Here is a Collect America/CACH, LLC/P. Scott Lowery nightmare for you to read. I would appreciate any help that is possible because I am stuck and out of ideas of what to do now!
My wife received calls from P. Scott Lowery in reference to a MBNA account that was sold as a charge off bad debt. The person on the other line stated that she must pay this account in full right now, which was roughly $700 more then what the balance actually was. My wife became scared not knowing what to do and handed me the phone.
I began talking to the person and informed him that we never even received a letter stating that they had control of a debt that was with MBNA. The man became irrate and stated that he was going to issue the paperwork to have a judgment placed against my wife if we didn't pay the bill! That irrated me due to the fact that I have worked in collections for 8 years at the time. I informed the paralleagl (YEAH RIGHT) that until I receive a letter I will not speak with them and disconnected the call.
Minutes later the same person called us back stating that disconnecting the call was not going to stop the collection activities. I informed the collector to put a supervisor on the phone immediately and he disconnected the call. I called back and finally got a supervisor, I explained what happened and the violations that have accured and the supervisor appologized and said that he would get the letter out to us. I informed the supervisor that I did not want anymore phone calls until I receive that letter (Verbal cease/desist is valid by FTC & FDCPA for 7 days with written letter received within that time frame). He said that is no problem and we disconnected the call.
I immeidately typed a validation letter (statements, application, license agreement to collect in my state, definition of charges, breakdown of charges, purchase amount, and recorded conversation with collector due to breach of FDCPA) with cease/desist attached to it and mailed it to CACH, LLC.
One week later I receive something from some kind of arbitration company. I called the company and explained that I am waiting for validation from the company and not to contact me again until I have the proof. Two weeks later I receive a credit card agreement and another arbitration packet. I contacted the company and informed them that this is not the information that was requested and not to contact again. Six days later I started receiving calls again from P. Scott Lowery/CACH, LLC. I informed after the third phone call that they are breaking FDCPA by even dialing my number with no validation as requested and that if they contacted me again I would be contacting an attorney to handle this and disconnected the call. After 9 more calls over the next 12 days the calls stopped.
We had not heard anything until my wife received a Writ of Summons stating that CACH, LLC is now trying to obtain a judgment against her. We responded to the summons with all the documentation and information that I am writing here and I will be darned if they didn't issue a judgment for CACH, LLC against my wife as of yesterday! What good is it to even try? I am stuck and have no idea what to do now.
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