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  #1  
Old 08-14-2003, 02:35 PM
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Harassing Collection Calls


What is the name of your state? Alabama
UNSECURED PAST DUE BUSINESS ACCOUNT
I have an account past due, I have made some payments on
for the past year, but when I send a payment, the amount is
applied in different amounts to prior invoice purchases. This is
very confusing to me. I have also ask for a simplify statement, a copy of an invoice I think maybe an incorrect charge, and never recieved anything.
This account was turned over to Zinger-Mach & Associates,
( Name of company changed ) of Tucson, AZ (Correct City & State)
for collections on July 01, 2003. John Smith called my business, sometimes 5 times or more within an hour, while I was with a customer, would tell the employee answering phone that this was an personel emergency to get me to the phone right now. Also, he would tell employees answering the phone to get me to the phone right now, this is about my law suit against your employer. He used many other phone tactics and sent faxes with no confidential cover sheet.
During a phone conversation July 09, I agreed for a check draft of $300 from our petty cash checking account, we keep under $500 in this account On July 31, Mr Jones tried to draft $2000.00 which was nonsufficient Now, I received a statement from the company that I owe with no adjustment for the $300 payment and have finance charges for July.
Tell me what I should do. Can Zinger-Mach & Associates take such actions like this towards me?
  #2  
Old 08-15-2003, 09:12 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You're dealing with a very nasty and obviously unscrupulous debt collector. The fact that he tried to make an unauthorized draft from your account is proof he's a scumbag.

If this were a personal debt, you'd have rights to stop this guy, or at least slow him down, under the Fair Debt Collections Practices Act (FDCPA). However, since its a business debt, the FDCPA doesn't apply.

That's not to say you don't have any rights or ways to fight this guy's sleezy tactics. Unless one of our legal minds here can make some suggestions as to how you fight what would otherwise be violations of the laws, your best bet is to hire a lawyer of your own.

Oh.. and make sure you bank blocks that guy from trying to draft your account again.. you can bet he WILL try again !
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  #3  
Old 08-15-2003, 01:20 PM
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Thank you for your advise.
I appreciate your help.
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