- Report: #277894
Complaint Review: Mitchell N. Kay Law Offices - New York New York
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Author Confirmed
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Mitchell N. Kay Law Offices
7 Penn Plaza New York, 10001-3995 New York, U.S.A.
Phone:
646-383-1481
Web:
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Mitchell N. Kay Law Offices Falsley claiming a debt is owed. Never had an account with said company. Won't stop calling. New York New York
This office called me a year or two ago for the same thing. I told them off then and the calls stopped. I have been getting more calls this last week and two this morning already. The moron on the other end of the line doesn't want to listen to anything you have to say. He just keeps asking for information. I have explained to him that we have never done business with the company in question. They don't want to listen. They just want you to pay.
I have sent a letter of dispute to this office as rewuested and they are supposed to sendme copies of the alleged contract. They haven't done this. I will not pay a bill I didn't make and they are not interested in proving anything, because they can't. There is no debt here. I am interested in joining a class action suit against this firm.
Put Mitchell Kay Law offices in your search engine. They are being sued as we speak for abusive and deceptive paractices. They need to stop calling me and provide what I ask for. Their callers are big mouths with no ears and should get real jobs.
Bubba
Miami, Florida
U.S.A.
I have sent a letter of dispute to this office as rewuested and they are supposed to sendme copies of the alleged contract. They haven't done this. I will not pay a bill I didn't make and they are not interested in proving anything, because they can't. There is no debt here. I am interested in joining a class action suit against this firm.
Put Mitchell Kay Law offices in your search engine. They are being sued as we speak for abusive and deceptive paractices. They need to stop calling me and provide what I ask for. Their callers are big mouths with no ears and should get real jobs.
Bubba
Miami, Florida
U.S.A.
1 Updates & Rebuttals
Tim
Valparaiso,Indiana,
U.S.A.
Some steps to take
#2Consumer Suggestion
Tue, October 09, 2007
First, write a letter to the company stating that you have already disputed the debt and requested a copy of the contract validating that the debt ever existed in the first place. Tell them that, as they have not provided this, there is a presumption that they cannot prove the validity of the debt. Tell them that, if and until they are able to provide proof that you EVER owed this debt, they are ordered to cease and desist all further communications, per the FDCPA, until they are able to provide such information. Your letter should further explain that, per the FDCPA, their failure to produce a contract constitutes evidence, on their part, that the debt is invalid. It is illegal for a debt collection agency to pursue collection activities if they "know or should know" that the debt claimed is illegitimate. Let them know that any further collection activities, in the absence of production of a contract, will be treated and litigated as an FDCPA violation. Also inform them that, as they are not able to prove that this debt ever existed in the first place, that any reporting of the debt to any consumer credit reporting agency will be treated as an FCRA violation, and that they are hereby ordered to retract any reports that have been made to CRAs. Next, you need to find out if this debt has been reported to any CRAs already. You can receive free copies of each of your credit reports at annualcreditreport.com. If this debt is listed on any of your reports, first note whether or not the debt is listed as "disputed by consumer." If it is not, then you have an FDCPA claim against the collection agency (they are requred to report whether a debt is disputed). Now, for each CRA that is reporting the debt, you need to file a dispute and request for investigation. Transunion has an an online form that allows you to do this. The other agencies will require a letter. Just let them know that the debt was not yours, and that the collection agency has failed to comply with requests for investigation and production of documents. Make sure that every letter is sent by certified mail, return receipt requested. Keep detailed documentation of EVERY communication and EVERY expense that you incur in dealing with this issue. After you send out these letters, wait about 60 days, and then find out whether the collection agency is still seeking collections, and whether the blight is still appearing on any credit reports. If this is the case, file an update. Also bear in mind that the reporting of financial information with knowledge of its falsity or reckless disregard for its truth constitutes the tort of libel. Ergo, you may also have a libel claim. Libel claims generally have rather short statutes of limitations, but provide for significant damages. As such, I would advise consulting with an attorney regarding this matter. Most attorneys will provide you a free initial consultation to tell you whether or not you have a case. Best of luck, and let me knwo if I can be of any further help.
