Last week I called the representative arm (Consumer Finance division) of the attorney general's office. I asked if she could look into an unregistered out-of-state collection agency attempting to communicate to me. She asked for all my information (original dunning letter, my repsonses, my request for debt validation, their feeble response, etc). I sent it all to her. I received an email from her office today that they had spoken with the manager of the out-of-state collection agency and forwarded all the material I sent the AG's rep back to the CA. (The collection agency should already have record of this.) The AG's representative said that the CA has until August 15th to explain their actions against a citizen of Oregon. Is it common for Consumer Finance divisions to be so proactive in responding to a legitimate complaint frmo a citizen? Or, do i just happen to live in a very proactive state? Or, do folks seldom bother to contact their AG's office to look into a violation of state statutes? I made it clear to the representative that I am having financial difficulties and just want support when it comes to enforcing the state statutes. She asked that I send her everything I had when I believe a CA or collection attorney is violating state statute. While I don't care to gain any financial footing (sueing CA's out of compliance,) it appears that I have stumbled on another method of buying time, at least from unregistered out-of-state CA's. I would advise everyone dealing with the option of bankruptcy and fending off CA's to dutifully learn their state regulations, and get a return on the taxes you pay as a citizen of your state.
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TH, you are living proof of the good things that can happen when a state cares about its citizens. It would be fantastic if all states would be as responsive as Oregon is in these kinds of debtor harassment cases (although I don't think that's the case). But you never know unless you try contacting your state's agencies that deal with consumer issues when you are being legitimately harassed by a creditor.
Here's a link to the rules that all collection agencies MUST abide by when trying to collect from you before filing bankruptcy - http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtmI am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Some state agencies are HIGHLY responsive. I think CPO is finding this true as well.
There ARE good people out there. People who GET what's really going on in this country.
That's why they call them public servants, and my experience is that they are just like you and I. A lot of these people have higher ideals than their (d)uperiors.
Go for the Mom/Grandma types in the Clerk's Office. Be very polite.
Be prepared. They hate BS and they can smell it a mile away, the bloodhounds.
Avoid eye contact with young/cute/bossy heifers (ain't gotta clue). These are Rookie Clerks.
My own experience, and I'm a hen. Got no clue what it's like fer Roosters .....
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You are absolutely correct. I was humble and even suggested a bit of humility in that I was having financial problems and was concerned that some collection agencies were not playing by the rules. I think many folks view their state dept. of justice or attorney general's office as if it were there to provide legal advice to them. They are not. However, they are there to look after their citizenry and look into complaints lodged by folks referring to possible violations of state statutes and laws.
I can almost imagine a conversation:
Not-so-bright debt collector: "Who's calling please?"
State AG's rep: "This is so-and-so from the "state" attorney general's office."
Not-so-bright debt collector: "Uhhhhh..."
Who knows what happens next, but I would guess that to many CA's a phone call from an attorney general's office is not good.
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Companies DON'T LIKE receiving mail or phone calls from the Attorney General's office....... it means their "liscense" is on the line..... either from a complaint or bad dealings they've done to somebody....
Just as the Attorney General does not like attorneys that "screw over" their clients. The Attorney General holds their liscense to practice in his hands....at will...
When the Attorney General sticks his nose into a situation - IT'S A WHOLE NEW BALLGAME...... and he wins!!!
Same principal works with your State Senators ad Congressman...
In the past I have used the Attorney General's services to put the clamps on a car dealer that screwed me over on a warranty... When it was over, I had a warranty (that I was supposed to get - at the dealers expense), and an apology letter from the dealer - all within 30 days...
Years ago when Social Security gave my mother benefits that she was not entitled too, then years later they discovered it and WANTED IT ALL BACK (thousands and thousands of dollars), for benefits, medical bills, etc.... I called my local Senators and Congressmen....
I sent letters in writing to them, sent copies of everything, and stated that I did not feel responsible to pay Social Security back for THEIR SUPIDITY AND LACK OF TRAINING ON THEIR PART OF THEIR STAFF....
At the time, my mother was bedridden - stroke victim for 4 years - and on pension only basis.
At the time Social Security insisted that she receive benefits, EVEN I KNEW she was not qualified to receive them - BUT THEY INSISTED...... SO BE IT!!! (Even I know you have to pay into Social Security to reap the benefits from it - you have to have so many quarters paid in). And my mom was in a generation that paid very little into Social Security and some not at all.
Then 4 years later, after all the benefits had been paid out for medical bills, etc, - THEY DISCOVERED THEIR ERROR AND WANTED THEIR MONEY BACK..............."I DON'T THINK SO"!!!
Thanks to the efforts of the Good Lord and our Congressman and Senator, Social Security was forced to "write off" their errors of stupidty and lack of training of staff........in the amount well over $200,000.
SO YES, it does pay to contact your civil servants..... that's why they are in place!!! Let them work for you thats why we elect them.....
Believe me when I say we do have an advocate in the Attorney General and our Congressman and Senators.... And they waste no time getting an answer.....
Use them freely......to your benefit....
My experience,
MinnyLast edited by Minnymouth; 08-08-2007, 09:05 AM.Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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State agencies can be very responsive, especially if you can provide them with really good, unimpeachable evidence of collector malfeasence.Originally posted by HenriettaHen View PostSome state agencies are HIGHLY responsive. I think CPO is finding this true as well.
There ARE good people out there. People who GET what's really going on in this country.
That's why they call them public servants, and my experience is that they are just like you and I. A lot of these people have higher ideals than their (d)uperiors.
Go for the Mom/Grandma types in the Clerk's Office. Be very polite.
Be prepared. They hate BS and they can smell it a mile away, the bloodhounds.
Avoid eye contact with young/cute/bossy heifers (ain't gotta clue). These are Rookie Clerks.
My own experience, and I'm a hen. Got no clue what it's like fer Roosters .....
In a way, you have to do some of their work for them, then they ride in on the white horse and hammer the collectors in a bid to please the electorate....
...of which more and more seem to be in deep financial trouble.
It's less hassle than the court route, although you won't earn damages from the state visit to your favorite collector.
Kinda fun to see them shut down, handcuffed, 'printed, jailed and bailed like a drunk driver. Then the assets are seized and those big splashy headlines...
Kinda like Bass & Associates in Florida. Those dirtbags don't have the clothes on their backs as of a week ago or so...
I got a giggle out of it...
CPO
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As you mention, CPO, its a bit different than suing a collection company yourself, but it does seem to effective at ridding yourself of pests. Of course, i suspect the account will show up somewhere else; eventually finding its way to a collector in my state.
My newest challenge is an attorney collection company out-of-state. I actually called them and recorded my conversation and requested they send me written notice of the debt within the five days allowed by the FDCPA. I was being a bit proactive. They went through the entire "Right now, I'm your best friend" act. LOL They said they would get it in the mail. They are also not registered, so I'll send their letter and a digital copy of the phone conversation to the Consumer Finance Division here.
I found a new digital recorder by Olympus that allows you to transfer the recording to PC. I have to set it by my cell phone with the speaker phone on, but the recording comes out crystal clear.
Evidence is evidence.
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