My case is very similar to a lot of previous cases mentioned. First Data has a contract with a signature on but not with their own salesperson. We sold the business and they took the machine back, but started dunning us and telling us that we still had to pay them for three more years. They have turned it over to a collection agency that has a worse reputation than themselves called McCarthy, Burgess and Wolff.
I started fighting back last month with certified letters to Both of them demanding validation.instead, they keep calling and writing me with more threats. They continue to violate my FDCPA rights and I'm definitely keeping my records, but they continue to harass because they haven't had to spend any monies yet.
I have filed complaints with the FTC, ACA and the Ohio Attorney General's office. All are investigating them now. There are court rulings on line that show that they are violating my federal rights because one of the rulings in Indiana has declared that a simple contract is not a validation. They can't have different figures with themselves and their collection agency.
I'm building my case with a good paper trail and intend to file in small claims court. Because they refuse to spend any money, they have nothing more than a very crappy contract to contend with. I will stay in touch and give the final results. Let's keep sharing the horrors of these characters.
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