Post by daval on Oct 31, 2021 11:55:22 GMT
Recently I have been approached several times by scammers claiming to collect on a "supposed" debt from 2010-2012 which they cannot even tell me the actual company/date of the account. The usual nonsense has commenced even to the degree of a text message. I let the person calling know that I have an attorney and had "her" (aka my alter ego) call him. He refused to provide information. So a week goes by and this is the message I receive on my attorney's line:
Dear Customer,
As you are aware, you have a small pay day loan bill of $1495.30 that remains unpaid. We feel we have done everything possible within reason to collect the money you owe us. We have decided that unless you make immediate plans to repay us this money, we will write this debt off our books and claim it as “bad debt loss” to the IRS.If you fail to respond us the Charges will be pressed against the name are:
1. Violation of federal banking regulation act 1983 (C)
2. Collateral check fraud
3. Theft by deception (ACC ACT 21A)
NOTE: THIS CASE IS UNDER INVESTIGATION UNDER MAJOR CREDIT BUREAUS.
Did you know that any money you owe us and don’t pay should legally be declared as “additional income” for you or your business during the year in which you incurred the debt?If we decide to write off this debt, we will use IRS form 1099-A which will show the IRS that the $1495.30 became income for you and bad debt for Advance Cash Services.Please, for your sake, pay this bill or contact United Fast Cash to set up some type of Settlement plan for you. If we have not heard from you within 2 days of the date of this e-mail, we will submit papers to the IRS to initiate action. Here is a simple question: Do you really want the IRS poking around your tax returns to see if you claimed that money as income? Wouldn’t it just be easier to pay your bill?
Yours sincerely
USA.FAST CASH
LEGAL GROUP OF ATTORNEYS
Phone number removed - JC Please see link
scambaitingforum.com/thread/846/post-phone-numbers
I responded back with the following:
Sir: My name is Jacqueline Kane, Esq. I have spoken with my client and she has never opened an account with any of your subsidiaries. However if you still insist that this is a valid debt please provide IN WRITING within 5 days of this message. According to the Fair Debt Collection Practices Act (FDCPA), you are required to act within the confines of this federal law and any state law including collecting on a debt that is past the statue of limitations. You are required to act accordingly in the realms of professionalism. This includes the following: This federal law also prohibits debt collectors from using false, deceptive, or misleading practices. This includes:
Misrepresentations about the debt, including the amount owed
Falsely claiming that the person contacting you is an attorney
Threats to have you arrested
Threats to do things that cannot legally be done, or threats to do things that the debt collector has no intention of doing.
A debt collector is also not allowed to harass you. In addition, there are state and other federal laws that generally prohibit practices that might be considered unfair, deceptive, or abusive acts or practices.
If you intend to continue to collect on this debt please provide in WRITING to the following address the proof of debt including date, address on record and full amount borrowed to Miss ****** who will follow up with me to resolve if it is deemed valid. I have already alerted my local courts and law enforcement to the issue and they will contact me directly.
Response
The company won’t provide any black or white.
While applying for these loan company haven’t requested any paper work from your side, however if you are requesting it we can simply forward for the legal consequences. Soon you will received the court summons at your door step and there after we are not able to help you out.
A few minutes later I received a call from their Agent, and let them know that the SMS message I received. (Again as the Attorney), the gentleman was playing along and it was obvious that they did not have a clue that I knew what they were up to.
Please note the statue of limitations in Florida is 5 years and if they are a real collection agency which they aren't, this just made the debt null and void. I would also like to note that I did not take out a loan in those years.
I am waiting to find out if they call me back again this week, since the Agent claims to be with the Inspector General.
Dear Customer,
As you are aware, you have a small pay day loan bill of $1495.30 that remains unpaid. We feel we have done everything possible within reason to collect the money you owe us. We have decided that unless you make immediate plans to repay us this money, we will write this debt off our books and claim it as “bad debt loss” to the IRS.If you fail to respond us the Charges will be pressed against the name are:
1. Violation of federal banking regulation act 1983 (C)
2. Collateral check fraud
3. Theft by deception (ACC ACT 21A)
NOTE: THIS CASE IS UNDER INVESTIGATION UNDER MAJOR CREDIT BUREAUS.
Did you know that any money you owe us and don’t pay should legally be declared as “additional income” for you or your business during the year in which you incurred the debt?If we decide to write off this debt, we will use IRS form 1099-A which will show the IRS that the $1495.30 became income for you and bad debt for Advance Cash Services.Please, for your sake, pay this bill or contact United Fast Cash to set up some type of Settlement plan for you. If we have not heard from you within 2 days of the date of this e-mail, we will submit papers to the IRS to initiate action. Here is a simple question: Do you really want the IRS poking around your tax returns to see if you claimed that money as income? Wouldn’t it just be easier to pay your bill?
Yours sincerely
USA.FAST CASH
LEGAL GROUP OF ATTORNEYS
Phone number removed - JC Please see link
scambaitingforum.com/thread/846/post-phone-numbers
I responded back with the following:
Sir: My name is Jacqueline Kane, Esq. I have spoken with my client and she has never opened an account with any of your subsidiaries. However if you still insist that this is a valid debt please provide IN WRITING within 5 days of this message. According to the Fair Debt Collection Practices Act (FDCPA), you are required to act within the confines of this federal law and any state law including collecting on a debt that is past the statue of limitations. You are required to act accordingly in the realms of professionalism. This includes the following: This federal law also prohibits debt collectors from using false, deceptive, or misleading practices. This includes:
Misrepresentations about the debt, including the amount owed
Falsely claiming that the person contacting you is an attorney
Threats to have you arrested
Threats to do things that cannot legally be done, or threats to do things that the debt collector has no intention of doing.
A debt collector is also not allowed to harass you. In addition, there are state and other federal laws that generally prohibit practices that might be considered unfair, deceptive, or abusive acts or practices.
If you intend to continue to collect on this debt please provide in WRITING to the following address the proof of debt including date, address on record and full amount borrowed to Miss ****** who will follow up with me to resolve if it is deemed valid. I have already alerted my local courts and law enforcement to the issue and they will contact me directly.
Response
The company won’t provide any black or white.
While applying for these loan company haven’t requested any paper work from your side, however if you are requesting it we can simply forward for the legal consequences. Soon you will received the court summons at your door step and there after we are not able to help you out.
A few minutes later I received a call from their Agent, and let them know that the SMS message I received. (Again as the Attorney), the gentleman was playing along and it was obvious that they did not have a clue that I knew what they were up to.
Please note the statue of limitations in Florida is 5 years and if they are a real collection agency which they aren't, this just made the debt null and void. I would also like to note that I did not take out a loan in those years.
I am waiting to find out if they call me back again this week, since the Agent claims to be with the Inspector General.
