• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

First screamed at then another falsly identified herself

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

momofrose

Senior Member
What is the name of your state? NJ - but this occured in NY

There is a "collector" by the name of Allied Interestate.

They first contacted me at work and asked that I settle an outstanding debt amount of $1100.00 for $500.00. I told them I was at work, and asked them to fax me their settlement offer so I could review it. They did. Within 5 minutes the guy called me back. I told him that I had someone in my office (CEO) and would have to call him back. Within a 5 minute time frame he called 4 times..the last time I picked up he started screaming at me so loudly that my boss heard it. I then faxed them a letter advising that I would not be doing any business with them whatsoever (due to my treatment)

Two weeks later, I received a phone call from a "Miss Mason"... she left a message on my voice mail and identified herself as "Miss Mason from the State of New York". I returned her call and she was actually from Allied Interstate.

When I asked her why she identified herself as from the "State of New York" her reply was "I am from the State of New York and you need to lose your tone"... I told her that she falsy identified herself and I woulld be taking this matter into my own hands now.

I filed a complaint with the FTC and was advised that based on my information that their practices were illegal and I had grounds to sue them.

Is this a small claims matter? I work In NY (that's where the phone calls came to), does that mean I file in New York?

Thank you so much
 


JETX

Senior Member
"Is this a small claims matter?"
*** You can file your lawsuit in any 'competent court' and that includes small claims. However, it will be a little harder in that you will also have to present evidence of the law, since it is more than likely that the judge may not be familiar with the FDCPA.

"I work In NY (that's where the phone calls came to), does that mean I file in New York?"
*** You could file in NJ, but it will be much easier doing so in NY as that is presumably where the defendants assets are located..... and you hope to need to get at them.
 

BL

Senior Member
Did the FTC do an investigation,and send you a letter of the findings of facts,verifying what they told you on the phone ??

If you can verify that the FDCPA was violated by the creditor, send the Credit Reporting Bureaus ( CRA's) proof the these practices were violated,and request the ( CRA's) expunge/remove these debts from your report(s).

Next send a RR Certified Letter to the creditor and Collection Agency ( In both States) , advising them of the violation and you can & may sue up to $3,000.00 for each violation which is over what they claim you owe.

If the CRA's won't remove the creditor from your report, file a complaint with your local attorney General's Office.

I had good outcomes doing this..w/o paying a penny.
 

momofrose

Senior Member
Thank you so much for your responses. I have found them very helpful.

I did agree to apy the $600.00 to the second guy that called, but after I received the message from the Miss Mason (from the same company) I sent a letter to them telling then that I wa s rescinding the original payment plan due to their underhanded and illegal way they do business,

The FTC said they would follow up with an investigation, but I do have their original letter to be stating that the tactics that I said they used, were illegal and that I could sue them for those practices.

Blond Lebinese - thank you for your advice. I would rather NOT go to court if at all possible, and settle thiss, but if I need to, I certainly will.

Is there a way I can find out if other's have filed complaints against this collection agency?

Thanks again
 

BL

Senior Member
Advise them in your letter that unless they write this debt off,and remove it from CRA's , and NOT re-report it ( they like to do that as a backhanded way of ruining your credit-which is illegal),
you will sue them under the FDCPA / FDRA.

In my case I received a confirmation from the collection agency they indeed wrote it off,although I had to go through the attrn: generals Office to get the 3rd CRA to remove the report from their files.

It won't matter what other reports they have what does matter is the Laws of your case.

Send for some free booklets to the FTC http://www.ftc.gov/ftc/consumer.htm

For FDCPA & FCRA They will site the Laws a regulation to use .
The more armed with facts you have, the more they know they can't manipulate you .
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top