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first source advantage complaint

Discussion in 'Debt Settlement' started by chrissty, Jan 5, 2012.

  1. chrissty

    chrissty LoanSafe Member

    ok guys I need your help here -- so I try to settle with these guys on 12/31 -- but they refused to email me a settlement letter and i didn't have a fax -- so I had to set up a fax. took me a half hour but I called them back with a fax number and the manager gets on and says settlement is voided.

    so, there that goes, I settle with someone else. During the time I spoke with them, I verified my contact information. In fact it was the second time I had spoken with them

    Now, yesterday they call my mom saying they need to speak with me regarding my acct and they give a ref number. Today they call my neighbor and say to her that their manager was rude to me on the phone last week and they want to apologize to me. -- she sends me an email saying she got a weird phone call -- and lists their phone number and who she spoke with -- she also stated that they tried to get info out of her about me -- work number or cell --

    so -- I reported them to the FDCPA today. what else should I do to protect myself? --


    any ideas? thank you
  2. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Wow I cannot believe they are actually trying to get your neighbors involved in trying to collect the debt. Unless you gave them permission for them to speak with your neighbor as a third party is is not legal for the collection agency to contact them.. I would send them a letter right away certified mail to cease all communications with everyone expect yourself.. I would also suggest filing a complaint with the Consumer Financial Protection Bureau as well:

    https://help.consumerfinance.gov/app/ask_cc_complaint

    http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

    COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—

    (1) to advise the consumer that the debt collector’s further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt.
    (d) For the purpose of this section, the term “consumer†includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
  3. Cat Damiano

    Cat Damiano Mortgage Wars

    chrissty,


    File the complaint as Evan suggested and send a cease and desist letter;

    Fair Debt Collection Practices Act (FDCPA) - Federal Law

    15 USC 1692c
    § 805. Communication in connection with debt collection

    (a) COMMUNICATION WITH THE CONSUMER GENERALLY.
    Without the prior consent of the consumer given
    directly to the debt collector or the express permission of
    a court of competent jurisdiction, a debt collector may not
    communicate with a consumer in connection with the collection
    of any debt;

    (1) at any unusual time or place or a time or place known
    or which should be known to be inconvenient to the
    consumer. In the absence of knowledge of circumstances
    to the contrary, a debt collector shall assume that the
    convenient time for communicating with a consumer
    is after 8 o’clock antimeridian and before 9 o’clock
    postmeridian, local time at the consumer’s location;

    (3) at the consumer’s place of employment if the debt collector
    knows or has reason to know that the consumer’s
    employer prohibits the consumer from receiving such
    communication.


    Sample Debt Collection Cease and Desist Letter



    Today's Date
    Your Name
    Your Address
    You Loan Number

    Collector's Name
    Collector's Address



    Dear Debt Collector, (Insert Name)


    I am writing to request that you cease your communication with me. The Fair Debt Collection Practices Act specifically states in Section 805(c), referencing ceasing communication that you must cease all communication with me after being notified in writing that I no longer wish to communicate with you.


    Therefore, I require that you stop calling me at work. In addition, do not call or communicate with any third party acquaintance of mine per section 805(b)2 of the Fair Debt Collection Practices Act.


    According to the FDCPA’s federal guidelines, I understand that once you receive this letter, you may only contact me to inform me that you:


    • are terminating further collection efforts
    • are invoking specified remedies that are ordinarily invoked by you or your company
    • intend to invoke a specified remedy.
    Be advised that I am aware of my rights, and that I am keeping records of all correspondence and communication from you and your company, including tape recording all phone calls. If you continue calling me, I will pursue all available legal actions to stop you from harassing me and my family.


    Signature
    Your Printed Name
  4. chrissty

    chrissty LoanSafe Member

    thanks guys -- I am taking care of this as we speak -- will send letter out to them today -- and I did file a complaint with the fdcpa yesterday as well -- I hope these guys get what they have coming for them -- way out of line
  5. chrissty

    chrissty LoanSafe Member

    thank you for the letter -- that was very helpful :)


  6. IOAlot

    IOAlot LoanSafe Member

    Chrissty,

    I know you previously mentioned that Amex sold this account, if that is the case disregard the rest of this post.

    I was under the impression that Amex rarely sells it accounts, If first Source is collecting for them, raise a stink with Amex, tell them about the failed settlement and now this. You may have to try to speak to someone higher up and perhaps you can convince them of your intent to try to settle this matter, but not with an agency that acts in that manner.
  7. chrissty

    chrissty LoanSafe Member

    hey ioalot -- nice to see you again -- I am going to call amex also this weekend -- when I called them quickly I spoke to a lower level employee and they said that the contact people were first source -- and he said they sold it to them, but I can still see the account online when I log in -- it also takes payments if I wanted to --

    so I am going to make sure and let them know as well about the problems with that company ---

    I'd rather deal with nationwide than them anytime -- these guys are real jerks -- esp that manager - he should be fired -- he's such a hot head --
  8. IOAlot

    IOAlot LoanSafe Member

    Just got a call from (716) 564-4905 which 800 notes says First Source. The only accts I have left are FIA/BOA and Cap 1 and Cap 1 says they will have the acct for another 2 months, so im guessing its for my wifes FIA (my BOA called today). Ill have to keep a close eye on them as well.
  9. chrissty

    chrissty LoanSafe Member

    even though its based in buffalo ny I've never spoken to anyone else except for india -- they are really pushy -- esp the managers -- and hard to understand --
    apparently stupid as well


  10. IOAlot

    IOAlot LoanSafe Member

    Yep, its FIA. Its only 120 days late, I was hoping to deal with FIA/BoA around 150 days. Well see.
  11. chrissty

    chrissty LoanSafe Member

    well I spoke with an attorney today and he agrees they crossed the line. so we'll see where we go from here. could have went better if they didn't contact my neighbor. I also called amex up and they said they did sell the account to them. so amex is not responsible for their behavior --

    be careful -- and write everything down. make sure you get letter from them too if you settle. let me know how you do

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