You can go to fair debt collection practices act . from what you say and from what is written in the fair debt act well they did threaten you and they did misrepresent themselves which is in breach of the debt collection act..
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Submitted 788 days ago...
Bill Collectors
I received a phone call from somebody describing themselves as a lead investigator. They said that Best Buy had filed in my county a case against me, of faud and theft. I have been getting phone calls from agencies for Best Buy for years, and I have always said that I needed proof of the debt, which I never received. Every time I said that if they sent me proof of the debt, I would pay it, however for one reason or another this proof was never sent.
So I get this phone call, and this lead investigator said that he used to be with the US Marshals office, and that if I did not pay the debt immediately he would contact my local police and have them come to my house and bring me to their station to be processed. The debt is for approximately $650, and he said that if it went to court I would have to hire an attorney, and with all additional fees I would end up paying about $5,000. So I of course paid the debt to avoid this hassle.
I want to know if this is legal and correct, or did this 'lead investigator' get one by me? He is in Georgia, and I'm in Chicago, and it struck me as odd that Cook County in Chicago would outsource to Georgia something like this. He said that he was in Chicago and picked up this file. Also, I was able to bargin and pay $400, and he said that he would have to check with Best Buy and put me on hold, which was for about 10 seconds. I just feel like this was a threat that they could not follow through with eventually.
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Awarded Answer (What’s This?)
Answer 1 / 5 - Submitted 788 days ago...
Answer 2 / 5 -
Submitted 787 days ago...
So they could not call the local police and have them come pick me up and process me for the charges he mentioned?
How do I contact the fair debt collection?
Answer 3 / 5 -
Submitted 787 days ago...
There is a site online...i am sure you will find all your answer there
Answer 4 / 5 -
Submitted 787 days ago...
Www.credit.com/credit_information/credit_law/title-
Answer 5 / 5 -
Submitted 709 days ago...
I went to the Fair Debt Collection as you suggested and sent an email some time ago, detailing the entire conversation. I have yet to receive a response. Since it's been over two months, I'm guessing I never will be notified if any actions were taken. Thank you for your advice.
This Question was awarded 709 days ago therefore you can no longer post an Answer. However you may post a comment below.
Comments
Comment 1 / 4 -
Submitted 709 days ago...
I searched what was suggested and sent an email. Hopefully it will produce results.
Comment 2 / 4 -
Submitted 709 days ago...
Ok here is what you need to do. They have obviously violated a ton of the Fair Debt Collections Act and you don't need to tolerate it. You need to send a validation letter by certified mail to their office. Here is a good template to use:
http://www.creditinfocenter.com/forms/sampleletter9.shtml
They have already committed several violations, but I have a feeling that you did not record these conversations, so we'll start from the beginning with the validation letter. By law creditors are required to show you:
1) What money is owed, broken down into principle, fees, interest, etc.
2) A copy of the original agreement signed by you
3) A notarize receipt from best buy saying they own the debt
They have to cease and desist all collection activity until they produce this evidence. If they call, I want you to record the conversation any way possible, but you need to be sure to tell them you are recording in order to use it in court. I guarantee if you do that they will follow all of the guidelines and stop using illegal scare tactics.
Here are some ways they have already violated the FDCA:
They have to send a letter via mail within 5 days of speaking with you telling the amount you owe and who is attempting to collect.
They are not allowed to threaten you with arrest or tell you charges are filed against you
They are not allowed to call you before 8am, after 9pm or more than 3 times a day.
Trust me - if you follow these guidelines, you will pay what you owe and not anymore (sometimes less) and the harassment will stop because they will know you are someone who knows what they are doing.
Best of luck!
Comment 3 / 4 -
Submitted 709 days ago...
Well I've paid that account already, and have not been contacted since. But thank you for the advice and information.
Comment 4 / 4 -
Submitted 702 days ago...
Yea anytime they call you and threaten to call the police its a scare tactic all he was was a collector and they are mean and nasty lol trust me ive had them call me all kinds of name tell me i was doing crack and all kinds of mess. Next time one calls you tell them go ahead and call the po po you will be waiting and tell them have a wonderful night at their lil desk lol cause you have to be sent a statement and then all they can do is order you to court never jail or cops come.
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