Guy on phone identified himself from Fred Hanna & Associates although caller id identified otherwise. I guess what Dave Ramsey says is true "You know a Debt Collector is lying if their mouth is moving".
How do you C&D letter worked if it's only been a few days? Those usually invite a quicker trip to Lawsuit Land from others I've discussed matters with.
Has anyone been threatened with Arbitration from these jokers?
They are a debt collector: Frederick J Hannah and Associates, 1427 Roswell Road, Marietta GA 30062 (according to their website and budhibbs.com). The man that called from this number (404-736-2083) identified the call as being from Fredrick J. Hanna and Asscociates. They've been calling for about two weeks from at least 3 different phone numbers. Trying to talk with me at work once and my wife on a couple occasions. I talked with one several nights ago when they they got down right rude, and I just got rude back at them. They were calling about a debt they say I owe but have provided nothing in writing stating I should be discussing my business with then instead of the people I owe. So we just had a nice little hollering match and the were threatening arbitration and kinds of stuff. They've already violated 2 and possibly 3 FDCPA rights.
If you don't know your rights go to ftc.gov and download the 20+ page Fair Debt Collections Practices Act. Just search for FDCPA and you should get a link to the .pdf file for it. Read it and be prepared for dealing with these guys and any other collection agencies.
Always challenge what they say - You know they're lying if their mouth is moving! Always get any payment agreement in writing before sending any more to any collector, and NEVER allow any of them electronic access to your bank accounts - They'll clean you out and you won't be able to do much about it.
Be careful about sending Cease and Desist letters. Those usually lead to a quicker path to a lawsuit and judgment and it leaves them little other choice for trying to collect from you.
Instead send a written letter requesting validation of the debt based on the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that their claim is disputed and validation is requested. Send it certified mail, return receipt requested. Keep copies of the letter and the paperwork from the post office including the card you get back forever with any other paperwork to or from them. After they receive the letter (and you'll now have proof they got it) they must cease collections attempts against the account until they provide proper validation that they now own or have the right to collect the debt.
Most likely most of them will never respond as it requires more work on their part than they are willing to do for debt, especially since they've probably paid pennies on the dollar for an old debt anyway.
If the debt is valid and they DO provide validation it, then deal with it if you owe it. This is a tactic to ensure they are doing everything by the law and give you time to save up for a settlement, not a strategy for dodging a debt you you owe. If you don't owe it, they won't be able validate it and if they produce false documents saying you do then it's time to get a lawyer involved to assist you.
I've been getting calls like this for over a year. Lost job, medical bills etc. I owe over 150K! My bills range from 5K to 40K. Out of all those the only one that actually took me to court me was the 5K company!?
DON'T PANIC! Only contact a lawyer if you get sued. Otherwise don't answer their calls once you determine they're debt collectors. They will lie, cheat and routinely break the law.
I set up a payment arrangement with this company. They attempted to take the payment from my checking acct on the incorrect date as opposed to the one that was agreed upon and the check was returned. I sent then sent them the payment and was told I could then set up monthly arrangements. The person I first spoke to agreed upon a date and transfered me to another person that is saying that the date will not work, it needs to be made by tomorrow or they will send it back to the original debtor to see what they want to do. I have contacted the original debtor and they say there's nothing they can do to set up payments with them, etc.. and that I have to work through this organization. I have no idea what to do and have been given the run around trying to contact people within this company and am trying to pay this debt, but it seems impossible to do.