Any attorneys here? Question regarding debt collectors here.

[DaviDaVinci]

This is getting no where. I owed 2 hundred something to FirstUsa and didn't get my statements because they never changed my address on file. So I forgot about it since i never use that card. only used it a few times. A few months later I called to make sure they had the correct address and then they changed it to the correct one and sent me the bill. I got the bill which was over 3 hundred with late fees and interest. I called in to dispute to get the fees of my account. The lady told me that she'll take the original purchase amounts out of my bank's savings account and that the rest will go into dispute.

A couple months later I found out that my checking account had closed in my bank. Supposedly they took the WHOLE amount of 3 something out of my checking but i didnt have enough in it so the bank transfered the rest from my savings. This left me with a ZERO in checking and i had to have a minimum in there. Soon enough my checking account got closed by the bank.

I called FirstUSA about it and they said that the dispute had to be Faxed in so I was like the other lady told me otherwise. She said to fax it in and I did. A month later I got another billl from them for the SAME amount that they took out of my bank account. I was like WTF!!?!!?

So I called them and they said fior me to get all my statements from FIRSTUSA I have to FAX in the request. Anyhow i did that and never got them and they kept billing me and I never paid because they had already taken the amount from my bank and they kept telling me to FAX it in which i had done.

All I wanted was the FirstUsa statements and the bank statement to prove that the ACCOUNT was paid off already, not only that but that they took the money out without my permission and never sent me a letter regarding the result of the dispute.

Now the Collection agency is hassling me. The thing is that I rarely use my Credit Union bank account if ever. I had deposited only enough money in it to pay that FirstUSA bill. So i wasn't ON TOP OF IT trying to make sure everything was going the way it should be.

I told the collection agency the story and she pretty much told me to pay them or else. I called FirstUsa and now they;re telling me that i would never have recieved my statements because the collection agency has to request them. The agency never told me this and it seems like they're just trying to get me to pay.

The agency also tells me that they wont get the statements because it takes 8-9months.

So here I am being told by both parties that I can't get my statements. I should have kept all my previous ones in a safe place NOT THROW THEM OUT!!

Is there anything I can do to get all my statements from FIRSTUSA since I have been a member????

Thanks.

Davi

 

try DonVito. He is a lawyer...a DA, but perhaps he can get you in contact with someone or point you in the right direction if he doesnt know the answer

 

[FoBoT]

never deal with CC companies by FAX or PHONE , only in writing by US mail
your rigths are only preserved when you communicate in writing

 

[DaviDaVinci]

This all applies to me also. These collectors are a$$holes. The lady won't even LET ME TALK. Everytime I try to explain what's going on she just tells me "Are you going to Pay or Not?"

>Debt collectors subject to federal law are very highly regulated! Under federal law, a debt collector may not contact a debtor at unusual or inconvenient times. This includes calling before 9am or after 8pm. You also may not be called at work once the debt collector knows that your employer prohibits such calls. Finally, a debt collector may contact third parties only to try and locate you, and only if he does not disclose that he is trying to collect a debt.

>Federal law prohibits any conduct that harasses or abuses you. Debt collectors also may not use false or misleading representations or an unfair act or practice. Although the federal law gives some specific examples of conduct that may violate its provisions, it prohibits any conduct that is abusive, harassing, false, misleading or unfair.

>Under federal law, a debt collector must provide you with notice that you have the right to dispute the debt, and if you do, the debt collector must take steps to validate the debt. A copy of that verification must be mailed to you.

Oh and they call on Sundays, during church time. I think i'm being abused 😉 but really I just want my bloody statements so I can send them and my bank account statements to PROVE that FIRSTUSA screwed me over.

Can't believe how rude that lady is. She's from Alegis Group in Houston.

I told her to send me a statement so I know who I'm paying and to make sure she's not some fake. She said only after I make a payment by eletronic checking. She also said that my Bank Statement is NOT proof and that proof of payment is a returned PAPER check. She's being a hypocrite. As I see this, my bank statement SHOWS "FirstUSa" on it and the amount they took. I think that's better then a paper check.

I guess I was naive and never bothered to look up the rules and what not.

I'm going to start typing a letter right now to FirstUSA.

Who am I supposed to send this to? They give me the runaround.

 

[Medea]

FoBot gave you good advice. Put it in writing. The most important issue that should be contained in your letter is a statement that, pursuant to law, you are disputing the enclosed bill (enclose a copy). Fax it and mail it certified r/r/r.

 

[DaviDaVinci]

First USA told me today that i NO LONGER have anything to do with them and that I can only deal with the collector's. Is that true?

 

[conjur]

FirstUSA is giving me problems, too. I opened a CC account with them back in Oct. or so (I was unemployed and needed a way to get money for food/gas). I've NEVER received one bill from them but managed to make a couple of payments by phone so I was sure the account would keep in good standing.

I checked one of my free credit reports and found the account is now closed by the creditor and shows $122 over the credit limit (fees/interest).

:|

Well, I'm being forced to file bankruptcy this week or next so they'll be out that money. Still sucks, though...was hoping to avoid bankruptcy but I've no way out of it. 🙁

 

[DaviDaVinci]

Ok, I called FirstUsa again and they're telling me that they have nothing to do with me anymore and the Alegis Group is who I have to talk to but they won't even work with me. I asked them to request my statements and they keep telling me that they won't even bother to do that. So, WTF!?!?!

I can prove my innocence but they won't let me. "when diplomacy fails Part II"

 

[Garet Jax]

It's too bad that you ruined your credit over a few hundred dollars. 🙁

 

[Reel]

do not waste time trying to go through the collectors. you need to get this straightened out. it may turn out the only way to do so is through a lawyer. try to find one with a free consultation or speak with one of those debt consolidation places to see if they have advice or can recommend a lawyer with free consultation. a certified letter from a lawyer tends to get more results than calling.

 

[Rob9874]

>Debt collectors subject to federal law are very highly regulated! Under federal law, a debt collector may not contact a debtor at unusual or inconvenient times. This includes calling before 9am or after 8pm.

Is this true? I thought so too, but one time I was called by a collector at 7am on a Sunday. My wife asked if they were allowed to call that early, and the lady says, "Of course I'm allowed to call this early. If I wasn't allowed, I wouldn't be calling."

 

[DaviDaVinci]

they kept calling me at work, so the last time i just put them on hold until she hung up. the problem is not that its a few hundred dollars, the problems is that FirstUSA ALREADY took the amount owed out of my account without my permission AND rebilled me.

And the new bill i refused to pay and had called them to dispute it. Of course now i learned that I should have sent a ceritfied letter. too late for that. i just e-mailed the local DA. we'll see what happens.

The lady from the collectors agency was like "then why would they rebill you if they took the money out". I was like "I DONT KNOW, THAT's WHY I CALLED THEM TO DISPUTE IT AGAIN"

I think these people need to goto manner schools. They are freaking rude and loud as heck.