@Anonymous wrote:
Hello all,
Im new here and would like your assistance on this issue.
I have a debt with Penfed.
I have been out of the country for sometime now and just yesterday got a call from my sister inlaw and brother inlaw ing if I used them as a reference on any loan. My reply was NO...
They sent me a copy of a voicemail from the collector with the name Jeremie Ryan from Esupport group, stating he has a claim with my name.
I called this gentleman and he told me Penfed sold my debt to a collection agent and they sent me multiple letter about the debt.
I explained to him that I'm out of the country and the address the letters were sent to was my old address. He said he doesn't care if Im on the moon or whatever but he needs me to pay the debt now or take me to court.
I was like bro Im out of the country and is there a way to pay this in installment, He said "are you going to pay or not, else we suit you"
Cuts the call and later called another family member about my debt again.
My question is , doest he have the right to be calling my inlaws about my debt and providing them claim number under the FDCPA Laws.
And also what is the best way to handle this issue.
Thank you
I can already find two reasons for you to be able to file suit against Jeremie and Esupport Group. First of all, Esupport is a Debt Collector as defined under the Federal Fair Debt Collection Practices Act. Here are your grounds to sue:
1: Violation of 15 USC 1692b - FDCPA Section 804 - which reads: (note - I have bolded the parts the debt collector has violated)
§ 804. Acquisition of location information
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.
2: Violation of 15 USC 1692g - FDCPA Section 807 - which reads (I have bolded the pertinent sections that have been violated):
Since they are THREATENING to sue you, they obviously do NOT have a Judgment against you. This debt is 20 years old. Ohio has the longest non-Judgment Statute of Limitations in the nation (15 years). Therefore this debt is Out of Statute for suit.
§ 807. False or 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:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor 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.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this subchapter.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a(f) of this title.
This debt collector obviously has no respect for the law, so threats to sue will get you nothing. FDCPA Section803 (15 USC 1592i) gives you the right to sue for $1,000 Statutory Damages. Since they cannot successfully sue you for 2 reasons - your State Statute of Limitations and the fact that you are outside the USA and therefore cannot be served in any State, I would simply tell the debt collector to f*ck off and tell your relatives to tell him the same.
