Here is a recent debt collector interaction I had that may be of use or interest to you.
“Mr. Thompson, [Jack Smith] calling from ABC. Return call here. I’ve been asked to obtain a statement from you. My number is _ _ _ _ _ _ _ _ _ _ extension _ _ _. I will here until 7:00 p.m. Eastern time. . . . hoping to hear from you again.”
This was the right mix of vague on the one hand and yet sounding like it had something to do with a legal process on the other hand.
I had never called him. He was NOT returning my call.
We had never spoken. So he could not hear from me AGAIN.
As you can see there was no mention of debt in the message. But, my ongoing concern is that some disreputable collection attorney tries to blindside me with a lawsuit by not properly serving me with it. That way he would get a default judgment without me even knowing about it. I might add that all my debts are past my state’s statute of limitations.
So out of my bogus lawsuit concern, I returned the phone call. And, the debt collector attempted to deftly step around the half and whole lies in his voice mail message.
First he informed that ACS (his company) was a debt collector, and that he was calling about an old Chase credit card debt and implied he was calling for Chase. I told I had not received a Mini-Miranda notice and disclosure from his firm. He told me he had given me notice at the beginning of the call, and he had. But, he did not say anything about debt collection in his voicemail, and THAT is a violation of the FDCPA. No doubt he knew that.
Then, I asked him how old the debt was. He danced around that question. He told me that they had been sending mail including a Mini-Miranda to an old address of mine for six months. [But of course he called me and found me at my correct address.]
I asked him specifically when the payments had stopped and when the debt defaulted. He told me sometime in 2005. I then asked him if he realized my state’s statute of limitations was six years from the time of the first missed payment. He said he did.
I also told him that I did not discuss me financial affairs over the telephone with strangers. I told him to send me a collection notice in the mail, and I would respond to it with a demand for validation. I also told I would be demanding original creditor documents like a contract and a full accounting of the debt.
He said, “You know that is not going to happen.” I replied, “Ah, so you work for a junk debt buyer?” [They cannot produce or obtain original creditor documents.]
“What is the name of the company.” He told me the name. I suspected that it was part of his debt buying/debt collection enterprise.
Then he said, “How is it you know so much about this process? . . . Listen we can settle this tonight for 10 percent of the original amount owed.”
I laughed and told him I was not going to waste anymore of my time with him and hung up.
Do you know your state’s statute of limitations? Do you know what a mini-Miranda is? If you have credit card debt you cannot afford to pay, it is time to educate yourself about non-payment of credit card debt.
Debt collectors are powerless. They are not attorneys. You do not have to talk to them. They can only tell scary lies and be abusive.
In this video I breakdown the deceptive and illegal nature of another debt collector voice mail I received.
Here is another video of an example of a very abusive and illegal telephone call from a debt collector.
If you have credit card debt you cannot afford to pay, here is how to educate yourself to solve your problem, defeat debt collectors and plan for a positive future without debt.