Anyway there is a certain CA who has an alleged account from a utility company... This utility company was shut off by me when I moved and yet they continued to bill me...
This CA listed this on my CR in 05 when I started using ohh what is it... Lexington... When I was using them in 04 this got knocked off... Well they resurfaced recently...
So I filed complaints with the MI AG... Mi dleg... BBB... Ftc... MI Department of Commerical Serivices...
While I was waiting I decided to fill out a FOIA... Never done this before but listening to others I thought I would try all I could before litigation... Well yesterday (Saturday) I recieved in the mail a nice little packet...
This certain CA... Has been doing ALOT of no no's... They have three complaints filed against them from the state alone... in the one complaint (second) they are alleged after an audit by the state:
4. Failing to deposit all monied collected into a trust account within 3 banking days after receipt, contrary to MCL 339.909 (1); MSA 18.425 (909) (1)
5. Failing to maintain sufficient funds in the trust to pay monies due or owing to clients less commissions owed the agency, contrary to MCL 339.909 (3); MSA 18.425 (909) (3)
6. Failing to deposit monies collected into its trust account, contrary to MCL 339.915a (h); MSA 18.425 (915a) (i)
7. Commingling monies collected for clients with the agencies general funds, contrary to MCL 339.915a (i); MSA 18.425 (915a) (i).
8. Using client monies in the conduct of agency business, contrary to MCL 339.915a (j); MSA 18.425 (915a) (j)
The owner admitted to 4,6 and 7 and was fined 10,000.00 and placed on probation for three years.
Then in 2002 (complaint still open) the Ca was audited again and this time he was accused of the following:
3. Failing to deposit all monies collected under Article 9 of 1980 PA 299, as amended, into a seperate trust account at a financial institution as set forth in section 909, contrary to MCL 339.909 (1).
4. Failing to maintain sifficient funds in the trust account to pay monies due or oweing to clients less monies owed the agency by clients in that at the end of the audit period, Respondent's trust account indicated a deficit balance in EXCESS OF $62,322.00 contrary to MCL 339.909 (3)
5. Failing to remit to clients monies collected, due, and owing less commissions owed the agency within 45 days after receipt of said monies, contrary to MCL 339.915a (k).
Now for the third complaint shown above (the first is over 10 yrs old) they didnt send me his response so I dont know if he responded or not. But the case is still open... So the CA is innocent until proven guilty on that one...
Still they have not provided validation... I even asked last time I called and nope I get a letter saying I can pay it with my current utlity bill. FDCPA violation there...
So go ahead and send them your money... There might be a chance the OC might not get it...
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