Complaint Review: Receivables Performance Management - Bothell Washington

I've been in collections for over 10 years so I may be able to give you some advise on your problem.

When your mom put the phone in your name, you were aware of it, so you can't claim it was fraud but you should've been aware that by allowing your mom to put the phone in your name you were voluntarily putting yourself legally responsible for any debt. With cell phones when you activate the phone or make that first phone call you were verbally signing a contract, its called an oral contract. So you can't file a police report for identity fraud. A statute of limitations is the amount of years a company can pursue other action to collect a debt (such as legal). Statute of limitations is from the date of last payment towards account or debt.

http://www.statuteoflimitations.net/written_oral_contracts.html

And, until you retain an attorney or send a written cease and desist letter, they can still contact you to collect the debt.

when the phone was put in your name, you were aware of it, so you can't claim it was fraud but you should've been aware that by allowing your mom to put the phone in your name you were voluntarily putting yourself legally responsible for any debt. So you can't file a police report for identity fraud. Second, the statue of limitations for Colorado is 3 years. A statue of limitations is the amount of years a company can pursue legal action to collect a debt. Statue of limitations is the amount of years after your last payment NOT the date you got the phone.

You can google statute of limitations for any other states if different. 

While I have no idea who this person is, RPM wants to resolve this matter. RPM has an escalation department at 888-838-5123 who will be more then happy to get this handled. Feel free to contact them if you have not already got this handled. R Polus

"" I am uneducated because I typed too fast and misspelled two words?"" I didn't say you were uneducated. I said your use of the language was atrocious-and still is. Sentence structure, verb usage and such need work. ""Figure it out D-Bag and understand that third party collections is an ugly business and there are people who lie, play the victim, play games, and simply fail in life because they want to get out of a situation they got themselves in."" I figured it out DECADES ago pal. You forgot to mention those, as you, who go to online forums and give misleading information about collection agencies in the hopes of getting brownie points from their bosses. Here's your little jewel again: ""If you say well they don't liver here, too bad! Give us information of their whereabouts and we won't be calling you anymore!!!"" You are not allowed to harass anyone without risk, let alone folks who don't owe. It doesn't matter if the person you're calling is a relative or not. If you call a relative numerous times you are harassing them and you can be criminally prosecuted and held liable in civil court. All anyone needs to do is put you bozos on notice (in writing) and the NEXT time you clowns call (after receiving the written notice) you're liable in civil court and possible criminal prosecution. Another misleading jewel from you: ""What cosumers need to understand is that we work alongside with TransUnion, CBC Innovis, Equifax and more. These companies look for numbers for debtors."" You don't work alongside any of the credit reporting agencies. What your firm does is SUBSCRIBE to their service. Your firm and the CRAs are NOT in a similar line of work as your ""work along side"" connotes. Many junk debt buyers use the data from the CRAs to determine if they're going to spend the time and money to contact a debtor. In other words, the JDB use consumer credit data to assess whether the debtor will be able to pay the debt-hence you bozos contact them and demand payment. Now go show your boss that you're defending the firm and collect your brownie points. Then go read the FDCPA AGAIN and see if you can find where it says you can call a relative of a consumer debtor as much as you like. You gave out misleading information. It is reasonable to conclude (a) you don't comprehend the text of the FDCPA and therefore my advice to you to go to school is well founded or (b) you do KNOW that you cannot harass family members and that to do so is a violation of the FDCPA and that would make you a bottom feeder, wouldn't it? So which is it higher up? Are you having trouble comprehending the FDCPA and its specific prohibitions for harassment or are you sucking up to your boss by giving out misinformation? It's amusing to me whenever one of you employees comes on here posting such nonsense. FYI, I have much experience in dealing with debt collectors and getting the CRAs to correct credit reports through the volunteer counseling I provide through my sister's church. One of the ways I assist folks is by drafting letters for them to mail to debt collectors, creditors, and the CRAs. I have made numerous appearances in small claims court (as a witness for the consumer) and on one occasion I testified in District Court against a debt collector. In each case that I was a witness to, the debt collector LOST.

The only thing that you said that I agree with is that "third party collections is a nasty business". That only justifies my opinion that all third party debt collectors are "Bottomfeeders". They are, in fact NASTY, making it a NASTY business. There is no need for third party debt collectors. The original creditor has every right and opportunity to file a lawsuit on any debt and get a judgement, plus costs. If they choose not to follow legal remedies available to them under the law, they give up their right to that debt, in my opinion. They CHOSE not to persue it! The MAJORITY of third party debt collectors are NASTY, RUDE, UNEDUCATED and/or have drug/alcohol/debt problems themselves. Third party debt collections is a job for the lowest forms of life out there. Get a real job and have some respect for yourself!

Ok Mr. Big, Bad Robert from Buffalo New York. What in the heck, (for lack of better word), do you know about me??!! I am uneducated because I typed too fast and misspelled two words? Please, you are pathetic to waste your time trying to insult a loyal employee who has every right to defend their company. For your lousy information I graduated from college and yes I made errors, is that all you can dish out? It is policy to read the FDCPA and sometimes we have collectors who don't follow the rules, or a number doesn't get taken out for sheer system failure. In which case, the employee is disciplined and we take full responsibility for a number not being taken out or coded correctly. You Mr. Robert need to get over yourself and realize that no body and no person is without mistake or fault. Figure it out D-Bag and understand that third party collections is an ugly business and there are people who lie, play the victim, play games, and simply fail in life because they want to get out of a situation they got themselves in. Yes, some people are right and they don't owe and a mistake is made. Well, put it in writing and state your reasons why you don't owe the debt and we'll be happy to oblige. Maybe you yourself Robert, wants to lie about your debts I don't know. Either way we are just doing our jobs and are people who bleed the same color you do. Congratulations Robert you can obviously win a battle, but you can't win the collections war. It's called "collections" for a reason. Face it, nothing is fair in life.

Ok Mr. Big, Bad Robert from Buffalo New York. What in the heck, (for lack of better word), do you know about me??!! I am uneducated because I typed too fast and misspelled two words? Please, you are pathetic to waste your time trying to insult a loyal employee who has every right to defend their company. For your lousy information I graduated from college and yes I made errors, is that all you can dish out? It is policy to read the FDCPA and sometimes we have collectors who don't follow the rules, or a number doesn't get taken out for sheer system failure. In which case, the employee is disciplined and we take full responsibility for a number not being taken out or coded correctly. You Mr. Robert need to get over yourself and realize that no body and no person is without mistake or fault. Figure it out D-Bag and understand that third party collections is an ugly business and there are people who lie, play the victim, play games, and simply fail in life because they want to get out of a situation they got themselves in. Yes, some people are right and they don't owe and a mistake is made. Well, put it in writing and state your reasons why you don't owe the debt and we'll be happy to oblige. Maybe you yourself Robert, wants to lie about your debts I don't know. Either way we are just doing our jobs and are people who bleed the same color you do. Congratulations Robert you can obviously win a battle, but you can't win the collections war. It's called "collections" for a reason. Face it, nothing is fair in life.

Ok Mr. Big, Bad Robert from Buffalo New York. What in the heck, (for lack of better word), do you know about me??!! I am uneducated because I typed too fast and misspelled two words? Please, you are pathetic to waste your time trying to insult a loyal employee who has every right to defend their company. For your lousy information I graduated from college and yes I made errors, is that all you can dish out? It is policy to read the FDCPA and sometimes we have collectors who don't follow the rules, or a number doesn't get taken out for sheer system failure. In which case, the employee is disciplined and we take full responsibility for a number not being taken out or coded correctly. You Mr. Robert need to get over yourself and realize that no body and no person is without mistake or fault. Figure it out D-Bag and understand that third party collections is an ugly business and there are people who lie, play the victim, play games, and simply fail in life because they want to get out of a situation they got themselves in. Yes, some people are right and they don't owe and a mistake is made. Well, put it in writing and state your reasons why you don't owe the debt and we'll be happy to oblige. Maybe you yourself Robert, wants to lie about your debts I don't know. Either way we are just doing our jobs and are people who bleed the same color you do. Congratulations Robert you can obviously win a battle, but you can't win the collections war. It's called "collections" for a reason. Face it, nothing is fair in life.

Ok Mr. Big, Bad Robert from Buffalo New York. What in the heck, (for lack of better word), do you know about me??!! I am uneducated because I typed too fast and misspelled two words? Please, you are pathetic to waste your time trying to insult a loyal employee who has every right to defend their company. For your lousy information I graduated from college and yes I made errors, is that all you can dish out? It is policy to read the FDCPA and sometimes we have collectors who don't follow the rules, or a number doesn't get taken out for sheer system failure. In which case, the employee is disciplined and we take full responsibility for a number not being taken out or coded correctly. You Mr. Robert need to get over yourself and realize that no body and no person is without mistake or fault. Figure it out D-Bag and understand that third party collections is an ugly business and there are people who lie, play the victim, play games, and simply fail in life because they want to get out of a situation they got themselves in. Yes, some people are right and they don't owe and a mistake is made. Well, put it in writing and state your reasons why you don't owe the debt and we'll be happy to oblige. Maybe you yourself Robert, wants to lie about your debts I don't know. Either way we are just doing our jobs and are people who bleed the same color you do. Congratulations Robert you can obviously win a battle, but you can't win the collections war. It's called "collections" for a reason. Face it, nothing is fair in life.

""Educate Yourselves"" Indeed. You should take your own advice starting with an EN-110 course at your local community college. Your written use of the English language is atrocious. ""Higher Employee On The Totem Pole"" Based on your poorly written rebuttal, I can only imagine the education level of the peons BELOW you. ""If it is your son, daughter, ex-boyfriend of a daughter, neice, whatever then we have the right under the law to find them and go after them for the debt. If you say well they don't liver here, too bad! Give us information of their whereabouts and we won't be calling you anymore!!! Utter tripe, a simple certified return receipt requested letter to your company stating that the consumer has nothing to do with the account in question or the person your looking for and that any further contact by your company will be considered harassment is enough to set you folks up for prosecution and a civil lawsuit if you're fool enough to contact the consumer again. Better check the laws pal. ""Understand the FDCPA."" Yes indeed! Understand it and SUE the debt collectors when they violate it and the FCRA! Yes indeed! This is the only thing you wrote that I agree with. (Pssst. Check the section of the FDCPA that specifically deals with harassment.) ""Also, the Statute of Limitations ONLY applies when a company decides to SUE you. Most if not all won't waste their time sueing you so they SELL the bill or debt in question for companies like ours to collect on."" YUP! And companies as yours buy debts whereas the SOL is expired. ""AGAIN EDUCATE yourself."" Absolutely! Thanks in part to the internet, more and more consumers are becoming aware of their rights secured by the FDCPA, FCRA and other laws and are successfully SUEING debt collectors who violate these laws. It's becoming a cash cow for lawfirms, as evidenced by the number or firms that now advertise on TV to sue collection agencies. ""Thank you and do yourself a favor and read consumer laws."" You're welcome. Now go back to school and learn how to read and write. After that, go read the FDCPA and the FCRA. If you don't understand what you're reading, ask someone to translate them into terms you can understand.

On behalf of RPM, first we are NOT bottomfeeders. Check out Inc. 5000 and you will find that we are one of the fastest growing companies in the nation. What cosumers need to understand is that we work alongside with TransUnion, CBC Innovis, Equifax and more. These companies look for numbers for debtors. If you are being called and no one by the name we are given lives at your number then just state that to our rep and we will be happy to take your number out! If it is your son, daughter, ex-boyfriend of a daughter, neice, whatever then we have the right under the law to find them and go after them for the debt. If you say well they don't liver here, too bad! Give us information of their whereabouts and we won't be calling you anymore!!! However, if you did or do have the debt in question it is up to the consumer to dispute the debt. EDUCATE YOURSELVES!! Understand the FDCPA. We are people just like you who are doing our JOB. People are mean, hateful, and cruel to us all day so if you start interrupting and spouting off attitude with us, you WILL get it back so stop acting like a victim and be an adult! RPM does NOT condone foul language or insults and those collectors are immediately taken off our floors or fired. Also, the Statute of Limitations ONLY applies when a company decides to SUE you. Most if not all won't waste their time sueing you so they SELL the bill or debt in question for companies like ours to collect on. AGAIN EDUCATE yourself. In addition, if you call Sprint, MCI, Verizon, Nextel understand that Sprint owns Nextel, and Verizon owns MCI. Therefore, when you call to ask them to verify your account they will no longer have record of you because they SOLD your debt. Thank you and do yourself a favor and read consumer laws.

Liz, RPM collects primarily for Sprint just FYI. Maybe they are looking for some variety with old AT&T debts. That "refusal to pay" thing means absolutely nothing. It is designed to scare the uneducated. It is soley for intimidation purposes and nothing more. Your rights are the same whether you "refuse to pay" or simply ignore the account, or dispute it. The ONLY thing that affects your rights is if you make a payment or agreement to pay, etc. Then you have legally affirmed the debt, and your right to request validation is gone. They cannot take anything of yours without first suing you and winning. Even then, each state has rules on amounts that can be garnished and what types of income and assets are exempt from garnishment. The SOL thing is your best defense. STAY OFF THE PHONE!! NEVER speak to ANY third party collector on the phone!! This will NEVER work in your favor. Demand all communications in writing, and also only communicate with them in writing, and by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records. This procedure is VERY important. By the means above, send them a written dispute AND request for debt validation. Under the provisions of the FDCPA, they must cease all collections action until such validation is provided. DO NOT sign anything you send to a collector, just print. And NEVER give a collector any personal information such as SS#, DOB, Banking, employment, etc. NOTHING!! And deny everything as the legal burden of proof is on them. Not on you. Have fun with these morons!

I beleive the SOL in Colorado is 6 years, so the SOL is expired and will be an affirmative defense if they attempt to sue you for it. I'm sorry about the loss of your mother. ""This account was put in my name by mother, I never signed anything with AT&T. I never disputed the charge first of all because my mother had the best of intentions, secondly because I was the one who had run the bill up and third because she was terminally ill with cancer."" IMO, there is never any justification for a parent to fraudulently open an account in a child's name - period. Most parents want the best for their children - a better life, NOT the aggrevation and disadvantages that come with a TRASHED credit score. I hope you've come to realize that what your mother did was WRONG and that in the future you don't do the same thing to any children you might have. Read the FDCPA and the FCRA, there are things you can do to have this fraudulent account removed from your credit reports.