What to do (Mireault Law Group)

[Shokk]

Hey all,

Started getting robo calls from number in MA a few weeks ago.  No identification, no 'this is an attempt to collect a debt' message.  If you stay on the line, it eventually dumps you into a VM box.  After 3 or 4 calls, I finally left my contact info.  I had no clue what this was about.  Of course, no one calls me back.  Another robo call, I leave a message again.  This guy calls me back (talk about rude), and explains what the debt is for.  He states there are no attorney fees added on and states the amount is $880.  At least now I know what he's talking about.  It was for carpet replacement in an apartment I rented with a friend of mine.  Oh, at no point during any phone call did he state it was an attempt to collect a debt, etc.  Plus, the amount is $220 higher than the orignal amount.  (He's the one who stated there were no fees  added)  I'm thinking this one may be worth a call to an attorney.

Here's what I have so far:

No debt collection miranda during phone call.

No mention of call recording. (Unclear at this point if it was recorded or not.)

No dunning notice. (I know they can argue this one.)

Additional fees?  I'm not clear on how that works for apartment charges.  Obviously there's no interest rate.

They are not bonded in Texas.  I've checked the Texas SOS web site 3 ways from Sunday.  They are not lised.

I have not sent a DV yet.  This is on my friend's CR, but not mine. During the last call, I asked him to mail me something showing the charges.  I haven't received anything as of yet.  I left another VM to verify, and to get an address so I can DV.  I've made multiple phone calls that all went to VM.  Finally left a message today.

I can give him a day or two to return my call.  This is keeping my friend from being able to rent another apartment, so I need to get it handled pretty quick.

What would you do?

[llecs]

If I had that, I would mail a DV now. If they verify and if I agreed, then I'd send a PFD if they ever decided to report. If not, I'd just pay it or settle for less (get that in writing if you do). 

If I had a recording of the conversation, then maybe I might hold that against them. If I didn't record it, then I'd drop it. Remember, if it wasn't recorded, then it never happened. 

On the dunning, they have 5 days to mail it to you (assuming they had your contact info after you moved) from the initial communication. I'd argue that the initial communication is when you talked to them (vs. attempted calls).

There might be a rate within your lease agreement. They can add interest based on that from the OC. Absent that, states do allow for a default rate. Here in VA, it's 18%.

I looked up the SOS website and didn't see them listed either. Bonding isn't an issue since that's a financial issue and doesn't pertain to you. However, licensing is a requirement for domestic and foreign (out of state) CAs. I didn't see them listed. You can always use that to hang over their head.

Don't call them or talk to them. Keep it in writing.

[Shokk]

This thing has been a beast to track down.  Its changed hands at least 3 times.  The original CA even showed a less amount due than what the orignal amount was.  This Mireault Law Firm has given me 2 different amounts on 2 different occassions.

I was hoping to get a call back to at least verify the address since its not on my CR.  I guess I'll send a DV to the address I found for them online.  I've also been in contact with an attorney.  They believe there are FDCPA violations, but I'm still putting together the info they've asked for.

NCC was the original CA.  They closed the account in 2012, and verified they sent a request to remove from CRAs.  The group they sold to is no longer in business.

Too bad TFC violations don't carry a stiffer penalty.  They are in violation of TFC 392.101, but think those are only like $100.

Anyone more familiar with TFC?  They did threaten to place this on my CR, which is another violation.