collection company violating ftc laws?

[fatguy]

What is the name of your state? VA
heres the story. About a week ago I recieved a phone call from a man identifying himself as "investigator Garcia" with the bad check division. He said I had a bad check with them and that if I didn't pay within the next 2 houres a supiuna would be ariving ordering me infront of a judge the next day. So I naturaly asked him to repeate what he just said to make sure I heared him correctly an he just yelled" Just answer thie question are you going to pay this!" I then just told him that you are obviosly not a law enforcmenbt officer and that this phone conversation was over and hung up. He called back 15 seconds later asking me why I hung up on him, I told him it was because he wouldn't answer my questions. So I finaly got him to answer my questions regarding name of company, phone number, supervisores name, but when I got to address he just told me "thats ok I'll just let the courts handle this" and hung up on my. I called back and asked for the manager and asked him the same question about address and he told me it was there policy not to give that out. So I jumped on the net to do a reverse look up of the number to no availe. So my question : are they allowed to misrepresent themselfs as a law enforcment officer? Don't they have to send me somthing in writing after they call me? Do they have to give there address if I ask them for it? any help would be great. Thank you

 

[bigun]

Yep, they walked all over the FDCPA.
Who is the collection agency? I'm betting JBC and Associates or, National Check Control. Both are in a lot of hot water over there collection pratices.
When was the check supposedly written.

 

[fatguy]

the name of the company was Barrows manning and wilson. The check is like 7 monthes odl .Thanks for your help

 

[bigun]

With a check only 7 months old, they can sure sue.
Were I you, I'd go to the business to whom you tendered the check and see if they'll accept payment.

 

[JETX]

"So my question : are they allowed to misrepresent themselfs as a law enforcment officer?"
*** Actually, I disagree with Bigun. Based solely on the information in your post, they never actually SAID (or even lead you to believe) that they were a law enforcement agency. You just assumed that fact, apparently from the statement that he was "investigator Garcia". That would not be a violation of the FDCPA.... iF the FDCPA actually applies. Not all debts or contacts fall under the scope of the FDCPA.

"Don't they have to send me somthing in writing after they call me?"
*** No.

"Do they have to give there address if I ask them for it?"
*** Yes, they are supposed to..... IF the FDCPA applies.

Do as suggested by Bigun, contact the original payee and try to settle the debt with them.

 

[fatguy]

Just got a call from the same company at work from a man telling me that if he didn't get 153.00 by 9pm tonight they would turn it over to my local court and a warrent for my arresst would be issued for me. He said that since its a debt for 510.00 it was a felony in my state punishable by up to a year in jail. My question is : Is this a strong arm tactic to try and scare me or is this real, and Does anyone have any info on validation of debt letters? Also thank you bigun and JETX for the help.

 

[JETX]

" Is this a strong arm tactic to try and scare me or is this real"
*** I can only tell you that in my opinion, they are trying to intimidate you into paying. A person who writes and presents a bad check could face actions in both civil and criminal courts. If this were really a criminal issue as they are trying to claim, you would be contacted by the police or the prosecutors office. The fact that this person is neither of them, indicates to me that his threat is for civil action only. As such, you can see from the following summary, that he is full of crap.....

"The holder of a bad check generally is entitled to the recovery of the face amount of the check, legal interest from the date of the check, check charges by the bank if the holder, and a processing fee of $25.00 in a civil action. (VA Code. 8.01-27.1.)

If the holder of a bad check sent the statutorily required written notice to the issuer of the bad check, by certified, registered, or regular mail with proof of mailing, and the issuer of the bad check failed to pay the demand within thirty (30) days after receipt of the written notice, the holder may be entitled to three (3) times the amount of the check, up to a maximum amount of $250.00, in addition the amount of the bad check, the check charges and the $25.00 processing fee. (VA Code 8.01-27.2.)"

As for the criminal charge of 'bad check', that would be covered under 18.2-181, et seq of the Virginia Code. And even though that is clearly what they are threatening, it would ONLY be valid if you were being contacted by the police or the prosecutor. The Criminal Code can be found at:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC18020000006000000000000

"Does anyone have any info on validation of debt letters?"
*** As you have already been advised, a good one is at: http://www.creditinfocenter.com/forms/

"Also thank you bigun and JETX for the help."
*** You're welcome.

 

[fatguy]

Just got another call this time from a different person at the same phone number but a different name on the caller ID still won't give me mailing address and still threatening arrest. I looked at the FTC web site and spouted off a few of the things there like wanting validation of debt and he said it was to late for that. I just got the first call from them on Dec 23. So where do I go from here the FTC, BBB , or should I contact my ststes AG for help ?

 

[Ladynred]

I did a little digging and found out that Barrows, Manning and Wilson are basically a bunch of scumbags. The BBB has them with a very unsatisfactory record. They're out of Jacksonville, FL:

http://www.jacksonville.bbb.org/common.html?location=/home/common/www/mis67/report.php&bureau=jax&compid=9207

Barrows, Manning and Wilson
9550 Regency Square Blvd Ste 807
Jacksonville, FL 32225

Principal : Ms. Debra Barrows Owner
Phone Number: (904) 482-0500
Fax Number: (904) 782-0530
Type-of-Business Classification: Credit-Collection Agencies
NAICS Code: 981010

"Customer Experience
This company has an unsatisfactory record due to a pattern of complaints and the failure to remove the basic cause of the complaints. Specifically, complaints concern the use of harsh and abusive collection practices including the impersonation of law enforcement or court officials and the threat of immediate arrest. Additional Information: Certain management officials of this company were involved in the management of another collection agency, Ditore, Ruibal & Associates. Ditore, Ruibal & Associates had an unsatisfactory record with the Better Business Bureau due to complaints of abusive collections practices. Consumers should be aware that debt collection is a civil issue and collection agencies are not empowered to issue arrest warrants. Consumers should also be aware that collection tactics such as impersonation of government officials or threat of arrest are violations of the Fair Debt Collection Act. As of 11-26-2003, all telephone numbers we have for this company are disconnected. We do not know if the company has closed or moved to a new location with different telephone numbers"

(Ditore, Ruibal, and Associates is a DBA of theirs)

What you need to do is file a complaint with the BBB, your State AG's office and also find out if they are licensed to collect in VA. CA's in VA must post a bond and they may have to be licensed, so call your State office of consumer affairs and find out what the requirements are.

 

[fatguy]

LIR first thank you for the info. Funny the name on the caller ID was Rubibal, ain't that a coinkidink?? I'll check with the BBB , FTC, and AG in the morning. I knew somthing was fishy about this. Again thanks bigun JETX and LIR

 

[JETX]

"CA's in VA must post a bond and they may have to be licensed, so call your State office of consumer affairs and find out what the requirements are."
*** Sorry, but according to LawDog:
"There is no licensing or bond requirements for conducting collection activities in the State of Virginia."
http://www.lawdog.com/states/va/st1c.htm

 

[Ladynred]

I said they MAY have to be licensed and carreon and associates website on collection laws shows a $5000 bond. Looks like that may be contingent on other things

 

[suthrn1]

"Knowledge is Power - use it as you see fit !

Knowledge is alot like fertilizer. If you dont have the wisdom to distribute it. It just a pile of crap.


Thats not a jab, its true.

 

[JETX]

I did a search on the site for the Virginia 'Department of Professional and Occupational Regulation' and was not able to find anything showing that debt collection activities required bonding OR licensing.
Their site: http://www.state.va.us/dpor/indexne.html

Also, their license lookup page:
http://www.dpor.state.va.us/regulantlookup/

 

[curiousaboutlaw]

Same question but different state (pa)

My situation is similar to Fatguy but the collector is from the state of NY and I live in Pa. Can anyone direct me to where I can find legal info in my state?