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Old 12-08-2012, 08:30 PM
 
Location: Camberville
15,866 posts, read 21,445,747 times
Reputation: 28211

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Quote:
Originally Posted by Mircea View Post

They can't be that abusive.

That's why I posted parts of Caputo v Professional Services so that people could see first hand where the line is drawn.

You're looking violations of the Fair Debt Collection Practices Act under

snipped


In Ohio, that would be worth $1,000 under the FDCPA, plus $2,000 under the Ohio Consumer Sales Protection Act, plus punitive damages.

And your attorney is free --- the FDCPA requires the debt collector to pay all court costs and [reasonable] attorney fees.

By the way, any attempt to collect a debt that is beyond the Statute of Limitations or Repose violates the FDCPA. That's a quick and easy $1,000.

Just so you know....


Mircea
Looking back, I should have gone after them. However, I had just finished 6 months of chemo and was simply exhausted from working full time while going through grueling treatments on top of never ending fights with my insurance company, hospital billing, and now this collection company. I had no time left to take off of work to handle the situation and so it just wasn't a possibility.

I wonder how many of these jerks get away with it because people either don't know their rights or don't have time to pursue legal action due to the financial situation that put them in debt.
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Old 12-09-2012, 12:56 AM
 
Location: California
37,135 posts, read 42,222,200 times
Reputation: 35014
Quote:
Originally Posted by C. Maurio View Post
I would have hung up long before it got that far.
Same here. I don't even answer the phone that much because it's telemarketers and when I do I will often hang up on people as soon as I realize their agenda. Sometimes I answer and hang up without saying anything just to get the phone to stop ringing becasue caller id tells me enough to know it's nobody important.

Debt collectors like this need to be put out of work, that's all. It's happened to other people to and it's just as unacceptable. Oh, and without getting specific, not all vets are "heros". We throw that word around way too much.
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Old 12-09-2012, 01:37 AM
 
Location: Too far from home.
8,732 posts, read 6,783,417 times
Reputation: 2374
Quote:
Originally Posted by Frank DeForrest View Post
the bill collectors comments were tactless, but veterans aren't due any special treatment above anyone else.
Did you ever stop to think if we didn't have a military what would have happened to the US?

If no special treatment be given to vets, why doesn't the government set up its own "bill collecting office" and go after the almost $900 billion in outstanding student loans from those healthy Americans who don't think they have to pay their student loan back - regardless if they are working or not?

The bill collector, who is nothing more than a POS, should be dropped in the middle of Nuristan, Afghanistan, given a gun, 5 days worth of ammo and MREs, then he may have a different outlook on our veterans, assuming the idiot survived and wasn't captured, decapitated and his boby mutilated.

Last edited by softblueyz; 12-09-2012 at 01:53 AM..
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Old 12-09-2012, 01:42 AM
 
26,680 posts, read 28,674,422 times
Reputation: 7943
Never talk to collection agents, folks. Get their address and send them a cease and desist letter. If they contact you again, you can sue them. You are not under any legal obligation to talk to them.
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Old 12-09-2012, 02:02 AM
 
Location: Too far from home.
8,732 posts, read 6,783,417 times
Reputation: 2374
Quote:
Originally Posted by bobtn View Post
Then not only should the employee have been fired, for cause, no severence, no UC, but those involved in the hiring decision should be put on probation, with a full review of how they missed the signs the candidate was a wack job.
Maybe he was "trained" on how to do his job? Debt collectors are ruthless. It's their job to threaten and intimidate people into paying debt that the company bought for pennies on the dollar and then added astronomical interest rates.
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Old 12-09-2012, 08:51 AM
 
1,520 posts, read 1,874,143 times
Reputation: 545
Quote:
Originally Posted by AnUnidentifiedMale View Post
Never talk to collection agents, folks. Get their address and send them a cease and desist letter. If they contact you again, you can sue them. You are not under any legal obligation to talk to them.
That is what I do. The same day their 30 day letter shows up in the mail.
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Old 12-09-2012, 08:57 AM
 
1,520 posts, read 1,874,143 times
Reputation: 545
The vet got off somewhat good. This collector was only rude. Others curse you out, threaten physical violence, arrest and to dig up deceased relatives and hang them from a tree!
Debt Collectors Increasingly Using Abusive Threats, Insults, Lies: Report
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Old 12-09-2012, 04:37 PM
 
Location: Ohio
24,621 posts, read 19,170,143 times
Reputation: 21738
Quote:
Originally Posted by softblueyz View Post
Maybe he was "trained" on how to do his job?
I'm sure, but you'll never find that in their training manuals.

When they go through Discovery and comply with Requests for Production, they usually turn over their instruction/training manuals. You can read them. They're probably exactly what you'd expect, and of course the company is going to disavow any knowledge of "off-manual" training.

Manually...

Mircea

Quote:
Originally Posted by AnUnidentifiedMale View Post
Never talk to collection agents, folks. Get their address and send them a cease and desist letter. If they contact you again, you can sue them. You are not under any legal obligation to talk to them.
That's good advice right here.

Just ask them to send you something in writing.

In Illinois, there was a debt collector attorney, Howe I think his name was.

Here's how he collected debts:

1] Has name of debtor;

2] goes on internet and does name/address search;

3] sends dunning letters to every person with that name;

4] follows up and threatens to sue if they don't pay;

5] collects the same debt from many different people (who unfortunately happened to have the same name as the debtor).

I think he got disbarred.

Concurring...

Mircea
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Old 12-10-2012, 08:40 AM
 
Location: A great city, by a Great Lake!
15,896 posts, read 11,991,168 times
Reputation: 7502
Quote:
Originally Posted by AnUnidentifiedMale View Post
Never talk to collection agents, folks. Get their address and send them a cease and desist letter. If they contact you again, you can sue them. You are not under any legal obligation to talk to them.

Sure you could do that, and no you're not under any legal obligation to speak with them. Having said that, by doing so, it sends the message that you're not willing to take care of the issue, and more than likely will result in legal problems for the debtor down the road. A cease and desist letter does not take away the issue of owing the debt.

I worked in collections years ago, and would never do it again! I can tell you that this person was clearly out of line, but I used to hear stuff like this all the time from fellow employees.
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Old 12-10-2012, 10:09 AM
Sco
 
4,259 posts, read 4,919,645 times
Reputation: 3373
Quote:
Originally Posted by Old Army Soldier View Post
This makes my blood boil. Even though we are labeled a free country, it pains me to see people showing disrespect to our troopers who signed a oath to protect this country voluntarily. This debt collector did just that to this disabled Army vet.



‘You Should’ve Served US Better And Died!’ Debt Collector Berates Disabled Veteran | Newsnet 14

A debt collector, angered that a disabled US Army veteran was living off of disability payments, told him he “should have died” in war instead of “taking advantage of” other Americans.

Minnesota-based debt collection agency Gurstel Chargo is now facing a lawsuit for verbally abusing the Army vet over a $6,000 defaulted student loan, Courthouse News reports.

“If you would have served our country better you would not be a disabled veteran living off Social Security while the rest of us honest Americans work our asses off,” one of the agency’s debt collectors allegedly told the vet. “Too bad, you should have died.”
Do you believe that veterans shouldn't have to pay their debts?
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