I received a fax cover sheet today with only the date, my name, my fax number, a file number, a representatives name, and under "Notes" it only said "please review", however, there was no second page sent to review. This cover page was obviously a lure for me to call.
When I called the number given on the fax someone claiming to be the attorney William Ficka said that they were trying to collect on a claim, that I was being sued by an individual who claims I flew to FL and broke into their vehicle last April and stole $7,000. When I asked to see the paperwork they had they refused, claiming that have email that I had written and that I had sent these emails via Hotmail.
SEVERAL things wrong here - 1) I don't own a Hotmail account. I'm not computer savvy so I had no idea what Hotmail was until this incident which prompted me to ask someone. 2) I have never received anything via U.S. Post from Ficka & Associates, I've only received the above described 1 page cover letter via fax. 3) I was nowhere near Orlando last April and I have proof of this. I'm sure if airlines were served with a subpoena they also would not be able to produce record of me flying. 4) If I had committed the crime that the individual who hired Ficka & Associates claims I did, wouldn't I have received something from the courts in Florida? 5) Who would be stupid enough to keep $7K in their car? 6) The person who filed the claim with Ficka has numerous - and I mean NUMEROUS - prior offenses for theft, which includes a prior conviction for computer harassment. I have copy of these records in-hand. 7) This is not the first time over the past year that this person has found a way to harass me, either through computer or phone.
The point is the person who "hired" Ficka & Associates is not credible and Ficka & Associates took the claim. Now Ficka & Associates is refusing to show me the paperwork that they claim to have that gives them the right to harass me and attempt to make a collection.
Take note that Ficka has a no-win no-pay policy.in other words, if they are unable to recover the debt, the person that filed doesn't have to pay the 20% recovery fee. That means that anyone can file a claim and risk nothing. How attractive this is to thieves!
I am filing a formal complaint with the BBB. As another person who posted here did, I will be sending a letter (notarized, certified & registered) to Ficka & Associates disputing the claim, asking them to send legal evidence proving the claim is valid, and telling them to not contact me again unless they are within the regulations of the FDCPA. I will not be answering phone calls from them and transferring any and all voice mail messages they leave onto a recording device.
From what I read on the FDCPA website, what Ficka is doing is highly illegal, so how are they getting away with it?
0 comments