, looking for this person will be considered a deliberate violation of the Fair Debt Collections Practices Act and a deliberate attempt to harass and cause you emotional harm-distress. You might wish to mention how their contact distresses you, nervousness, insomnia, anger, frustration, time wasted, etc.
You purpose is to have them stop calling you and to set the stage for a lawsuit against them in District Court if they are fool enough to contact you again searching for this person.
IF they contact you again AFTER they have received your letter, simply look in the yellow pages for an attorney in your area that SUES collection agencies. You shouldn't have any trouble finding one who will take the case on a contingency basis (you will still have to front the filing costs.)
Good luck.
WRONGNUMBERINSANITY
Cypress,#5Author of original report
Tue, November 17, 2009
Thank you very much - I will do this this morning :)
John
Louisville,#6Consumer Comment
Tue, November 17, 2009
Send the collection agency a letter via Certified Mail + Return Receipt (do not use regular mail) stating:
Per the Fair Debt Collection Practices Act, I am requesting that you cease all communications with me about this alleged debt. This is not my debt. 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