Complaint Review: Diversified Consultants, Inc - Jacksonville Florida
- Diversified Consultants, Inc 10550 Deerwood Park Blvd., Ste. 309 Jacksonville, Florida United States of America
- Phone: 904-247-5500 or 800-771-5
- Web: http://www.dcicollect.com/dci.html
- Category: Collection Agencies
Diversified Consultants, Inc Debt collector's bullying and threats. Jacksonville, Florida
*Consumer Comment: Angry
*UPDATE Employee: I work here!
*Consumer Comment: hope this helps
*Consumer Comment: DIVERSI-FIRED !!!! TIME TO KICK SOME ARSE !!!!
*General Comment: diversified consultants calling me
*UPDATE Employee: Re: Judged
*Consumer Comment: Judged...
*Consumer Comment: Diversified Consultants
*REBUTTAL Owner of company: Response
*Consumer Comment: Some additional data on Diversified Consultants
*Consumer Comment: the 8th response is right
*REBUTTAL Individual responds: Discouraged
*Consumer Comment: Take control back. We did!
*General Comment: I love talking with collectors when they look for someone I don't know
*Consumer Comment: To MsMcdoograb
*Consumer Comment: They call CONSTANTLY
*UPDATE EX-employee responds: Don't be fooled
*Consumer Suggestion: My long-winded (but constructive) advice
*UPDATE EX-employee responds: His Name is Michael Mathew Anna
*General Comment: I know bill collectors can be a--holes
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I have been in debt for a bit now, and when I lost my job I was unable to make payments. I am also a full time student so it's been extremely hard, my only way to make any money is babysitting and I don't get very much. However, I thought that the best thing to do was tackle one bill at a time, and that is when I decided to contact Tmobile about my balance with them. I had received a bill for $230 a few months back, and by this time I was unemployed and had to borrow money every month to pay my phone, but when it reached that amount there was no way I could pay it and it ended up going into collection, that's how Diversified Consultants, Inc. ended up with my account.
I contacted them because Tmobile had told me my balance was over $500, which was inaccurate to my knowledge. When I spoke to a man at DCI I tried to explain to him my situation, and that my Tmobile bill had been $230, and I was willing to pay that and the late fees. However, he told me I was wrong and that after my $230 bill I still had THREE more phone bills to pay! This was news to me, I never received such 'bills' and I told him so. He even read names of my friends off my bill saying I had spoken to them in the months following that bill, which I found a bit inappropriate. I wanted to talk to someone else about my account, to see if he could possibly be correct, I asked if I should contact Tmobile to ask them, he said no that he was the final word in my account. How could I agree to pay a fee that I was unaware of? I told him I would be unable to pay that, and it needed to be lowered and he refused. He went off and tried to bully me into paying it, yelling at me, interrupting me, refusing to listen. The conversation got heated and I told him he was being a jerk to me, which must have set him off more. He continued to harass me and insult me and I was literally in tears by this point, he proceeded by saying "GET A LIFE!" and hung up on me.
I was in so much shock and all I could do was cry, but still I knew that this psycho should not be talking to me that way so I called back. The same man answered with "Jocelyne, what do you want", I asked to speak to his supervisor and he refused to let me, after all this abuse, and in tears I told him he was being an a**hole so he hung up on me. I called again and someone else answered, who also did not want to transfer me to the supervisor, was there no end to the amount of jerks at this company?
Finally I got through to the supervisor, who didn't exactly make me feel comforted. I tried to get myself together and talk through the tears and he interrupted me and continued to yell at me. Saying that I was wrong and that I had yelled vulgarities at his employee. I tried to speak but once again I could not get a word in, and he continued to yell at me. I told him that this was harassment and I would take legal action, he responded by chuckling and saying "Good luck trying to pay your bill, because we own it, good luck with your credit!" and hung up.
I have never in my entire life been in a situation as distressful as this, especially from someone who was trying to get my money. I did some research and they are known for their bullying techniques, false balances, and refusal to allow you any evidence of such balances. I am quite emotionally distressed over this, but above that what they have decided to do, not let me pay my bill, is illegal. It is BLACKMAIL for them to try and damage my credit because I didn't fall for their tactics, I am only a student trying to pay off her bills, I did not deserve this, and no one else does either.
This report was posted on Ripoff Report on 12/20/2009 05:56 PM and is a permanent record located here: https://www.ripoffreport.com/reports/diversified-consultants-inc/jacksonville-florida-32256/diversified-consultants-inc-debt-collectors-bullying-and-threats-jacksonville-florida-542778. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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#20 Consumer Comment
Angry
AUTHOR: joseph - (USA)
SUBMITTED: Friday, June 03, 2016
Your company does not harass me, but it does scream and yell without provocation when I call in. I have not been offered a reasonable settlement, so your desire to work with people is not evident to me. My account number is **********. If your desire is to negotiate a fair settlement, I will consider it. I see nothing to that effect yet...
#19 UPDATE Employee
I work here!
AUTHOR: Helpfull! - ()
SUBMITTED: Sunday, November 09, 2014
Hello first off i work here and FIRST OF ALL! Our collectors are NOT METH HEADS! I know im not! And second of all it is our job and duty to let you know that what ever account that we have of yours has been placed in our office and it is our sole purpose to help you get it taken care of!!!! And some of these accounts we are not dialing ourselves! So we have no control on the amount of times! The law lets us call from 8 am to 9 pm whatever time zone you are in. AND our company DOES play by the rules we are the #1 company in the country and we strive on helping those who are not able to afford the whole ammount!!!!!
Our motto: “Legal, Moral and Ethical”
This style of collections has been DCI’s secret blend of success in the ever changing global marketplace of collections and credit risk. Our pro-active and positive method of collecting money not only leaves the customer satisfied, but also boosts our client’s bottom line.
DCI’s customer service approach and client-first mentality has set the stage for one of the nation’s fastest growing agencies. When DCI completes the job, all parties involved walk away with a clear understanding of the situation and a resolution to the problem.
Above and beyond our innovative way of doing business, DCI offers cutting-edge services that maximize our client’s margins by utilizing the latest in security techniques and technology. Our unique approach and dedication to be specialized in one area of recovery has produced results that have left DCI standing alone on the top of the telecom collections world.
I am not angry at myself! I AM DOING MY JOB! People think of collecters as the scum of the earth but we are people too! I have kids i have to feed and i myself have debt collectors calling me! SO DO ME A FAVOR AND REMEMBER WE ARE NORMAL PEOPLE DOING OUR JOBS!!!!!!!!!!!
#18 Consumer Comment
hope this helps
AUTHOR: No name - ()
SUBMITTED: Monday, June 09, 2014
send them a cease and desist letter of calls and letter and if they refuse to stop report them to your state attorney general's office.It is illegal for them to threaten you.
#17 Consumer Comment
DIVERSI-FIRED !!!! TIME TO KICK SOME ARSE !!!!
AUTHOR: THEDOCTORISIN - ()
SUBMITTED: Tuesday, September 17, 2013
To: The nice person who wants to know their rights:
Please: I'm going to be short, and sweet.
Read the other comments on DCI, and take
some action: Remember: Collections people are
the meth heads and gutter trash of the business
world. That's no kidding.
Whether you got in their path by living beyond
your means, or you are a victim of Identity Theft,
or you owe money and you're sick and cannot pay,
or you are just playing the "debtor" game", these
people have to play by the rules, and if they don't,
you can take action !!!!! Don't be a no-action loser,
like most Americans. STAND UP. GET MAD if you
have to, then, settle down, and do something.
Most collectors are moral cowards down deep, where
they really live. They are people who have consigned
themselves to doing nothing, having nothing, and they're
the type of people who absolutely must let everyone
else do their thinking, and doing, for them. They take
these follector job, because they're angry at themselves,
but, like all moral cowards, they direct their anger and
angst at everyone but the guy in the mirror !!!
There's a lawyer near you who can nail these guys for for you. There's a thousand bucks in it for you. Get going on this. Take action. These people are nothing.
HES Grove, OK 74344
Don't ever use that word "blackmail" unless you know
know what you're doing and saying. Friendly advice.
Okay ? Good.
#16 General Comment
diversified consultants calling me
AUTHOR: casper - ()
SUBMITTED: Monday, March 25, 2013
Finally i decided to call the number back to see if i could find out who it was and it is diversified consultants, so i decided to do a search on the company to see who they are, and this is what i find.
Now i'm not sure i want to even answer the phone at all when they call, Should i go ahead and record the first call with contact i have with them? i have an app on my cell phone that automatically records any and all calls that come into my cell phone, Do i have to tell them our conversation is being recorded? I don't want to end up going to court and having them on a voice recorder and presenting it into evidence and then a judge tell me it's illeagle to record phone calls without permission and then me get into trouble for it. If someone could please let me know what i should do i would really appreciate it. thank you
#15 UPDATE Employee
Re: Judged
AUTHOR: DCI - (United States of America)
SUBMITTED: Tuesday, November 13, 2012
Judged,
Most collection agencies have the intent and ability to report delinquent accounts against credit reports. Obviously without the specific details of your case, I can not answer your questions completely. If you would like to discuss this matter and hopefully come to a satisfying resolution, please feel free to contact DCI at: consumersupport@dcicollect.com.
Thank you
#14 Consumer Comment
Judged...
AUTHOR: judged - (United States of America)
SUBMITTED: Wednesday, October 10, 2012
Thanks for all the great info... very informative! I am disabled and have a disability income and I received a summons for 2 old credit card bills that I could just no longer pay on because my circumstances have changed not allowing me to make further payments. I tried to reason with the credit card company to no avail.. I finally received a summons and ended up in court with 2 judgement's entered against me about 2 months ago.
I'm sure this has or will probably destroy my credit which I have worked to hard to keep at a decent level. I have been receiving non-stop calls from his company Diversified Consultants and when I go to answer the phone it automatically disconnects so I finally called the number back and that's how I found out who it was calling. I googled the name and found this site.
I would not want to talk to them at this point because I see how they treat people...but I do have 2 judgement's that were entered against me 2 months ago for 2 credit cards that I was just unable to pay on my disability income and I was wondering if anyone know of what I should do at this point to try and salvage or fix my credit. I do not know much about judgement's and what they do to your credit exactly...I just know it is not good! Bankruptcy may be my only option at this point but,l I hear that is not good either. If anyone has any helpful info for my situation and what my next move should be with these judgement's and saving my credit... please advise!! Thanks! Judged! : /
#13 Consumer Comment
Diversified Consultants
AUTHOR: kidokan59 - (U.S.A.)
SUBMITTED: Wednesday, October 10, 2012
Go to Radio Shack and ask the sales clerk for a phone recording device that will connect to a digital recorder. If you don't have a digital recorder you can buy one there. You have to use a phone that will connect to the device. The clerk will help you. Once you have everything in place just wait for the next call from any collection agency. When they call turn the recorder on and record the entire conversation.
I live in KY and 2 way recording is legal and you don't have to tell the other caller what you are doing. After you have been harassed and abused you can then look up on the net for lawyers that specialize in this type of work. My adopted son is a drug addict and did a number on my finances and my wife's. I have successfully sued 2 companies for lying and threatening me.
One of the callers actually told me he was going to have me Arrested if I didn't pay him 6500 by the end of the week, he almost had a heart attack when I told him I was a retired federal agent and I was recording the call. So I replayed the conversation for him and he hung up. I received $750 for one case and $1800 for the other.
The collection agency was Boudreax and Assoc. I didn't pay a dime and called them back the day I got the check to thank the caller, he didn't work there anymore.
#12 REBUTTAL Owner of company
Response
AUTHOR: msb - (United States of America)
SUBMITTED: Saturday, September 15, 2012
Thank you for your comments and suggestions. Personally, I have been so discouraged by this company. I only have 75.00 dollars left to pay, so I just want them out of my hair. To think there are people out there who treat people so poorly is beyond my comprehension. I really hope CARMA bites them in the a**. On a side note, the bottom line is that they are threatening me that if I miss a payment that are going to report me to my credit, even if I tell them that I will pay them in two weeks. I can tell my bank that they can't authorize the payment, however, can anyone let me know if they have a right to, indeed, report me to my credit if I miss my last payment of 75.00? Personally, I would ABSOLUTELY LOVE to call them up, tell them I can't pay until two weeks, and reply with, "you can shove the 75.00 up your a** because I know my rights and you can't bully me around like this". God, I can't stand this company!
#11 Consumer Comment
Some additional data on Diversified Consultants
AUTHOR: Tagurit - (USA)
SUBMITTED: Saturday, September 15, 2012
To msp in Nampa FL.
If you go to Justia you can find what appears to be 132 cases filed against Diversified Consultants, Inc. I do not have a PACER account (paid account to access the lawsuit details) - perhaps someone else does. But it does appear several of these cases are progressing up the chain to the circuit courts of each State which is a fairly solid indication that Diversified Consultants is breaking the law. Some
additional info below.
Cases 1 - 20 of 132
Buchannan v. Diversified Consultants, Inc.
Filed: September 11, 2012as 1:2012cv02410
Updated: September 12, 2012 00:37:49
Plaintiff: Eric Buchannan
Defendant: Diversified Consultants, Inc.
Cause Of Action: Fair Debt Collection Act
Court:Tenth Circuit Colorado District Court
Type:Other Statutes Consumer Credit
McDaniel v.Diversified Consultants, Inc.
Filed: September 7, 2012as 6:2012cv01372
Updated: September 10, 2012 23:43:07
Plaintiff: Paul McDaniel
Defendant: Diversified Consultants, Inc.
Cause Of Action: Fair Debt Collection Act
Court:Eleventh Circuit Florida Middle District Court
Type: Other Statutes Other Statutory Actions
Olson v. Diversified Consultants, Inc. of Florida
Filed: August 31, 2012as 2:2012cv13877
Updated: September 14, 2012 06:02:07
Plaintiff: Barbara Olson
Defendant: Diversified Consultants, Inc. of Florida
Court:Sixth Circuit Michigan Eastern District Court
Type:Other Statutes Consumer Credit
Olson v. Diversified Consultants, Inc. of Florida
Filed: August 31, 2012as 2:2012cv13874
Updated: September 4, 2012 06:31:45
Plaintiff: Barbara Olson
Defendant: Diversified Consultants, Inc. of Florida
Court:Sixth Circuit Michigan Eastern District Court
Type:Other Statutes Consumer Credit
Also, it appears they may have access to your bank account because you have allowed them to draft it directly. Unfortunately this was a mistake. I would highly recommend closing that account and/or what I assume is a debit card associated with that account to prevent this situation from happening again because clearly there is no way to trust them not to create another overdraft situation.
Because you have not provided any information, its unclear on whether or not they can report it to the credit bureaus and impact your credit rating. Have a look at the FDCPA and FCRA to research your rights and what can and cannot be reported to the credit bureaus. In the meantime be aware collection agencies such as this one often pursue debt that is past the statute of limitations because they are unethical bottom feeders.
Its important to understand when was the debt incurred and what is the statute of limitations on debt collection for your State, is this a Federally backed student loan, etc. Collectors will often attempt to trick someone into paying on a debt past the statute of limitations and once you do so, you restart the counter and youre screwed. This is why when dealing with a debt collector you should never make a payment without first researching your rights. Also record every call if you can and do not ignore any summons for court as they could get a summary judgment against you if you are not present to defend your position.
Good luck.
#10 Consumer Comment
the 8th response is right
AUTHOR: msmontecarlo - (USA)
SUBMITTED: Saturday, September 15, 2012
Let the machine get it then it will be recorded. If any collection agency threatened me by saying they will kick down my door I will say "Go for it then you will be greeted with my 9mm. Then after that the coroner will take your body out of my home in a bodybag
#9 REBUTTAL Individual responds
Discouraged
AUTHOR: msb - (United States of America)
SUBMITTED: Friday, September 14, 2012
Hello,
Basically, I need help. Out of curiosity, I wanted to learn more about this unethical company, Diversifed Consultants. In my opinion, this company should be held liable for their harrassment and abuse towards others. Without going into too much detail of what they have done, and feeling like I am going to get too emotional over it, they are threatening me if I miss one payment. I told them that some of this is because of my ex and, with trying to get back on my feet and barely making ends meet with paying rent, buying food, and in grauate school, they have threatend me by saying if you don't pay this then we are reporting to your credit. Grandted, nothing has hit my credit in almost three years and I am trying to keep it that way. I feel so powerless over all this. Granted, I did some of this myself, but they have given me no room and negotiation. I feel like they have me "locked up in jail" and I am so angry. Just recently, out of not wanting to even talk to them, I allowed it to hit my bank, which caused me to get an overdraft item at 37.00. Then, from my records, I have that I was not supposed to make a payment to them till a certain time. Well, in their records, supposedly, they stated something different and it caused me to go overdrawn, again. Thankfully I told the bank what happened and they were understanding. In addition, I told them that I didn't want them to go into my account and just take out the money. They said that if I didn't allow them to use my card then they would report me to my credit. I feel like this company is such a joke and full of harrassing people that I wish someone would put a stop to their actions. To top it off, it is a complete joke reading their posting about services they offer. I guess if harrassing people makes them feel confident in their work, it is pretty sad. I am so angry at them and REALLY WANT TO KNOW WHAT MY RIGHTS ARE. Granted, I only have 75.00 left to pay, but this whole experience has really made me feel violated, angry, pissed off, etc., to the point that I don't want to even to anyone over there anymore. Can someone please stand up and put, excuse my french, these a**holes in their place?
#8 Consumer Comment
Take control back. We did!
AUTHOR: Biglon - (United States of America)
SUBMITTED: Wednesday, July 18, 2012
The Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are there for you to use. USE them and the suggestions contained herin. They are laws put in place to head off this kind of unethical behavior by some self absorbed people who feel like they are allowed to talk down to people. Believe me when I say Karma WILL get them.
Take back control. When you follow the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) you can actually take the debt out of their hands and they won't get squat from you.
#7 General Comment
I love talking with collectors when they look for someone I don't know
AUTHOR: Steven - (U.S.A.)
SUBMITTED: Wednesday, April 25, 2012
I will give them a few chances to rectify the situation on their own (remove my number from their database) but after that I just verbally abuse them and insult their mother, fathern, husband, wife, or girlfriend.
Another fun thing to do is just pick up the phone and say wait a minute I will be right back and walk away or continue watching TV until I hear the tone that the call was disconnected.
The bad thing though is that at some point the collection agency will give up and put the account back out to collections for someone else who picks up where they left off.
#6 Consumer Comment
To MsMcdoograb
AUTHOR: Tagurit - (USA)
SUBMITTED: Wednesday, April 25, 2012
I think Tim's advice is good. Although it is called a Cease letter not a Cease and Desist. To MsMcdoograb, if you really want the calls to stop or to get even, find out which agency is calling you look up their info on the internet and send a certified return receipt letter to them with your phone # telling them you are not the debtor, you do not know them, and they are to cease calling you immediately. If they call again sue them under provisions of the FDCPA - in other words at least get paid for your inconvenience. I've typically found a certified letter to their HQ or email stating the same eliminates the calls almost immediately.
#5 Consumer Comment
They call CONSTANTLY
AUTHOR: MsMcdoograb - (United States of America)
SUBMITTED: Tuesday, April 10, 2012
I can only imagine what I would have done in your situation. They have been calling my phone for days now for someone that doesn't even live here. Worse yet, everytime I try to talk to someone to remove my number they act like they can't hear me and then hang up. Furthermore I just called them back and the man that answered laughed at me when I told him to remove my number. I'm a fight fire with fore kind of girl so I plan to just have fun with them each time they call. If they are going to be a jerk then I'll be one right back ???
#4 UPDATE EX-employee responds
Don't be fooled
AUTHOR: FormerEmployee - (United States of America)
SUBMITTED: Monday, May 17, 2010
Now this long winded as heck rebuttle to what you can do to get these guys on recording and get paid off their mistakes, is obviously an employee of the company, most likely Michael Anna himself. I looked at a map of where "Tim" lives, and it's right across from Buffalo, NY where he's from, heck every one that knows them know's they are from Buffalo. i mean come on, who from the state of Michigan who come to the defense of this company. Heck there's more debt in the that state then almost anywhere in the country (auto industry state). Though i'd hate admit it, "Tim" is right. you can take his advice and go that route, but in the end these people can't just treat you like your a peice of trash either. I leave it up to you as to what you should do.
#3 Consumer Suggestion
My long-winded (but constructive) advice
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Wednesday, May 12, 2010
Welcome to the ugly side of the world of credit and debt! You seem new to this, so I will take the time to give you a full-on attack plan. I'm a long-winded fella to begin with, so this will take a while. But I guarantee you that, if you follow the steps I have lined out below, you will have done everything you can do short of hiring a lawyer. Beyond that, you will put a stop to the phone calls and verbal abuse. YOU will take control of this situation.
Debt collectors are some of the nastiest people going, but bear in mind that they have a job to do, and they are a necessary evil in our society. That being said, the way you are doing things right now is giving them all the control. You need to take back the reins. I'm going to try to help you do that in a few simple steps:
1. Take a deeeep breath and let go of your emotions regarding this situation. By getting upset you are putting your anger and frustration in the driver's seat. This will get you nowhere (you've probably figured that out already).
This is a business/legal issue. It's not a personal relationship or anything else worth getting all that upset about. In the long run, this whole matter will be of little consequence.
2. Forget about lawsuits or any other kind of vengeance for the time being. You don't have a case against this agency (yet). They are not required to be nice to you, and what you have described is NOT blackmail. Also, even if you did have a case, you're never going to get more than $1000 out of a lawsuit against a collection agency except in very limited and very complicated circumstances.
Ok, so now let's fix your problem . . .
3. First you need to find out which credit reporting agencies (CRAs) this debt has been reported to. You can do this by going to annualcreditreport.com and obtaining your government-mandated free credit reports (you can only use this service once per year). DO NOT go to ANY other site offering free credit reports. On a side note, NEVER use sites like freecreditreport.com - always use annualcreditreport or go directly to the individual CRAs.
Review the credit reports and look for any entries by T-Mobile (or whatever their parent company is called) and/or this collection agency.
4. Now you need to dispute the amount of the debt through the formal channels set up bythe CRAs. Each CRA has an online dispute form (one of them requires that you print it out and mail it, however). Find and complete these forms. Be as specific as possible. State that you do not owe the debt at all and, if you do owe something, it is not as much as they are claiming. Print/make copies of everything you submit.
Now, everything that you mail out (and this goes for the other steps as well) has to be sent by certified mail with return receipt requested. This way you can show not only that your documents were received, but also when they were received. This may be necessary down the road.
Once the CRA receives your dispute, they are required to make a notation on your report stating that the debt is disputed. They are also required to demand that the collector/creditor provide evidence that the debt is valid and that the amount claimed is correct. If the collector/creditor fails to provide this evidence, the CRA is required to remove the item from your report. Bear in mind, however, that the collector does not have to prove that you owe the debt. They merely have to come forth with some documentation showing that the debt exists and that you owe it.
5. Next, you need to inform the collection agency that you are disputing the debt. There is no per se requirement that they do anything in response to your over-the-phone dispute. They DO, however, have to take action in response to a written diuspute. Send them a simple letter wherein you explain that you are disputing your liability on the debt as well as the amount of the debt claimed ("I don't owe this debt and, if I do, then I don't owe as much as you say"). Attach any evidence you have that substantiates your dispute.
Upon receiving your dispute, the collector/creditor must inform the CRA that the debt is disputed (yup, this means that both the collector and the CRA have a duty to ensure that your credit report reflects the true status of the debt). Also, if they don't already have it, they must obtain documentation from the original creditor showing that you do have liability on the account and that the amount claimed is correct (again, absolute proof is not required).
If they cannot obtain verification (again! verification is not the same thing as proof!) of your liability on the debt then they will likely be prohibited from taking any further collection action, and they will likely be required to inform the CRAs that the debt should be removed from your reports. Likewise, if they can only verify that you owe a portion of the debt, they should be prohibited from collecting any more than that, and they must then inform the CRAs of the adjustment of the amount claimed.
6. Now you want to stop the collection agency from calling you or anyone else in regards to the debt. A simple google search will provide you with some fine "cease and desist" templates. However, I would advise that you make sure the letter only orders them to cease telephone communications and states that the order is not intended to cover written communications. This way they can still advise you by letter of any changes made to your account, and you won't be forcing their hand (prompting them to bring a lawsuit) by cutting off communications entirely.
7. Sit back and wait. You should hear from each CRA and the collector within 45 days.
8. If each dispute is resolved in your favor (the debt is either wiped out or reduced to what you think it should be), pay off any remaining balance as soon as possible. Check your credit reports 30 days after you've settled the account to ensure that the report has been appropriately updated.
If none of the disputes are resolved in your favor you will have to either: pay the full amount claimed (either in a lump sum or via a payment plan); try to negotaite a lower settlement amount; file bankruptcy; ignore the situation and hope it will go away before they sue you; or take the matter to court and try to obtain a "declaratory judgment" in your favor (a judgment ordering them to reduce the amount owed or wiping out the debt entirely, very complicated and not really practical for a $500 debt).
If any of the CRAs resolve the dispute in your favor, but the collector does not, then the items will be removed from the pertinent credit reports, but the collector will nonetheless still be able to take action against you. However, your ability to negotiate a favorable payoff settlement is greatly increased in this circumstance because they can't hold some or all of the credit reports over your head.
You won't run into the situation where the CRA finds against you but the collector finds in your favor. That's just not going to happen. At any rate, be sure to check the reports a month or so after everything is said and done to ensure that the required updates have been made.
After you have sent out your disputes and the cease and desist letter, and while you are waiting to hear how the disputes are decided, I urge you to familiarize yourself with the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA). ALL of the advice I have just given you is based on those two very important laws. You can find both of these Acts, as well as some great explanatory material, on the FTCs website at ftc.gov. Avoid sites that are aggressively anti-collection agency (such as budhibbs.com - I know the RoR readers love this site, but there is alot of misinformation there).
9. If you haven't heard back from everybody within 60 days then you need to make some calls/write some letters to figure out what's going on.
Follow these steps and you'll be in the best position possible without a lawyer. You will want to get a lawyer, however, if any of the following occur: 30 days have passed since you filed your disputes and the item is still on a credit report and is NOT showing up as disputed; ten days have elapsed since you sent out the cease and desist letter and you are still receiving phone calls; ANY other person (relative, neighbor, employer, etc.) is contacted regarding the debt; or, finally, you receive any threat of legal action or an actual summons.
May the force be with you!
#2 UPDATE EX-employee responds
His Name is Michael Mathew Anna
AUTHOR: FormerEmployee - (United States of America)
SUBMITTED: Tuesday, May 11, 2010
I hate to sound like a broken record, but you need to get these guys on recording. it's the only way to show what they've been doing and how they've been acting. i'm a former employee of the company. florida is a "right to know" state. you have to get them to agree to be recorded. the best way i've found that works is "we're both under the agreement that this call is being recorded". they are being recorded and so will make them slip up and just act the way they usually do on the phones. once you've gotten it, take it to an attorney in your area and he'll get you your money from these people. probably about 5-7,000 depending on the infractions and attorney fee's. hope this helps.
#1 General Comment
I know bill collectors can be a--holes
AUTHOR: Steph - (USA)
SUBMITTED: Saturday, December 26, 2009
I know these bill collectors can be a--holes if any of them treated me they way they did you I would hang up on them and of they called back I would not answer the phone of thier # shows on my caller ID. I would not pay the bill collectore but tmobile directly I know times are hard right now but there are some people that are selling Avon. You might want to check into that. I am not trying to pry I'm only to help . Avon even has a website so you can check it out
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