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Wrongful Creditor Harrassment

Discussion in 'Other Debt, Collection, Garnishment' started by JORGE, Dec 30, 2001.

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  1. JORGE

    JORGE Law Topic Starter New Member

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    IN MAY 2000 I TOOK A $4,000 BILL CONSOLIDATION LOAN WHICH I USED TO PAY OFF THE FULL BALANCE ($4,000) OF A HIGH INTEREST CREDIT CARD.

    FOR THE NEXT SEVEN MONTHS MY CREDIT CARD STATEMENTS SHOWED AN OUTSTANDING BALANCE OF ZERO, BUT IN JANUARY 2001 I RECEIVED A BILL FROM THE CREDIT CARD COMPANY INDICATING THAT I HAD AN OUTSTANDING BALANCE OF $4,000 IN MY ACCOUNT. I INFORMED THEM THAT THIS MUST BE AN ERROR SINCE MY ACCOUNT HAD BEEN PAID OFF BACK IN MAY, HOWEVER, THEY INSISTED THAT THE ERROR WAS ON MY PART AND THAT MY BANK DID NOT HONORED THE CHECK. THEY REQUESTED COPIES OF MY CREDIT CARD STATEMENTS AND A CERTIFIED COPY OF THE CASHIERS CHECK USED TO PAY OFF MY CREDIT CARD BALANCE.

    I COMPLIED WITH THEIR REQUEST, AND FORWARDED THEM COPIES OF THE REQUESTED ITEMS. THE CASHIERS CHECK FROM MY BANK CLEARLY SHOWED THE FINANCIAL TRANSACTION HAD BEEN COMPLETED AND THAT THE CHECK WAS DEPOSITED AT A FINANCIAL INSTITUTION USED BY THE CREDIT CARD COMPANY O/A JUNE 2000. PAST CREDIT CARD STATEMENTS WERE ALSO PROVIDED.

    I THOUGHT THIS ACTION TOOK CARE OF THE MATTER, BUT IN LATE FEBRUARY 2001 I WAS CONTACTED BY A CREDIT COLLECTION COMPANY IN FLORIDA HIRED BY THE CREDIT CARD COMPANY TO COLLECT $4,000 FROM ME. ONCE AGAIN, I EXPLAINED TO THEM THE SITUATION, PROVIDED THEM WITH ALL THE APPROPRIATE RECORDS, AND PUT THEM IN TOUCH WITH MY BANK. THIS WORKED TO NO AVAIL AND THE COLLECTION AGENCY SIMPLY CONTINUE TO HARRASS ME FOR THE NEXT SEVEN MONTHS, ACCUSING ME OF LYING, AND BOLDLY IMPLYING THAT THE $4,000 I OWED THE CREDIT CARD COMPANY WERE IN ADDITION TO THE $4,000 I HAD ALREADY PAID THEM, EVEN THOUGH I HAD PROVIDED THEM WITH ALL MY CREDIT CARD STATEMENTS, PROVING ONCE AGAIN, THAT I ONLY HAD A BALANCE OF $4,000 PRIOR TO THEM RECEIVING THE CASHIERS CHECK FROM MY BANK THAT SHOULD HAVE EFFECTIVELY ERASED THIS DEBT.

    LAST TIME I SPOKE WITH REPRESENTATIVES FROM THIS COLLECTION AGENCY CIRCA SEPTEMBER 2001, THEY STATED THE MATTER WOULD BE RESOLVED AND THAT THEY DID NOT EXPECT TO CONTACT ME AGAIN. ALL I ASKED FROM THEM IS A LETTER OF APOLOGY. INSTEAD, THE CREDIT CARD COMPANY SIMPLY HIRED ANOTHER COLLECTION AGENCY WHICH IN TURN CONTACTED ME VIA MAIL YESTERDAY (DECEMBER 30, 2001), ONCE AGAIN ASKING ME TO PAY AN OUTSTANDING BALANCE OF $4,000.

    I FEEL LIKE A DOG CHASING ITS TAIL AND GOING NOWHERE. I HAVE DILIGENTLY WORKED TO SOLVE THIS MATTER AND NOW I FIND MYSELF BACK TO SQUARE ONE. THESE PEOPLE HAVE HARRASSED ME AT HOME, AT WORK, AND VIA MY CELL PHONE. I HAVE PROVIDED ALL THE PROOF THEY NEEDED, YET THEY STILL MAINTAIN I AM THE ONE IN ERROR. HELP!!!

    WHAT LEGAL RIGHTS DO I HAVE??? WHAT ABOUT SUING THEM
    TO CLEAR MY RECORD AND ALSO FOR ALL THE TIME AND MONEY I HAVE SPENT IN PROVING MY CASE??? WHAT ABOUT THE HARDSHIP AND EMBARRASSMENT OF TARNISHING MY NAME AND MY REPUTATION, IN PARTICULAR WITH THEIR CALLS TO MY WORK AND THREATENING LETTERS????


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  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    You absolutely have a right to sue creditors that harass you. All of this is covered in the Fair Debt Collection Practices Act (FDCPA). You may recover losses plus up to $1,000 per violation and possibly attorney's fees as well. However, you must have notified the company in writing that you do not owe the debt, of which it seems you have done as well. You may have several other causes of action as well, including defamation. You should probably contact a lawyer to preserve your rights (you have a year to file a case under the FDCPA).
     

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