Debt Collections

[laurievill]

What is the name of your state? Pennsylvania

My sister was recently contacted by a gentleman from an Attorney Heckers' office. It was regarding a $1200 credit card bill. My sister had been out of work, but she wanted to take care of this. She agreed to make automatic payments from her checking account of $50 each month. The first month the payment was due, nothing was taken from her account. A few weeks later (last night), she got another call from this gentleman, and he claimed the check bounced. She told him that they never tried to cash a check on her account, and asked him to send her proof of the bounced check. He said he did not have to prove anything to her, and that he wanted the entire debt paid immediatly. When she told him she could not do this, he called her names and made threats. She told him he was in violation of the fair credit collections act, and he said that it did not apply to him and hung up on her. She later double checked all her bank statements and called her bank. No attempt was ever made by these people to cash any checks through her account (had a check bounced, her back would have charged her an overdraft fee). I think this was just a scam to try to bully her into paying the entire debt at once. Does she have any recourse? This man also gave her private financial information to a third party (her mother) the first time he called. Again, when she called him on this, he claimed he did not have to abide by the Fair Credit Collections Act. Is there any way this is possible? I would appreciate any help.

 

[cmorris]

What is the name of your state? Pennsylvania

My sister was recently contacted by a gentleman from an Attorney Heckers' office. It was regarding a $1200 credit card bill.

*When did she pay the debt last?

She agreed to make automatic payments from her checking account of $50 each month.

*Bad idea.

The first month the payment was due, nothing was taken from her account. A few weeks later (last night), she got another call from this gentleman, and he claimed the check bounced. She told him that they never tried to cash a check on her account, and asked him to send her proof of the bounced check. He said he did not have to prove anything to her, and that he wanted the entire debt paid immediatly.

*Do everything in writing. She should send a Cease and Desist letter. She should also send a Validation letter. Do these ASAP. She should refuse to speak on the phone with him from now on.

When she told him she could not do this, he called her names and made threats.

*Violation of the Fair Debt Collection Practices Act.

She told him he was in violation of the fair credit collections act, and he said that it did not apply to him and hung up on her.

*He is a 3rd party collector (attorney or not) and the FDCPA does apply to him.

She later double checked all her bank statements and called her bank. No attempt was ever made by these people to cash any checks through her account (had a check bounced, her back would have charged her an overdraft fee). I think this was just a scam to try to bully her into paying the entire debt at once. Does she have any recourse?

*He is trying to "bully" her into paying. Do everything in writing and send the letters suggested above. If it is past the SOL, he can't do anything. Get a paper trail to prove violations of the FDCPA.

This man also gave her private financial information to a third party (her mother) the first time he called. Again, when she called him on this, he claimed he did not have to abide by the Fair Credit Collections Act. Is there any way this is possible? I would appreciate any help.

*By speaking to a 3rd party (unless her mother pretended to be her), he again violated the FDCPA.

Again, when was the cc last paid? Send the letters. Do not speak to him on the phone. Get a paper trail. Anything send to him or any other CA, send CRRR.

 

[laurievill]

Thanks for your advice. I don't know when she last paid on the card, but I will try to find out. And no, her mother did not pretend that she was may sister. As far as sending the letters, this man has refused to give her an address, and we have been unable to find an address on the internet. All we know is he said his office is in New Jersey, but that could be untrue.

 

[cmorris]

Thanks for your advice. I don't know when she last paid on the card, but I will try to find out. And no, her mother did not pretend that she was may sister. As far as sending the letters, this man has refused to give her an address, and we have been unable to find an address on the internet. All we know is he said his office is in New Jersey, but that could be untrue.

It is very important to find when she paid last, it may be past the SOL. Do you have a phone number and/or name for this "attorney?"

 

[laurievill]

I just got off the phone with my sister. She last made a payment sometime in 2001. We have two numbers for this guy, a toll free one and a toll number. We tried using reverse directories to get an address, but no luck.

 

[cmorris]

In PA, the SOL on an open account is 4 years. <http://community-2.webtv.net/YCHANGE/STORAGE/page16.html>

If it was last paid in 2001, it is in SOL.

What is the # to this "attorney?"

 

[laurievill]

The phone number we have is 609-838-4042. Also, the toll-free number is 800-884-0860.

 

[cmorris]

Do you have the attorney's name? I called and they said "we don't do everything in writing." The 609 number is in Trenton, NJ. However, it is not listed in yp. The 800 number, according to a website, is in Longboat Key, FL. I found an ad posted with that number.

 

[laurievill]

He said his name was Mr. Jameson (I doubt that was his real name, and I doubt he is an attorney). Thanks for calling! How can they get away with not doing things in writing?

 

[Lookingahead]

I thought the name sounded familiar.

There was a post on 7/30/04 regarding an Attorney Hecker titled "Harassment".

Post is under:

https://forum.freeadvice.com/showthread.php?t=188823

 

[cmorris]

I called again saying I was calling for a friend. The receptionist (who is a b****) said they gave you the address in the "intro" conversation and that you should have received something from them in writing. Call back and get the address.

 

[laurievill]

Thanks for all your help. They never gave my sister the address -- only said they were calling from New Jersey. I will have her call them back for the address and send the letters. I did read that other post. I guess this is how they do business. The stupid thing is, my sister is willing to repay this over time. I told her she should just file for bankruptcy, but she "doesn't beleive in that". Wouldn't it be in their best interest to accept a payment plan?

 

[cmorris]

It would be in their best interest to receive payment in full. They want their money right away. However, if someone doesn't have the money, obviously a payment plan is best. But many CA's don't care about financial problems.

You mentioned to your sister about filing for BK...Apparently this isn't the only thing she is behind on. Tell her to go to www.creditboards.com. It is an excellent resource!

 

[laurievill]

Thanks so much for your help. Unfortunately, she is behind on a few things. She was unemployed for a while, then could only get part-time work. She just got a full-time job this past May and is trying to get on her feet. Thanks for taking the time to answer these questions.

 

[olgethorpe]

Just in case...

You might also want to tell your sister that if she did give this guy her checking account number, she should probably close that account immediately and open another at a different bank. He may try to grab the enitire amount at any time now...particularly since he knows he's dealing with someone who can say FDCPA. It isn't legal for him to do so, but she'd have to take him to court to get her money back.

And, point out to her while it is admirable to want to pay her debts, paying this attorney is not exactly the same thing. First of all, she doesn't owe him anything...she owes the original creditor. The attorney may be representing them (unlikely) but more often then not, he may have just bought the debt for pennies on the dollar. There isn't even a gurantee that if she pays him, it will have any bearing on the original debt...and it certainly won't have any good effect on her credit report.