8886224773
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- anonymous replies to Fales, Certainly| 6 repliesNope, haven't ignored anything as you allege. I'm not in cahoots with that whacko c12347 either - he ain't from our planet! Let me identify the subjects (bracketed by *) described in the three 809(a) items we differ on and strip them of all modifying language. Do you get it now?
(3) A *STATEMENT* TO THE EFFECT THAT unless the consumer, etc.
(4) A *STATEMENT* TO THE EFFECT THAT if the consumer, etc.
(5) A *STATEMENT* TO THE EFFECT THAT upon the consumer’s, etc.
Among the inept, ignorance is bliss. Send the paperwork! - Fales, Certainly replies to anonymous| 5 repliesPaper must only be sent to Validate the Debt if the consumer Requests it within 30 days of the initial contact. This request MUST be submitted in Writing.
- anonymous replies to Fales, Certainly| 4 repliesYes, but the collector must first send the 3 required statements to the debtor *BEFORE* the debtor makes said request. Required in writing within 5 days of initial contact if not given at initial contact. Do you not understand this very simple concept? Among the inept, ignorance is bliss.
- Fales, Certainly replies to anonymous| 3 repliesYou just shot yourself in the foot.
You wrote:
Required in writing within 5 days of initial contact if not given at initial contact.
Notice the "IF" you used. You're 100% correct
Of the five pieces of information they're required to give you, 3 of them are conditional on your sending them a written request. - anonymous replies to Fales, Certainly| 2 repliesNo, I've not shot myself in my foot, you should stop gloating before you choke on your own words. You have completely failed to understand what's required by 809(a) but since you're inept, you can't recognize where your error is. The 3 statements are equivalent to the Miranda rights that police give suspects they arrest. Suspects do not have to ask the police in writing for the Miranda statement. Police are required to give the statement unconditionally to arrestees. Similarly, collectors have to give the 5 items, 3 of which are the required "Miranda" statements, to debtors at initial contact, or failing that, to send it in writing within 5 days of initial contact. After debtors receive the 5 items and understand their rights, they have 30 days to pursue items 3 through 5 in writing and collectors then respond in writing. What happens is collectors *never* "Mirandize" debtors and won't send written notice and this is the paperwork I refer to. Once alleged debtors learn their rights and ask in writing, much of these alleged debt will melt away because most of this ancient debt does not come with the paperwork to prove the debtor owes the debt and scammers, of course, have none -- this is why I keep saying "send the paperwork." You confuse these 3 required no-need-to-ask-at-or-within-5-days-of-initial-contact "Miranda" *STATEMENTS* with the ask-in-writing-within-30-days *ANSWERS* and blissfully keep pounding on the ask-in-writing part when you don't even understand the 809(a) language. Among the inept, ignorance is bliss. Send the paperwork!
- ??? replies to anonymous| 1 replyEach of those 3 statements include the condition "Consumer requests in writing within 30 days."
- anonymous replies to ???Your "Consumer requests in writing within 30 days" refers to the procedure consumers must follow in order to get *ANSWERS* from the collector. This is *NOT* what I'm talking about. I'm talking about the "Miranda" *STATEMENTS* in 809(a)(3) through (5) that require collectors to simply *TELL* consumers what their rights are and what procedures they must follow to preserve those rights and *NOT* the *ANSWERS* that debtors could get from collectors if they so wished. Do not confuse these 3 no-need-to-ask-at-or-within-5-days-of-initial-contact "Miranda" *STATEMENTS* *required* from collectors with the 3 *optional* ask-in-writing-within-30-days-if-debtor-so-wishes requests. If a debtor does not want any answers, he simply does nothing but the collector is *still* required to provide the 3 "Miranda" *STATEMENTS* at initial contact or in writing within 5 days of initial contact. Please do not be as dense as Fales.
- LA CENINIENTA| 1 replySAME THING HAPPENED TO ME !! SOMEONE CALLED SAID I NEED TO CALL BACK OR I WILL HAVE A BENCH WARRANT !! I NEVER HAD EVEN A TRAFIC TICKET BEFORE SO WHY THEY ARE TELLING ME THAT I HAVE A CRIMINAL CASE AGAINST ME...I GOT DIVORCE 15 YEARS AGO AND THIS COMPANY IS HARRASSING MY 90 YEARS OLD MOTHER IN LAW, MY SISTER IN LAW MY EX ..SOMEONE NEEDS TO STOP THE HARRASSMENT PLEASE JUST BECAUSE I DID NOT PAID MY BILL? ... I GUESS HALF OF AMERICA WOULD HAVE A BENCH WARRANT.
- Caller: UNKNOWN
- Call type: Debt collector
- anonymous replies to deleted postWell, let's see here, you call posters "dumb internet beef" (hint: these are hateful words) while characterizing replies that haven't even been written as being hateful? Are you inviting a war of words?
No one here says debtors shouldn't their debt but debtors should *not* pay scammers. Legit collectors obey the FDCPA and those who don't will be treated like scammers. Deception is banned by the FDCPA, shilling is deception, this collector uses shills and abuses debtors as written up elsewhere on this thread so this collector will be treated like a scammer.
If you, "who cares," don't care, why are you posting here? - anonymous replies to LA CENINIENTAThreatening you with a bench warrant is *ILLEGAL* per the FDCPA. Read up on what collectors are allowed to do here http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
- David replies to CynthiaEntitled to your opinion, even though you may well be a plant for A&N Financial Firm.
The people are full of bull [***]! Trying to scare people to bay old, written off debts?? Furthermore The debt they called me on is [***]. The SSN and name on the account in question, I had to find out and investigate that it is NOT ME. - David replies to deleted postHey call them for me!! They are trying to get money out of me that I sure as hell don't owe! Have them call me again please! I want them to take me to court, I need to sue them for all they have due to putting my wife in tears saying they were serving me a bench warrant, for a debt I do not owe! Never! Calling my nephew and telling him that there will be a warrent out for my arrest if i do not call back. Have them call me again please!
Let me knkow if you want my contact info!
BTW, are you another plant for A$N Financial Firm??? - David replies to deleted postSo give me a A&N contact! I want them to call me! threaten me again for a debt I DO NOT OWE!!!
- AnnoyedWithYOU replies to Annoyed| 2 repliesYou are a dead-beat. You admitted you owe money and you are DOING NOTHING TO TAKE CARE OF YOUR PROBLEM. How can you be insulted when someone points that out? If you say you owe money, call the original creditor yourself and see who they sold the debt to. Bet you'd feel pretty [***] if they said this company, right? And I also wonder, have you moved recently? Maybe that's why you're not getting the letters. Either way, you ADMITTED you have debt and you basically said you're not going to do anything about it. It's pretty lame.
Let's see how long it takes 'anonymous' to call me a shill and for 'Annoyed' to accuse me of working for the company in question. - David| 1 replyFiled a complaint with the BBB
A & N Financial Firm
26025 Newport Road Suite A-198
Menifee, CA 92584
Contact: Alfano, Nick
Phone: (888) 622-4773
We are currently waiting for the company to respond to your complaint.
Complaint ID: 98615480
Complaint Classification:
Complaint Description - Posted 6/2/2011 11:22:58 AM
My wife was called by a processor that was working for A&N Financial Firm and told that there is a 1 hr. hold before a Sheriff would deliver a warrant if I did not return a call to A&N Financial Firm. My wife returned the call to the server who gave her name as a Rachael Owen. My wife attempted to gather further information and "Rachel" stated "she did not have time to answer questions, I am paid by the phone calls". I called A&N Financial Firm and Talked with a Lisa Dawson. I asked for detail on the claim and She gave me the institutions name the claim is in regards to which is Kinecta. She stated that the account was opened 9/29/2000 and was charged off 3/21/2008. I explained to Lisa that I have never had any account with this credit union. We debated over the issue and her last statement to me was to ask if I wanted to settle the debt now. I restated that this is not my debt, never heard of Kinecta and never had any account with them. She stated that she was going to have someone send me a copy of my credit report immediately and to call her when I received it, haven't seen it. I called Kinecta and found out that my SSN was somehow tied to a different persons name. This is NOT my debt, How can they do this? Did they do any fact finding on this case? Could they not be efficient enough to do the fact finding that I was able to do in 20 minutes? THIS IS NOT MY DEBT!
Complaint Summary
Threats of the Sheriff delivering a warrant in one hr. if no call was returned to them. My SSN and name do not match on the creditors account!
Resolution Sought
Research the claim more fully and see that the institution will verify that the SSN and name on the alleged monies owed. I have NEVER had any account with "Kinecta". - BeatAnonymous replies to anonymous| 1 reply... Do you realize how ridiculous YOU sound?
I'm fairly certain you are one of these people who takes a long, hard look into loopholes so you can get out of paying your debts.
Pretty sad. - anonymous replies to AnnoyedWithYOUYou are a dead-beat, criminal debt collector who violates the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf All annoyed is asking for is what's legally due her per FDCPA Section 809 that you are violating. Scumbag!
- anonymous replies to BeatAnonymousI sound *GREAT*, don't I!?
"I'm fairly certain you are one of these people who takes a long, hard look into loopholes so you can get out of paying your debts" is a misleading assertion. Like all laws, debt-collection laws like the FDCPA are written with a sense of balance in mind to even out the game between collectors and debtors. Your alleged "loopholes" were written in to protect debtors from your *ABUSIVE* collection tactics that you continue to employ and were *NOT* written in to give debtors a free ride. Real debt collectors live by the FDCPA, why don't you? You break debt collection rules right and left and whine that debtors have loopholes? Quit whining your sad song and collect per the FDCPA. - anonymous replies to DavidHave you considered filing complaints with your state's and California Attorney General's office? These guys have the legal power to stop this abusive scammer of a debt collector, the BBB does not.
- j.g replies to Cynthiawhile i do agree to a certain extent i have to say that i was harassed by this company as well i never thought about not paying but it isnt fair how they are trying to collect ..by threatening and saying all types of things that under the law are not legal .. they may be a real firm, but they need to treat people better than that
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