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Illinois bottom feeders


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Posted by EuterpeThelo (64.24.72.32) on September 05, 2002 at 02:42:44:

Hello all,

Somebody at Fair Credit Movement directed me here...and after reading the posts, I now know I am not alone.

By now you know the drill: Citibank account, charged off in 1992, no judgment...California resident, both then and now...I KNOW you know which company this is...

Got notice (not to my current address--and in fact, looks like they pulled my credit report and sent out notices to any addy they could find). I called and left a voicemail telling them SOL was LONG gone and to pi$$ off. Left my cell phone number because I didn't want them harassing me at work or home and told them to call back and confirm receipt of my message but warned them that repeated calls were not welcome and I would take action if that started up.

Long story short, she tried the "it's unethical not to pay this" (that's when you know they've no leg to stand on!) She and I got into an argument about the legality of what she was trying to do...she threatened to pull an inquiries "forever" until this is paid. She ended up hanging up on me.

Get this! Her supervisor calls BACK on my cell phone and begins threatening me. He's going to contact my boss, he's going to sue me (and even acknowledges that I'd have an SOL bar!) yada yada yada.

Here's my questions, for anyone that can help: first, I have drafted a cease and desist letter. I do NOT want to hand these people my address...I realize they can probably obtain it in a snap, but I want them to work for it. There are only two "legal" jurisdictions per FDCPA where they could even sue me, so if they try it anywhere else I'd have yet another violation (I haven't gone into great detail here because I don't want to list anything identifiable--suffice it to say, they've already committed several and I am sure they know it.) So anyone see any problem with using the fax and mailbox of a Mailboxes etc. or something on this?

Second, re the inquiry threat: someone had posted that the FTC ruled this constitutes "collection activity"; can somebody please give a link to that release or more info re this?

Third, I've been told that calls to cell phones count under FDCPA count as a call that costs me money--anyone know where that was decided?

Fourth, I believe a debt validation would be a bad move on a debt this old, because luckily I am a packrat and still have all KINDS of records on the old debt, as well as credit reports showing the charge-off and its last activity date...so please, comments, suggestions re the C&D letter. I am going to fax it, CRR snail mail it to both co HQ and the registered agent (wish I could find the FLA office addy too!)

Lastly: they claim to have tape recorded the calls they placed to me (which was without my knowledge or consent--and my cell phone provider was able to trace the call, which was from their FLORIDA office. My state, this company's HQ, and the branch office that called me are ALL two- or all-party states!) I'd love to combine this with some of the fed and state law violations and go after them (I'm already going to file with BBB, State AGs, FTC and possibly the Florida Bar Assn.) Wondering if anyone has any data on evidence as far as telephone conversations with these scumbags? I am sure I could subpoena their "recordings" (if they really exist and/or aren't conveniently "lost" first), but just curious if anyone has found precedent regarding what would certainly be a my-word-against-theirs situation on the threats they made...GLBA says purchasers of debt are in fact subject to FDCPA, even though of course this minimum-wage idiot that called me tried to say they're not (yeah and I fell off the turnip truck yesterday...)

I did contact a credit attorney, who said he had never heard of a worse case of harassment, and responded to my points that he thought I had an excellent case...my first concern is preventing myself from (a) having to explain weird calls to my bosses and (b) having to defend myself against a suit filed in some remote jurisdiction that I don't find out about until there's a judgment(which, yes, I know is illegal, but this co.'s conduct toward me and apparently others on this board does not lend me confidence that they wouldn't do it anyway...)

Anyway, thanks, guys, for any and all suggestions, comments...


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