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Old 06-14-2002, 11:44 AM
tomcat114
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Collection agency problem...again


What 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.
  #2  
Old 06-14-2002, 01:20 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
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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