Showing posts with label debtor abuse. Show all posts
Showing posts with label debtor abuse. Show all posts

Sunday, April 06, 2008

Boudreau and Associates Continues Cycle of Abuse, Thank You Robert Paisola


Robert Paisola,

Wow, very impressed with your work. Listened to several of the phone conversations. They made me relive the horrible experience I went through with a manager from Boudreau.

After withdrawing for Bankruptcy in December 07. Filed in May 07. It kept getting continued until we filed to withdraw in Dec.

I entered Freedom-debt elimination. Boudreau says they do not deal with this company. I backed out on an unreasonable settlement after reading some of their bad press. They continued to threaten with legal action. Have made numerous calls to my office using alias names. When I told them there was no way I could pay 2,800 for 3 months, the manager came on the line. I'll never forget how I felt during that call. He was very good at his job.

I never been spoken to in that way or with such tenacity. He played every angle, and if I had the 8,400 I would have driven to him that day. He belittled my morals, my integrity, my way of life.

By the end of the call, and after I would not agree to pay, the Manager began yelling that all deals are off. Don't even try to pay this debt. They are going to hold this up for 10 years then file a lawsuit and hit me for way more than I would have paid them.

One month went by. I received a call at my new place of business from them Friday 4/4. I have until Wed. to call them back with my offer. They're giving me one last chance to pay. They say they want to settle.

I don't know what to do. I would love to pay this debt at the lower rate, but not after the way I was spoken to.

The last conversation also had threats of legal action. They keep saying that freedom debt will not represent me when they serve me.
Should I offer them 500 a month, should I send them the certified letters, I just want this to end.

Thursday, March 27, 2008

Thank You Robert Paisola for helping against Allied Interstate

Dear Mr. Paisola,

Although, I already have legal counsel, I just wanted to commend you for your efforts against Allied Interstate. I, too, have been harassed and threatened by these goons. They have threatened to garnish my wages, take me to court, report my account to the credit bureau, and they have all been incredibly rude. I even sold my car to my grandmother so I didn't have to worry about them coming and taking it. This all started In July. A student loan through Sallie Mae got sent to Progressive Financial (collection agency) although I had been paying. What happened was they had applied my payments to other accounts and never bothered to correct that mistake. So I settled with Progressive in September. Matter closed. Or so I thought. In January, I start receiving auto dial calls, which I just hung up on. I had no idea who they wanted to reach, and I wasn't going hang on hold for someone that I didn't know and didn't call in the first place. Then I got a letter telling me I owe over $2,000. I knew I had received no statements from Sallie Mae in that amount, and I figured out that the amount they were trying to collect is the amount Sallie Mae should have written off. My mother ended up talking to them and they threatened to garnish wages and sue me. She didn't know at the time that the debt had been settled through someone else and agreed to pay $50/month. Thank goodness she didn't end up doing so. Then I spoke to a guy (I certainly wouldn't use the term gentleman) who was incredibly rude. He was sarcastic, he implied I was lying when I said that the debt had been settled, and he would not listen and kept saying he didn't understand or get it. It was as if what I was trying to say was in Latin. He then threatened to garnish my wages and sue me. I took a deep breath and tried to explain again slowly. He got nasty and said gritting my teeth won't make him go away. He also said not to talk to him like I do my kids (I have no kids, thank you) and try to make him feel stupid. I got angry, told him I wasn't going to put up with his snide mouth and hung up. After this call, is when I hired my attorney. A few days later, I get another call. This time, I have until 2.28.08 to pay or else they're going to sue me. When I explained I don't owe it, he said yes you do. I said I already took care of it, and besides that, I had never received anything from Sallie Mae stating that I owe the amount Allied is trying to collect. He said "yes you did, many times." I said, unless you've been somehow stealing from my mail box, I'm well aware of what I do and do not receive. I said look, I'm tired of you people threatening and harassing, and he denied that he was doing anything of the sort. He then asked if my attorney was going to pay the debt, which is a bizarre question. I said no. He said then how is he going to pay it. This guy is totally off his rocker by this point and I don't even know what he was saying. I kept saying "excuse me" because I wanted to give him the name and number of my attorney, but he wouldn't shut up long enough for me to do so, and I hung up on him. I have received another letter. This time they want to settle for a lesser amount and if I don't respond in 10 days. they may not offer the settlement anymore. I don't care because I don't owe anything. Also they said that if I don't pay, Sallie Mae can report my account information to the credit bureaus. If they do that, I'll have their hide since I already paid and I have proof. I've been receiving at least two calls a day. Most of the time, no one says anything. I am pretty sure it's Allied trying to harass me. The next time I spoke to a person from there, I discussed nothing. I simply gave him my attorney's name and number...and they STILL CALLED! They called today, in fact. My dad told them they had the wrong number. I can't even answer the phone anymore because I just am sick to death of these crooks. It's incredibly stressful. I have filed a lawsuit against Allied Interstate. I don't even care if I get money from them, I just don't ever want to hear from them again. I also want the $2000 written off like it should have been in the first place. I want my peace of mind back, and it would be great to answer the telephone without worrying about threats being made. I'm sure that is mild compared to many of the stories you've heard regarding Allied. I have listened to the "Nicole phone call", and that woman is a nightmare. I am just glad that you are helping people that are in the same boat as I am to fight back against these cons. No one should have to put up with that. If you wish post my story on your website, please feel free to do so. If you do, I only ask that my last name be omitted. If you don't that's cool, too. I just want to voice my support of your efforts. I cannot understand how Allied Interstate is still in business. Keep up your great work against Allied. The more people that fight back, the more people will be aware of Allied Interstate's criminality. And if enough people fight them, maybe, just maybe we can get Allied Interstate gone once and for all.
Stay strong and keep fighting.
Erin

Friday, March 07, 2008

What Debt Collectors Can't Do, Posted by Robert Paisola

What Debt Collectors Can't Do

By Michelle Singletary
Thursday, March 6, 2008; D02

One business is going strong in this flagging economy: debt collection.

And with a growing number of collectors chasing down debtors, complaints are also rising about how debts are being collected.

The Better Business Bureau expects the number of complaints to rise once 2007 figures are calculated. The trend has been upward in the past few years. In 2006, complaints about debt collectors were up 21 percent from the previous year, according to Edward Johnson, president and chief executive of the Better Business Bureau in the District.

"With the current state of the U.S. economy, we are forecasting an all-time high in the number of complaints against the industry," Johnson said.

The Federal Trade Commission said it received 69,204 debt collection complaints in 2006, more than the agency received against any other industry.

After reviewing some recent consumer complaints, Johnson said people have been upset that collectors were contacting neighbors, friends and employers, and making disparaging remarks in an effort to shame the debtors into paying up. "Consumers should accept responsibility for their debts," Johnson said. "However, they do not have to accept abusive collection tactics. They need to know their rights."

Under the Fair Debt Collection Practices Act, debt collectors are required to treat you fairly and are prohibited from using certain methods.

A federal court recently entered a final order against a Florida debt collection agency that used misleading dunning letters and abusive telephone calls to falsely suggest that consumers would be sued, their property seized and their wages garnished if they did not pay what the company said they owed. The collectors were accused of shouting and using abusive language.

The case was brought by the FTC, which held that the company had violated the Fair Debt Collection Practices Act. The act applies to those who collect on personal, family and household debts, including car loans, mortgages, charge accounts, and money owed for medical bills.

Here are some of your rights as outlined by the Better Business Bureau:

¿ Debt collectors may not contact you at unreasonable times or places unless you agree, or at work if you tell them that your employer disapproves. That means no calls before 8 a.m. or after 9 p.m.

¿ Collectors generally cannot contact you after you write a letter to the collection agency telling it to stop. The agency may still inform you if the debt collector or creditor intends to take some specific action. And by the way, this letter does not absolve you from the debt if you actually owe it. You could still be sued by the collector or the original creditor.

¿ Collectors cannot contact your friends, relatives, employer or others, except to find out where you live and work.

¿ They can't tell the people they call or contact that you owe money. And collectors generally are prohibited from contacting such third parties more than once.

¿ They aren't allowed to harass you. This means no threats of harm to you or your reputation and no profane language. They also can't harass you by inundating you with telephone calls.

¿ They cannot make any false statements, including that you will be arrested.

¿ They can't threaten to have money deducted from your paycheck or to sue you, unless the collection agency or creditor actually intends to do so and such collection is legal.

Certainly many debt collectors abide by the law. Many adhere to a code of conduct mandated by ACA International, the Association of Credit and Collection Professionals.

"We do not believe the debt collection industry is out of control," said Rozanne Andersen, executive vice president and general counsel for ACA International.

Andersen said the industry has a great deal of communication with consumers and just a fraction of all those dealings lead to discontent.

"Our mantra is to treat consumers with integrity and respect," she said.

If you are contacted by a debt collector, you have a right to a written notice, sent within five days after you are first contacted, that lays out the amount you owe. The letter should include the name of the creditor, and what action to take if you believe you don't owe the money. If you think you have been falsely accused or don't owe the amount claimed, contact the creditor and collection agency in writing.

When debts are collected honestly and fairly, it holds down prices for all of us. But if you feel you are being harassed by a debt collector, you should contact the Better Business Bureau, which may be able to help mediate the situation. Also contact the ACA.

If you're having financial trouble, don't accept harassing behavior from a debt collector. Just because you're a debtor doesn't mean you shouldn't be treated with dignity.

If you are a victim of debt collection abuse, please send a detailed letter outlining exactly what happened, including the name of the company, the collection agancies informtion and contact info to investigations@mycollector.com

Wednesday, February 06, 2008

Contemplating Suicide over Debt because of Edible Arrangements Franchise Agreement, Robert Paisola Responds

Sir:

I found your site while researching North Carolina law and the responsibility of surviving relatives. I am at the end, seriously contemplating suicide because I do not know what to do.

I am 52, single/divorced living with my Mother and two daughters. I have 3 children aged 24, 24 and 20 that I raised since ages 5 & 18 since my former was gay. I am an RN for 30 years, successful in the case management field.

I created a life plan for age 50-sell my home in NJ in 2005 was a great time and I made a good profit, moved to NC and my mom moved with me, bought an Edible arrangements franchise and opened in Hendersonville NC.

My Moms health became worse, and the franchise is growing but I am at a point entering the 3rd year that I have not broken even, am in serious debt, the franchsior is only interested in $ (I am on a steering committee to organize franchisees and we have hired Robert Zarco to represent us-there are many issues),
I live on my moms SS money, worked last year in addition to running the store, my son defaulted on his car loan of which I cosigned,.........

I am at my wits end---I owe the state of NC 10,315.00 and I must call them Monday to discuss how to handle this or they will take legal action, I have tried unsuccessfully to sell, corporate does not answer my emails, I have no $ to get ready to Valentines Day, I run the store with only 2 people........I feel I have done all I can. My Uncle has helped me............................

So, I honestly do not want to end my life but I see no other option. I would be ok if the store sold even to pay off my debts...........but that will not happen.

Please help me

Kim