Lowes/GE Money Bank -- Round 3

[BrokeIn2010]

[jwmc1]

That's great...what are your plans?

[flyinbroke]

GE has a couple of letters to their legal department from me. If you wait, they hire dirtbags to do their dirty work. Both sets are getting intent to sue packets from me. GE got a copy and a request to arbitrate. The fines add up to 5-8 times what I owe. one stipulation of my settlement with the CAs is making the debt go bye bye...by them paying it. GE got this in their letter, too.

Give them a chance...they will send in the hounds. And you may be able to collect.

[AngelinaCatHub]

BrokeIn2010, That is one of the better ones I've read. I'll bet you could make money telling stories as funny as this true one. Good for you.

'Hub

[BrokeIn2010]

That's great...what are your plans?

Ch. 7, might have to do a 13, the lawyer's working on it. Thing is, since we told we've retained a lawyer the calls have got more...interesting, to use a word :lol: Half the time they don't even make it through the spiel before they say "Wait...oh we shouldn't be calling you should we? ~click~" Keeping a call log and turning over to the lawyer-- per his instructions.

GE has a couple of letters to their legal department from me. If you wait, they hire dirtbags to do their dirty work. Both sets are getting intent to sue packets from me. GE got a copy and a request to arbitrate. The fines add up to 5-8 times what I owe. one stipulation of my settlement with the CAs is making the debt go bye bye...by them paying it. GE got this in their letter, too.

Give them a chance...they will send in the hounds. And you may be able to collect.

I've had two attorneys (mine and mom's) tell me that: Let it go to some shit head collector, the shittier the better, and let them run that mouth till they rack up two or three times your debt in fines, then they'll more than likely zap the debt to keep from being countered sued for collections law violations.

[flyinbroke]

I had a lawyer tell me he would write the intent to sue letter for a contingency. He could not take the litigation as his case load was too much. Contingency for a letter just screams "I win". And I excel at writing, so I am not paying 40 percent of my "I win" for a signature with Esq. on it. No offense to the lawyers on the board.

In my case, they could not resist calling the cell with an autodialer after getting the letter. The CA got the intent to sue and the proposed complaint (and a copy of the complaint to the TX AG.) The OC got a copy of this and a letter saying that "as the parent company of the hired, contracted agency, you too can be found liable. By the way I exercise my right to arbitration through JAMS". (3K to start, creditor pays all.) One debt is 3200, the other is 9K. I am betting both are gone in two weeks.

[BrokeIn2010]

Round 4

-- They notified me this morning (by phone) that they are going to refuse any demands to cease the phone calls (be it by me or my attorney). They have special exception from the FDCPA (LOL) and they will talk to me whenever, however, and as often as they like. And that if I go forward with a bankruptcy action they will be forced to send it to their legal dept. for immediate (oooooh) processing.


-- Today: 2 calls from Allied Interstate Collections who claims GE Moneybank has sold them the debt 100%, and one from Mars Collections Services claiming to represent Lowes (funny, all three calls were from the same a-hole)

[rpertusio]

FYI: I don't think that you need to specifically get a "Yes" consent to recording the call. If you simply notify the other person on the other end of the line that you're recording at the very beginning of the call, then that is sufficient. If the creditor chooses to continue, then that's up to them!

EDIT: Sorry. If you're in a 2-party state, the lines may be grey there. You should get a specific "Yes" in those states ;)

- rp

[BrokeIn2010]

FYI: I don't think that you need to specifically get a "Yes" consent to recording the call. If you simply notify the other person on the other end of the line that you're recording at the very beginning of the call, then that is sufficient. If the creditor chooses to continue, then that's up to them!

EDIT: Sorry. If you're in a 2-party state, the lines may be grey there. You should get a specific "Yes" in those states ;)

- rp

TN, from what the lawyer says is a single-party-notify. So technically, if his explanation and my understanding of it is correct, I don't even have to tell them. As for the consent part, that's his idea: A "Cover your ass" deal to keep them from saying that they were recorded against their wishes or that I violated some clause in my cardmember agreement.

[flyinbroke]

Allied Interstate called me 42 times after receiving a DV/CD letter. (GE had NOT sold the debt; the mailing for the payment was still to them.) That works out to 64K in TCPA fines. Wait till FDCPA and state fines are tacked on. I owed 3200. The trick to playing chicken is knowing when to flinch. I don't flinch. I did ask for arbitration on this one since it is a win for me and way more than the original debt. I am picking JAMS (cost the creditor 3K to get rolling) and picking Vegas for my choice (I don't have a home office.) I think this one is a goner.

The other GE I have not offered up arbitration, but their hired CA racked up 55K in TCPA fines. I will be sending GE a letter with a copy of the complaint; the CA already got it.

They love the bottom feeders. Am finding out C(h)iti likes them too. I got a letter from them sending off to a lawyer if not answered in 30 days. The next day a bottom feeder starts calling. Game on for debt # 3.

[BrokeIn2010]

Dealt with NARS <eg>:


They called 12 times between 8AM and 2PM on Saturday. I told the guy that I had mailed them a C&D on the phone calls. He called me a liar, I said fine give me a fax number and Ill have it or your desk in a hour.

20 minutes after the fax is sent and confirmed:

Me: Why are you calling?

NARS Rep: Because you have a past due balance of...

Me: No...why are you calling? I faxed up a Cease and Desist

NARS Rep: Yes sir, we see that, but until we receive it in the mail.

Me: That isn't what the last rep told me.

NARS Rep: Uh...~whisper, can't hear it~..uh yes, well we know what he told you but...

Me: Is he authorized to negotiate on behalf of your company and make arrangements in regards to this account?

NARS Rep: Yes sir, but....

Me: No "but", he made an agreement, I have him on tape, which means your company is bound by my Cease and Desist that was faxed to you.

NARS Rep: Yes we are sir but....

Me: Thank you for confirming that your knowingly violated your agreement, I'll pass this along to my state's Attorney-general and my personal attorney...good day ~hang up~

Today the phone rang, but it was GE Moneybank itself, not NARS. They wanted to "discuss" the matter, I told them to put the offer in writing and mail it.

[nokia123]

Get a call from Lowes/GE Moneybank in house collections yesterday, let the fun begin:

Me: Hello.


GEMB: We are calling in regards to your GE Moneybank acount, we show you $166 past due [wrong, strike one it's behind but not that much]

Me: Hold a moment...do you consent to me recording this call?

GEMB: Sir?

Me: Do you do consent to me recording this call for possible future legal proceedings?

GEMB: Uh...~mumble,grumble,can't make it out~

ME: I don't speak grumble, yes or no?

GEMB: Yes (whispered: great,I got a shit head)

ME: Yes, why yes you did.

GEMB: I need to verify your info <reads off account number, phone, address, DOB, last four of the social>

ME: I confirm that to the best of my knowledge that the info you have read me from your record is true and accurate.

GEMB: (big sigh) Yes or no sir.

ME: <repeat above>

GEMB: I need one more piece of information sir. Can I have your banking routing number and checking account info to verify that you have a active account in order with which you can make payment.

ME: I'm sorry, but I don't give out that info to someone that calls me up in the morning and asks for it. How do I know this isn't a scam?

GEMB: (Pissed) SIR! I...HAVE...YOUR...ACCOUNT...INFO!!

ME: Don't raise your voice to me. You could have gotten that out of the trash for all I know. You called me. What I need is a call back number where I can request a supervisor to speak with, and I'll need a hardcopy of these supposed missed payments, cause by my count I'm only.....

GEMB: Oh for ....I'm going to put you down for refusal to pay!

ME: Okay...well my attorney will make a.....~click of her hanging up~

nice one, they don't know what to do when people fight back. lol i love it!!

[flyinbroke]

Nice work, they hate it when you refuse to just lie there and take it.

My first GE CA got their ITS yesterday. The second one still showing in USPS limbo (and it only goes across town.) GE (with the local CA) just sent me this lovely mail:

This correspondence is regarding the OC account referenced above.

As you are aware, your OC account is seriously delinquent.

Our records indicate tha tyou have not made an effort to bring your account up to date.

Unless we hear from you immediately, you may consider this to be our final notice that we will take whatever action is necessary to collect the balance on this account.

Maybe I will tell them I did take action to bring my account current...I decided to sue their hired gun CA and told them that in order to settle (among other things) that they have to pay it. Or I could include them since their assignee violated the laws and that makes them liable....muahahahahahaha.

[BrokeIn2010]

Oh those SOBs, now they're trying to soak us for my mother's JC Penney account. One of their stooges called up about the wife's JC Penney account. He started blathering on and I noticed that the balance was about 600 dollars higher. When I cornered this nutsack on the matter, he said that it appears as if the two accounts (my wife and my mother's) have been merged into one account. Come to find out it looks like this might be all the way back to sometime last year.

Got a call in to the legal beagle (he's in court), his secretary said to send a demand for an itemized debt validation to JCP/GEMB and then any charges, fees, or withdrawls that isn't ours or we question, we demand explanation and/or removal from the account and we could be owed a shite ton of cash. Then she said he or one of the partners might have us in after get it and see if there's enough to take it to a higher level against them.

[flyinbroke]

Hmm, I retained a lawyer too. I am sending my affidavits to him today; his demand letter will go to both the CAs and the OCs who happen to be GE Money. Did I mention he is working on contingency?

Pulling up a chair with popcorn, this is about to get good.