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#1
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Collection agency problem...againWhat is the name of your state? Tn About 2 months ago, I asked some questions regarding the collection practices of Midland Credit Management. With your kind help, I found the agency's rep violated several provisions of the FDCPA. I called and was tranferred to someone who purported himself to be the "collection center manager". After thanking me informing him of my complaint, we discussed my account. He offered a payment option we mutually agreed upon. When the paperwork arrived, it was from the same rep I had complained about. Also, the monthly terms were twice as much as I arranged for, plus several other discrepencies. I called and was transferred to a different "collection center manager". When I explained the situation and the arrangements I had previously made, he said there was no record of those arrangements and inferred I had made this up to avoid paying. He then stated unless I agree to the terms sent to me in the mail, I would be considered uncooperative and my account turned over to their lawyers. Now I am outraged more than before. Questions- (1) Is the oral agreement I made binding upon the company, even though it's my word against theirs? (2) I have read here about filing suit agaist an agency for violations of the FDCPA. But if the penalty is only $1000, is that a deterrent and punishment to this agency? I have filed a complaint with the Phoenix BBB and the FTC. Thank you again for any answers, help, or suggestions. |
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#2
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| 1 - No.. oral 'agreements' with these scumbags means nothing, that's why you must do everything in writing. As you've seen, even in writing they'll try to pull a fast one. 2 - It's $1,000, plus you can get them for legal fees. Is it a deterrent ? Hard to say.. these dirtbags you're dealing with sound really bad, and they may already have had to pay fines.. but then again, you could be one of a very few who ever file a complaint against them. What WILL have an impact is for you to also send your complaint to the State Attorney General's Office.. I work in Nashville, I'd be happy to hand deliver it !! ![]() Since they have to do business in TN, the AG could have a bigger impact on their business. They're still trying to scare you with their lawyer threats. How much are they after you for .. is it a lot ? They're full of crap about having to accept their plan, you don't *have* to accept SQUAT if you can't afford it ! Basically you just can't deal with these sleezes on the phone, they LIE thru their teeth about everything. MAIL them your offer of a payment plan, certified RRR, that will be proof that you ARE trying to do something should they ever actually take you to court. Are they calling you ? Have you sent them a cease and desist letter to make them only communicate by mail ??? |
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