Got a call that I owed a debt from 8 years ago from a bank which I closed the account on. I called the bank and they said it was so long ago, they have no record of it. This company threatned to call my work and garnish my wages...is that even legal? No! I called around and even talked to another collections agency (whowere very helpful btw) and even said they dont look legit. And she even advised me to not follow up with them and to file a complaint. So I did.
These debt collectors called me about a bank debt from 7 years ago. Said they could settle it for $1600. They withdrew the money on the 15th BEFORE I even had a chance to approve the deal. It was a tentative date and they pulled it out anyways in two payments. My bank contacted me about the fraud. I called them and said this is fraud. She said I have your permission on a recorded line. NO you dont. She started screaming at me and hung up. I should have figured....the whole time we were discussing this, she kept calling me an over the road truck driver and therefore I was hard to reach. Why do you keep saying that I asked, "Oh, that is just what I told my bosses so I could get the deal approved." She admitted lying. These people cannot be trusted. Then when Ms Lenz gets mad, she forwards the debt to the Attorney's.....Mr. William Larkin. He is going to start further proceedings and therefore there will be court costs and attorneys fees tacked onto the bill. Now it is thousands of dollars more. He uses big words to sound like an attorney. What a scam these two are.
Section 809 of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf requires 3rd-party debt collectors to give debtors written notice of debt (the key word is *shall*) :
"§ 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
My in-laws received multiple call from a Mr. Oliver Davis from this company, asking about my husband (he and his father share the same name), that he owes alot of money, etc. I got the contact information and called him stating to stop calling my inlaws and to call us. Mr. Davis did, stated that my husband had a checking acct that overdrew by $500 with US Bank from 06-08, from CA. I asked Mr. Davis to send a written notice so I can review the info and he said that there's no paperwork just instructions and an acct # to go into any US Bank branch, speak to a mgr and discuss it with them. Since there's no branch near where we live, I call the contact number for the US Bank accts recovery dept. After explaining the issue and confirming that my husband, or myself, have never banked with US Bank, they stated that this debt collector doesn't sound right. I left a msg with Mr. Davis stating that I confirmed with US Bank that we were not the ones responsible for that debt.
The next morning, Mr. Davis spoke to my husband, who stated the same thing I did to him, that we haven't lived in CA in over 20yrs and this is not his debt. Mr. Davis basically stated ' so that's how you want to play it' and threatened him with court and garnishment. My husband said yes and hung up.