Is it time to file lawsuit against this CA?

Anonymous · ‎07-17-2007

Synergetic Communication ~the collection agency for Thornton Financial Advisors, which bought the debt owed on the repo thru HSBC Auto, just called and left a message on our answering machine. Mr Jackson says on the message he is in receipt of our 2nd letter (DV) and wants us to call him back with a fax # so he can send the info we've requested. He also said (complete CYA on his part) that they have been trying to send it to us but all correspondence has returned undeliverable ~ BS I have our full and correct mailing address on the letter, along with the fact they had no trouble sending us the original letter notifying us of the collection attempt. They still have not proven they are representing the company the debt belongs to nor have they presented us with any paperwork regarding the OC and terms of the loan. The loan is the responsibility of my husbands ex wife per the divorce decree (I know not worth the paper it's written on)

Is it time to contact an attorney? They have continually violated federal and state law...and we have proof.

Anonymous · ‎07-17-2007

I would provide a fax number - else they may really go int CYA mode and claim that you wouldn't accept their documentation.

Anonymous · ‎07-17-2007

I would have before I started reading up and coming to this board...I've been told not to answer their calls. I don't believe I should give them a fax # ..they know it should be done in writing thru the USPS. They only have proof that they tried to send something if it went undeliverable by CMRRR. If they had sent it FedEX or any other service we would have had a note left on our door saying it was attempted but undeliverable. They have our current and correct address. I am so beyond P'd off at this CA. They are ignoring a written request ~the 2nd written request. I say bring it on. If they attempt to sue that's another violation. If they continue to call that's $1000 per call along with whatever other damages are suitable. How about my BP jumping up in one month?

Thanks for your comment...I really appreciate alllllllll advice on this matter!!

Here's another question...they are the CA for Thornton Financial, shouldn't they have to prove not only they are the CA for Thornton but that Thornton ownes the original debt from HSBC?

Anonymous · ‎07-17-2007

Per a recommendation I got in an earlier post regarding this situation I sent our story and information to an attorney to see if we have a case...I'll update as I get more info!

Anonymous · ‎07-17-2007

First, you aren't required to provide a fax number. Law says they have to mail it.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Calling you is an 809(b) violation. Some Districts and Circuits have ruled that ANY written communication which isn't verification is a violation.

You're in Texas, right kims? You can record and you don't have to tell them.
http://www.rcfp.org/taping/states/texas.html

If you have Caller ID, snap a picture of the Caller ID unit showing the number, date and time.

If you sent two DV letters CMRRR, and you saved the documentation, then I'd say you've got them in violation.

Anonymous · ‎07-18-2007

Thanks Noah!

I just received an email from the attorney and I am sending him all the paperwork so he can go over everything and advise us of our options and next course of action.

I am so thankful to have found this forum. Without the help of everyone here we would have a mess on our hands from lack of knowledge. It's true ~ knowledge is power!