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Would Not Accept Payment

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R

RAJ

Guest
I just got off the phone at work with a collection agency for Sears. I have never received any documentation from this company so I was not familiar with their name, but was willing to discuss the debt. So we began to agree on a down payment to prevent further collection activity. He said he ran a credit check on me and my spouse and saw that we were able to make the down payment of $318.00 because I had a Bank of America MasterCard with an available balance of over $2,500, he felt I could make the payment (me or my spouse do not have a MasterCard). I informed him that my other accounts were past due including my mortgage (which he could clearly see if he did have my credit report in from of him). I also advised him of a pending wage garnishment. So he said he could split the $318.00 over 2-months. Then he said he needed a post-dated check. I explained that I did not have a checking account. He suggested that I use my spouses. I told him that my husband prefers not to do post-dated checks(we have gotten into trouble with a bank previously regarding post-dated checks from another credit so Bank of America closed out our account.) He also said "Do you want me to call your husband",and I said no. Next the man ask that I open up another checking account, but I explained to him that I was unable to due to the way Bank of America reported my account. So he said he was unable to help me and advised one of his co-workers to start the investigation process to find out what my assests were. I asked him not to do that and that I could send the payment Western Union prior to the due date, but he said no and abruptly hung up the phone. Please advise how I can proceed. I live in Maryland and this is an individual account.
 


W

Witsend

Guest
Say these two phrases to the guy it scares the hell out of them:

Federal Trade Commission

Fair Debt Collection Act

You can find the Fair Debt Collection Act on the FTC's webpage.
www.ftc.gov I think.

Hope this helps. I am not a lawyer but it worked for me maybe it will help you too. Next time catch the name of the company and the guys name and use the on-line report form on the FTC's webpage for complaints. Good luck to you.
 

JETX

Senior Member
Do NOT, repeat, do NOT, fall for this con artists line of threatening BS!!

First, read the FDCPA (Fair Debt Collections Practices Act) at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

You will see numerous ways that this idiot has violated FEDERAL law. If he contacts you again, advise him that you are familiar with the FDCPA and that any and all future correspondence MUST be in writing per your request. Tell him that he is NOT to call you, your employer or anyone else.
Threaten him with a complaint with the FDCPA.

Also, do the following:
1) While fresh in your memory, write down ALL that you remember about the call(s). Names, threats, phone numbers, company name, etc.
2) If he contacts you again, be sure that he mails a detailed statement to you before you will do ANYTHING!!

Finally, do not give this dweeb ANY information about you, your bank, your account numbers, not even your age. As soon as they get your bank info, they will rob your account forcing you to chase them!!!


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!
 

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