Were Fair Debt Collection laws violated?

cadavis0609 · ‎08-13-2007

I called Enhanced Recovery Corp. earlier in regards to a Chase account that I have with them. I have been diligently making payments to them for the last 4 months. I asked for a 1 month reprieve due to some unforseen circumstances and was bullied and made to feel like a second class citizen. I want to post the conversation that I had with the rep as verbatim as possible and see if you guys feel that and FDC Laws were violated. Forgive the length. It was a seven minute arguement.

Me: I need to cancel a payment that I made for this month

Rep: Why?

Me: My wife has had 2 auto accidents this month and we're pretty pinched right now

Rep: When was the date of the last one?

Me: Yesterday

Rep: Why wasn't I informed of it yesterday?

Me: Do I need to inform you of every incident in my life as it happens?

Rep: No, but we have the recording from when you agreed to make the payments and when you made the arrangements, you agreed that payments could not be altered once they have begun.

Me: How is it that you can bring forward a recording when it benefits you but when I request the recording from when I was promised a settlement and then when I call back to make a payment, they have no idea why there is no settlement showing up. i was lied to by the rep.

Rep: that happens on a regular basis

Me: You can change a payment, I'm not asking for a total cancellation, just a reprieve from one month.

Rep: I'm not changing it.

Me: You are changing it (this went on like this for like 2 mins)

Rep: I'll change it on the condition that you give me 1600 dollars right now. Do you have that kind of money?

Me: No...

Rep: then I'm not changing it

Me: then I will put a stop on the check

Rep: Thats fine, but it will cost you money, and if you break this agreement, we'll expect payment in full and you'll be barred from making any future arrangements. And I will come after my 1600 dollars.

Me: well I don't have the money so it isn't going to be there

Rep: you can go to a check cashing place and borrow 200 bucks.

Me: I'm not paying 200% interest on a $200 loan.

Rep: You're saying you're NOT doing it. Not saying that you can't

Me: Who are you to tell me how I can spend my money?

Rep: You're just mad because you spent $2200 bucks, turned out to be a deadbeat, and we're holding you accountable and not allowing you to flake out on us like you did chase.

Me: Let me speak to someone above you

Rep: There is no one above me, I'm the manager for this account, and I'm saying I'm not changing it

Me: you have a boss and I want to speak with him

Rep: well I'm not transferring you( this went on for forever)

Rep: well sir, i've been in this conversation for 7 mins and I've told you whats going to happen and I'm going to hang up now.

Me: You're not hanging up until I speak with your supervisor

Rep: Well you're not speaking to him, and he hung up on me

I immediately called back and asked the first person I spoke with for the top manager. I got the General manager and he helped me work my problem out. I've started a complaint process with him but I want to know if I have any legal standing on this matter. Its difficult to express how rude he was over a message but... very very rude and very demeaning... What do you guys think?

Sept 07 EQ 419

April 2012 EQ- 669 EXP- 680 TU-700= Proud New Homeowner!

Anonymous · ‎08-13-2007

I think this oxy moron needs to be reported and should pay the penalty of such shrewd behavior..Would have been nice to have taped the conversation.....

Anonymous · ‎08-13-2007

cadavis0609 wrote:
I called Enhanced Recovery Corp. earlier in regards to a Chase account that I have with them. I have been diligently making payments to them for the last 4 months. I asked for a 1 month reprieve due to some unforseen circumstances and was bullied and made to feel like a second class citizen. I want to post the conversation that I had with the rep as verbatim as possible and see if you guys feel that and FDC Laws were violated. Forgive the length. It was a seven minute arguement.

Me: I need to cancel a payment that I made for this month
Rep: Why?
Me: My wife has had 2 auto accidents this month and we're pretty pinched right now
Rep: When was the date of the last one?
Me: Yesterday
Rep: Why wasn't I informed of it yesterday?
Me: Do I need to inform you of every incident in my life as it happens?
Rep: No, but we have the recording from when you agreed to make the payments and when you made the arrangements, you agreed that payments could not be altered once they have begun.
Me: How is it that you can bring forward a recording when it benefits you but when I request the recording from when I was promised a settlement and then when I call back to make a payment, they have no idea why there is no settlement showing up. i was lied to by the rep.
Rep: that happens on a regular basis
Me: You can change a payment, I'm not asking for a total cancellation, just a reprieve from one month.
Rep: I'm not changing it.
Me: You are changing it (this went on like this for like 2 mins)
Rep: I'll change it on the condition that you give me 1600 dollars right now. Do you have that kind of money?
Me: No...
Rep: then I'm not changing it
Me: then I will put a stop on the check
Rep: Thats fine, but it will cost you money, and if you break this agreement, we'll expect payment in full and you'll be barred from making any future arrangements. And I will come after my 1600 dollars.
Me: well I don't have the money so it isn't going to be there
Rep: you can go to a check cashing place and borrow 200 bucks.
Me: I'm not paying 200% interest on a $200 loan.
Rep: You're saying you're NOT doing it. Not saying that you can't
Me: Who are you to tell me how I can spend my money?
Rep: You're just mad because you spent $2200 bucks, turned out to be a deadbeat, and we're holding you accountable and not allowing you to flake out on us like you did chase.
Me: Let me speak to someone above you
Rep: There is no one above me, I'm the manager for this account, and I'm saying I'm not changing it
Me: you have a boss and I want to speak with him
Rep: well I'm not transferring you( this went on for forever)
Rep: well sir, i've been in this conversation for 7 mins and I've told you whats going to happen and I'm going to hang up now.
Me: You're not hanging up until I speak with your supervisor
Rep: Well you're not speaking to him, and he hung up on me

I immediately called back and asked the first person I spoke with for the top manager. I got the General manager and he helped me work my problem out. I've started a complaint process with him but I want to know if I have any legal standing on this matter. Its difficult to express how rude he was over a message but... very very rude and very demeaning... What do you guys think?

I would sent all this info. to the CA...word for word......I would also send it to you AG office & the FTC.

Notice where the REP. states that you need to pay HIM (not the CA) $1600

Sounds like extortion to me.

Anonymous · ‎08-14-2007

cadavis0609,

Was this conversation taped? I'm asking because of the detail posted. If so, have you checked the laws in your state on recording?

http://www.rcfp.org/taping/states.html

If it wasn't recorded, I'd create a log of the conversation to the best of your recollection, and include any specific quotes you recall. However, I'm not seeing anything flagrant.

Is there a specific section of FDCPA that you believe was violated? Understand that if you didn't tape, and they did, and the tape supports them more than you, the tape will find it's way into court. If the tape hurts them, there will have been "a problem" with the tape.

http://www.ftc.gov/os/statutes/fdcpajump.shtm

cadavis0609 · ‎08-14-2007

No, it was recorded by them, but I didn't record it. I know they will conveniently lose the tape if it doesn't support them. They conveniently had no record of the settlement I was promised. You live you learn. I'm "obligated" to stick through this payment plan until January, but you can bet they won't be getting another agreement from me, I'll pay when I feel like it... and this is the best of my recollection I can come up with. I felt that if I de-authorize the transaction, they couldn't take it out anyway, or refuse to cancel a payment. And... furthermore, I did feel that if I asked to speak to a supervisor, they would have to let me. I don't know, I'm still feeling my way through all of this.

Sept 07 EQ 419

April 2012 EQ- 669 EXP- 680 TU-700= Proud New Homeowner!

Anonymous · ‎08-14-2007

If they are abusive, profane, or otherwise harass you on the phone, consider taping.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=21764

This might constitute abuse:

"You're just mad because you spent $2200 bucks, turned out to be a deadbeat, and we're holding you accountable and not allowing you to flake out on us like you did chase."