Collection calls threatening arrest??? United Debt Holdings

[AeroKrix]

I have been receiving phone calls from random numbers, ranging from unknown to multiple area codes referencing the same contact 800 number. They keep threatening me with a summons to appear in court for check fraud. Ive called back numerous times to get even a smidgeon of information in regards to what the heck I owe and who I commited check fraud against.

So a "passive debt collector" United Debt Holdings contracts these so-called "private investigators" to constantly call you leaving voicemails stating they are from the "Processing and Summons Divisions" of a company they do not disclose. They say they will come to your home or work and arrest you for check fraud. The crazy thing is, they have called some of my family members leaving the same voice mail, but instead, they state they are "locators" looking for me and that if they don't respond, they will arrest me. 

So I finally called them back and was able to get some answers. This guy works for "SJ White Investigation" and that he represents ChexSystems . I checked the website for that company, and its a comcast.net webpage. The guy said I wrote a bad check to a payday loan company, which I never did. He gave me the payday loan company name, so I called it. And to my shock... they have my info, and said I owe them money!!! But they wouldn't disclose the amount, account number, date of origination, or fax/mail me any documentation. They said to just contact United Debt Holdings because they own the debt now. Called UDH, left a message, and nothing. Its been 2 weeks.

I already filed a complaint with this company through BBB, but these calls won't stop. I do recall taking a payday loan through check n go around 2010, but that account has been paid and satisfied. And thats the only payday loan I've ever taken. 

What should I do next??? 

Oh, and I told the guy to stop these calls because it violates FDCPA and he said he doesn't have to abide by those regulations because he isn't a debt collector. Additionally, he insisted I pay this payday loan I apparently owe, and send him the receipt as well as bank statements in regards to the check that I wrote that was "bad". I told him I have many bank accounts through the years, but he couldnt give me a date, name of institution, or check amount. 

WHAT IS GOING ON?!?!

[RobertEG]

If they are attempting to collect on a delinquent debt that originated with another, they are a debt collector, and covered under the FDCPA.

There are also most likely parallel restrictions under your state statutes, so the FDCPA is not the only possible source of violation.

I would suggest  filing an immediate formal complaint with the CFPB, citing the approprate sections of violations that apply:

FDCPA 807   False of misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

...

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or seizure, garnishment, attachement, or sale of any property or wages of any person unless such action is lawful and the debt collector intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken

..

(7) The false representation or implication that the consumer commited any crime of other conduct in order to discrace the consumer.

..

(13) The false representation or implication that documents are legal process.

FDCPA 804  Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose axquiring location information abut the consumer shall

..

(2) not state tha such consumer owes any debt.

FDCPA 805  Communications with third parties

Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communiate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law the creditor, the attorney of the creditorm of the attorney of the debt collector.

[AeroKrix]

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@RobertEG wrote:

If they are attempting to collect on a delinquent debt that originated with another, they are a debt collector, and covered under the FDCPA.

I would suggest  filing an immediate formal complaint with the CFPB, citing the approprate sections of violations that apply:

FDCPA 807   False of misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

...

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or seizure, garnishment, attachement, or sale of any property or wages of any person unless such action is lawful and the debt collector intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken

..

(7) The false representation or implication that the consumer commited any crime of other conduct in order to discrace the consumer.

..

(13) The false representation or implication that documents are legal process.

FDCPA 804  Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose axquiring location information abut the consumer shall

..

(2) not state tha such consumer owes any debt.

FDCPA 805  Communications with third parties

Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communiate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law the creditor, the attorney of the creditorm of the attorney of the debt collector.

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I've citied many violations to the person I spoke with and he insisted that he isn't a debt collector, rather he is a private investigator. Additionally, he stated that he will continue to contact me until the debt is paid. So I assume he'll keep calling my family as well. during the phone call, I asked for his PI license number and in which state the license is issued, but said he doesn't have to release that info to me. I asked which company he works for and the mailing address, and he said he doesn't have to give that information since he isn't a debt collector. UDH won't return my call. i only found out about UDH through the payday loan company that said I owe them money without giving me any type of specific amounts or dates. 

I can't positively identify or make a legal connection to SJ White Investigation and UDH since the person refuses to identify to me who specifically owns the debt Or he actually works for, since I know 100% he doesn't work for Chexsystem.

but CFPB seems like a likely route. Are they able to take any legal action against UDH? Unlike BBB, they can't really do much besides write letters to the business.

[RobertEG]

Yes, the CFPB can take sanctions or even iniiate legal action through the FTC.

The FDCPA authorizes the FTC to take action for violations, and the legislation establishing the CFPB extends such authorty to them.

The CFPB has recently taken strong actions on numeros fronts to enforce both the FCRA and the FDCPA, and would by my first avenue of complaint.

[itgirl74]

This is very likely a scam. I heard part of a story on the radio this morning about something similar - people getting phone calls and being threatened with arrest if they don't pay back taxes. The scammers have made millions of dollars. I just Googled the title of your thread - "collection calls threatening arrest" - and found several pages about this scam.

[pointschaser]

This same thing happened to my husband a few years ago.  It took myself, and his HR manager giving them hell to get them off of his back.  Do not give them any info.  Stay vigilant.  I had to really give them the business to get them to stop calling, but they did.  I really don't think they appreciated me calling them repeatedly.  Good luck!

[aimeelynne756]

This happened to me about 4- 5 months ago. They claimed a collection agency was going to file a lawsuit against me unless I paid them the debt I owed. They almost convinced me to pay them because I did not want to be sued. Thankfully, I didnt. There were several red flags. And when I started questioning them they ended up hanging up on me. Prepare for them to call your family members or neighbors. They did that to me. They called my parents and my sisters. I stopped answering their calls and after a few days they gave up I guess. The debt they were trying to collect was real but their tactics were illegal and I refuse to pay them because of that. 

[AeroKrix]

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@aimeelynne756 wrote:

This happened to me about 4- 5 months ago. They claimed a collection agency was going to file a lawsuit against me unless I paid them the debt I owed. They almost convinced me to pay them because I did not want to be sued. Thankfully, I didnt. There were several red flags. And when I started questioning them they ended up hanging up on me. Prepare for them to call your family members or neighbors. They did that to me. They called my parents and my sisters. I stopped answering their calls and after a few days they gave up I guess. The debt they were trying to collect was real but their tactics were illegal and I refuse to pay them because of that. 

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There were many red flags when I spoke with someone on the phone. If anyone declines to provide any information in regards to an account that they are collecting on, that's a no-no for me. I filed a  formal complaint with BBB, as stated before, and now with my AG, CFPB, California board of oversight, and California consumer affairs. I hope these bombardment of complaints will shut these law breakers up!!