This so called "law-firm" has no clue what the FDCPA is or they just choose to ignore it. On 10/21 I received a phone call from a Ms. Lugo (possibly the most unpleasant person I have ever spoken with) She called me at work and made allegations and claimed I owed more then the creditor stated. We went back and forth for a few minutes finally with her hanging up on me. I sent her the following letter on 10/24.
Barry Serota & Associates
PO BOX 1008
Arlington Hts, IL 60006
Re:
Dear Sir or Madam:
I am writing in response to your letter dated 10/21, because I do not believe I owe that you say I owe.
This is the first time I've heard from you, or any other company on this matter, therefore, in accordance with the Fair Debt Collection Practices Act (FDCPA), Section 809 (b): Validating Debts:
(b) If the consumer notifies the debt collector in writing within the 30 day period described in subsection (a) that the debt, or any portion thereof is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information and documentation:
The amount of the debt
The name and address of the creditor to whom the debt is owed
Provide a verification or copy of any civil judgment (if applicable)
Proof that you are licensed to collect debts in (insert the name of your state)
Be advised that I am fully aware of my rights under the FDCPA and the Fair Credit Reporting Act (FCRA). For instance, I know that:
Because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification and documentation of the debt or a copy of the civil judgment against me and mail these items and documents to me at your expense.
You cannot add interest or fees except those allowed by the original contract or state law.
You do not have to respond to this dispute but if you do, any attempt to collect this debt without validation constitutes a violation to the FDCPA.
Also, be advised that I am keeping perfect records of all correspondence from you and any further attempts to contact me by telephone; you will agree that I may record our telephone conversations. I will hesitate to report any violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.
I have disputed this debt; therefore, until validated, you know your information concerning this debt is inaccurate. Thus, if you have reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB), then you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the FCRA, 1681s-2. Should you pursue a judgment without validation, I will inform the court and sitting judge, and request the case to be dismissed based on your failure to comply with the FDCPA, and all court costs and attorney fees to be assessed against you.
Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are aware of my dispute with this debt.
Sincerely yours,
Notice: This is an attempt to make a debt collector obey the law; any information obtained will be used for that purpose.
She replied with a faxed copy of invoices and a demand to pay within 10 days. On 11/04 I sent here the following letter.
Dear Ms. Lugo:
I am writing in response to your letter dated 11/03, because you did not satisfy my request pursuant to the FDCPA.
If the consumer notifies the debt collector in writing within the 30 day period described in subsection (a) that the debt, or any portion thereof is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
I respectfully request that you provide me with the following information and documentation:
The original landscape maintenance contract
The dates alleged services that were performed since 07/07
Proof that you are licensed to collect debts in the State of Illinois
You do not have to respond to this dispute but if you do, any attempt to collect this debt without validation constitutes a violation to the FDCPA.
Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are aware of my dispute with this debt.
Sincerely yours,
Notice: This is an attempt to make a debt collector obey the law; any information obtained will be used for that purpose.
On 11/11/04 she called me again at work demanding my fax number. I told her that I would not provide my fax number as it is not my obligation to provide information. She start yelling and another heated conversation ensued with her hanging up on me.
Thus far they have violated the following rules of the FDCPA.
806. Harassment or abuse
A debt collector may not engage in any conduct the natural
consequence of which is to harass, oppress, or abuse any
person in connection with the collection of a debt. Without
limiting the general application of the foregoing, the following
conduct is a violation of this section:
(2) The use of obscene or profane language or language
the natural consequence of which is to abuse the hearer
or reader.
(5) Causing a telephone to ring or engaging any person
in telephone conversation repeatedly or continuously
with intent to annoy, abuse, or harass any person at the
called number
807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection
of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:
(3) The false representation or implication that any individual
is an attorney or that any communication is from
an attorney.
(2) The false representation of
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may
be lawfully received by any debt collector for the
collection of a debt.
(11) The failure to disclose in the initial written communication
with the consumer and, in addition, if the initial
communication with the consumer is oral, in that initial
oral communication, that the debt collector is attempting
to collect a debt and that any information obtained
will be used for that purpose, and the failure to disclose
in subsequent communications that the communication
is from a debt collector, except that this paragraph shall
not apply to a formal pleading made in connection with
a legal action.
808. Unfair practices
A debt collector may not use unfair or unconscionable
means to collect or attempt to collect any debt. Without limiting
the general application of the foregoing, the following
conduct is a violation of this section:
(1) The collection of any amount (including any interest,
fee, charge, or expense incidental to the principal obligation)
unless such amount is expressly authorized by
the agreement creating the debt or permitted by law.
809. Validation of debts
(a) Within five days after the initial communication with a
consumer in connection with the collection of any debt,
a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such
verification or judgment will be mailed to the consumer
by the debt collector; and
(5) a statement that, upon the consumer's written request
within the thirty-day period, the debt collector will
provide the consumer with the name and address of the
original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original credi-tor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment,
or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the
30-day period may not overshadow or be inconsistent with
the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
813. Civil liability
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of (1) any actual damage sustained by such person as a result
of such failure;
(2) (A) in the case of any action by an individual, such
additional damages as the court may allow, but not
exceeding $1,000; or
(B) in the case of a class action,
(i) such amount for each named plaintiff as could
be recovered under subparagraph (A), and
(ii) such amount as the court may allow for all
other class members, without regard to a minimum
individual recovery, not to exceed the
lesser of $500,000 or 1 per centum of the net
worth of the debt collector; and
(3) in the case of any successful action to enforce the
foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.
On a finding by the court that an action under this
section was brought in bad faith and for the purpose
of harassment, the court may award to the defendant
attorney's fees reasonable in relation to the work expended and costs.
(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors
(1) in any individual action under subsection (a) (2) (A),
the frequency and persistence of noncompliance by the
debt collector, the nature of such noncompliance, and
the extent to which such noncompliance was intentional;
or
(2) in any class action under subsection (a) (2) (B), the
frequency and persistence of noncompliance by the
debt collector, the nature of such noncompliance, the
resources of the debt collector, the number of persons
adversely affected, and the extent to which the debt
collector's noncompliance was intentional. (c) A debt collector may not be held liable in any action
brought under this title if the debt collector shows by a
preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
0 comments