I am still here
09-17-2007, 02:42 AM
#1
Registered User
Thread Starter
Join Date: Apr 2006
Location: Concord, NC
Posts: 2,827
I am still here
I have not been driving much...no insurance...no job...no gas....no girl....no life. But i still have two ZX's so that's a plus. I am getting bored just looking at my cars though. I am sure my license is going to be suspended since I have no insurance. On a good note, my student loan should be taken care of soon thanks to the Fair Debt Collection Act. After I take the collection agency to court I should have enough to hold me over for a while and maybe get another car. How you ask? Well I have a lawyer friend who informed me to write a letter to the collection agency and tell them not to contact me any further and she told me to send it certified mail so they would have to sign for it.
Thanks to the laws in Florida and some other states I have the right to not be harassed by any collection agency after I write them and tell them to not contact me. The law states that I am entitled to, up to, $1,000 dollars each time they contact me in any way after they receive the letter and on top of that they will have to cover any reasonable attorney fees as well. So far they have called my house 5 times and have contacted me by mail once since they received my letter. They have called every day for the past week at the same time every day...9:16am. I answered the last call after 3 rings and they hung up as soon as I said hello. Another part of the law says they are not allowed to call and let the phone ring and ring and ring, but they are doing just that. I will let it go on for another week to two weeks and then I will call my lawyer friend and get the ball rolling.
They have threatened to take my taxes, garnish my wages and go after my family for the money. They are not by law allowed to use scare tactics to get you to pay them...they are doing this as well. The name of this agency is OSI education for those of you who want to know. My lawyer friend told me a few things, one, NEVER give any collection agency access to your bank even if they say that is the only way you can pay them...it is not true, you can pay them however you choose and however much or little at one time you like. Two, always keep records of any harassments. Three, get a lawyer if you are being harassed, you may end up owing nothing on your debt. Laws are meant to protect everyone.
Thanks to the laws in Florida and some other states I have the right to not be harassed by any collection agency after I write them and tell them to not contact me. The law states that I am entitled to, up to, $1,000 dollars each time they contact me in any way after they receive the letter and on top of that they will have to cover any reasonable attorney fees as well. So far they have called my house 5 times and have contacted me by mail once since they received my letter. They have called every day for the past week at the same time every day...9:16am. I answered the last call after 3 rings and they hung up as soon as I said hello. Another part of the law says they are not allowed to call and let the phone ring and ring and ring, but they are doing just that. I will let it go on for another week to two weeks and then I will call my lawyer friend and get the ball rolling.
They have threatened to take my taxes, garnish my wages and go after my family for the money. They are not by law allowed to use scare tactics to get you to pay them...they are doing this as well. The name of this agency is OSI education for those of you who want to know. My lawyer friend told me a few things, one, NEVER give any collection agency access to your bank even if they say that is the only way you can pay them...it is not true, you can pay them however you choose and however much or little at one time you like. Two, always keep records of any harassments. Three, get a lawyer if you are being harassed, you may end up owing nothing on your debt. Laws are meant to protect everyone.
09-17-2007, 08:05 AM
#2
Über User
Join Date: Sep 2005
Location: lemont, Illinois
Posts: 9,532
sounds bitchin, but be careful, sometimes big companies can get away with alot of ****. secondly,instead of getting a car with that, you should maybe save it and live off it till yah get a new/better job or w/e and some insurance yah hooligan. and student loans? like you went to college? then why are you fertalizing lawns?
09-17-2007, 08:51 AM
#3
Queen of Yachts
Join Date: May 2006
Location: warmspott, trollville.......somewhere sailing the seas--fla, virgin islands...wherever....warm water....LOL
Posts: 2,957
aaahhh, pooo.......promise them payments then expatriate to somewhere yiou can hide yer no income--ya do not need a girl, anyway--you already know they are more trubble than they are worth
....hehehe.......cars rust and rot......life??????ya gets what ya makes of it.
.......do not buy a car yet----dont you already haVE ENUFF OF THOSE????? just keep writing here--no one cares if ya gots the cars running or not--they do, but they enjoy reading your dramas better, dont they???????
you are among friends here, and yer "no life" is as interesting as the other guy getting a new to him Z.........come on, drama king
-----ya gots this far----get creaTIVE...oops....
and do not trust the corporations--they are who is behind this fascism we are now beginning to be overcome by.......bad grammar, but ya gets the drift............
....hehehe.......cars rust and rot......life??????ya gets what ya makes of it........do not buy a car yet----dont you already haVE ENUFF OF THOSE????? just keep writing here--no one cares if ya gots the cars running or not--they do, but they enjoy reading your dramas better, dont they???????you are among friends here, and yer "no life" is as interesting as the other guy getting a new to him Z.........come on, drama king
-----ya gots this far----get creaTIVE...oops....and do not trust the corporations--they are who is behind this fascism we are now beginning to be overcome by.......bad grammar, but ya gets the drift............
09-17-2007, 12:06 PM
#5
Ah... the good ol Fair Debt Collections. I deal w/ that law all the time at work (I'm a hospital financial counselor / account rep). I love people who think they don't have to pay back their debts, and that calls from collection agencies are "harassment."
If someone owed you money, what would you do? Especially a larger sum (like a student loan...).
PS... I garantee they've dealt w/ more upset people than your attorney has.
If someone owed you money, what would you do? Especially a larger sum (like a student loan...).
PS... I garantee they've dealt w/ more upset people than your attorney has.
09-17-2007, 02:14 PM
#8
NisTuner
Join Date: Sep 2005
Location: Cleveland, Ohio
Posts: 2,800
I thought it was more related to people harassing you when the debt is related to something else, for example for a long time a collection company kept calling me over some woman's debt. I would tell them I'm not her, they'd say sorry for bothering you than a week or two later they'd be calling me again. I'd actually even answer sometimes and they'd give me a message telling me to hold.
09-17-2007, 02:20 PM
#9
Originally Posted by duowing
I thought it was more related to people harassing you when the debt is related to something else, for example for a long time a collection company kept calling me over some woman's debt. I would tell them I'm not her, they'd say sorry for bothering you than a week or two later they'd be calling me again. I'd actually even answer sometimes and they'd give me a message telling me to hold.
Originally Posted by FDCPA
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.
(4) The advertisement for sale of any debt to coerce payment of the debt.
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.
(4) The advertisement for sale of any debt to coerce payment of the debt.
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
09-17-2007, 02:36 PM
#10
Political n00b crusher
Join Date: Sep 2006
Location: Illinois
Posts: 1,576
So let me get this straight. Instead of paying off my student loan, I should have not paid it, got pursued by a collection agency and after the collection agency "harassed" me, I could have got a lawyer and collected from THEM??!!
Only in America.....
Only in America.....
09-17-2007, 02:40 PM
#11
Originally Posted by SportBikeMike
Only in America.....
Mr. Reede, several years ago a friend of mine had a burglar on her roof, a burglar! He fell through the kitchen skylight, landed on a cutting board, on a butcher's knife, cutting his leg. The burglar sued my friend, he sued my friend! And because of guys like you *he won*. My friend had to pay the burglar $6,000. Is that justice?
No! I'd have got him ten.
09-17-2007, 03:36 PM
#12
NisTuner
Join Date: Sep 2005
Location: Cleveland, Ohio
Posts: 2,800
Get a good enough lawyer, and you can pretty much sue anyone for anything.
I also got credit collectors coming after me for a while over medical bills from when this kid ran into me. That was kind of annoying because you know the insurance company will pay for the bills, but you keep getting threatening letters. I actually had the hospital call me about a bill and I told them it was related to a car accident where I was hit and the insurance was supposed to pay the woman just said. Oh ok then hung up.
I also got credit collectors coming after me for a while over medical bills from when this kid ran into me. That was kind of annoying because you know the insurance company will pay for the bills, but you keep getting threatening letters. I actually had the hospital call me about a bill and I told them it was related to a car accident where I was hit and the insurance was supposed to pay the woman just said. Oh ok then hung up.
09-17-2007, 03:53 PM
#13
Registered User
Thread Starter
Join Date: Apr 2006
Location: Concord, NC
Posts: 2,827
I sense some sarcasm in some of those post there...tisk tisk.
I should let you know that I have made payments to them and I do not dispute that I owe this money. I actually gave them access to my checking account and they were taking their money that way. I had bills to pay one week and told them that the agreed upon amount would not be in the bank and ask them not to access the account until I could get the money in there. They said ok, but when it came time to pay my bills my account was in the negative $250 plus all my bank fees for the overdraft. **** That ****!!! I spoke with my attorney who is a family friend and she told me to close that account, write them and tell them not to contact me any further.
Before I let them have access to my account I was sending them small payments and from the beginning they were ******** about it. Sometimes you just don't have the money. As soon as they hear you don't have a job the calls double in frequency and they become increasingly rude. They have now caused my mom to miss work because of the calls and have caused her to loose sleep...this is not right plain and simple! I just got off the phone with them and I recorded the conversation as my attorney said to do, I let them know I was recording the phone call. They flipped a 180 and acted all nice like they are trying to help me get out of debt...they are not, their job is to COLLECT A DEBT to which they can make money from with their collection fees.
I informed them, as I was instructed to do, that I had sent them a certified letter telling them not to contact me further about this debt. They said "uhh well I don't...when did you send that?" I then told them and said they did in fact get it and it WAS signed for by them and gave them the signers name...he said well I don't know who that is...It doesn't matter, they signed for it and I have the receipt. I am not trying to "get out of paying my debt" I have been paying on it. The point is they ARE breaking the law and it is affecting my family, my relationship with my family and giving me undue stress. The fact that the law is in my favor is a bonus. If they would just leave well enough alone I would have no problem paying them the money when I have it, as it is they are not and in the process are breaking they law.
I refuse to be made to feel like some low life that is just trying to get out of something, I pay my ****ing bills!! It pisses me off when people look down their noses at me like I am some piece of ****. Like I said, not everyone has the money all the time and I should not have to be harassed or threatened because I am poor or happen to be unemployed. It is easy for people who have money to say "why don't you just pay it" kiss MY ***. I was on my way out of the hole and I was paying my bills and I was let go from work. When you live paycheck to paycheck it is hard to rebound and eventually you are back at the bottom of the hole.
What if I was married and this happened, do you think my wife would hang around...probably not. I see how this is affecting my mom and it is bullshit.
Check this out, this is from the US Constitution:
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
My point is I have the right to be protected by law and OSI education services are breaking the law...PERIOD. You can spin it however you like but the laws are clear and I will stick to the law. Why should they be able to do whatever they want and disregard the law? It's like some of you are saying it is ok for them to do this just because I owe a debt. It's like if I break the law say, by stealing from someone, the victim doesn't have the right to be protected by the law? Stealing is against the law just as it is to violate the fair debt collection practices act...they are both laws.
I should let you know that I have made payments to them and I do not dispute that I owe this money. I actually gave them access to my checking account and they were taking their money that way. I had bills to pay one week and told them that the agreed upon amount would not be in the bank and ask them not to access the account until I could get the money in there. They said ok, but when it came time to pay my bills my account was in the negative $250 plus all my bank fees for the overdraft. **** That ****!!! I spoke with my attorney who is a family friend and she told me to close that account, write them and tell them not to contact me any further.
Before I let them have access to my account I was sending them small payments and from the beginning they were ******** about it. Sometimes you just don't have the money. As soon as they hear you don't have a job the calls double in frequency and they become increasingly rude. They have now caused my mom to miss work because of the calls and have caused her to loose sleep...this is not right plain and simple! I just got off the phone with them and I recorded the conversation as my attorney said to do, I let them know I was recording the phone call. They flipped a 180 and acted all nice like they are trying to help me get out of debt...they are not, their job is to COLLECT A DEBT to which they can make money from with their collection fees.
I informed them, as I was instructed to do, that I had sent them a certified letter telling them not to contact me further about this debt. They said "uhh well I don't...when did you send that?" I then told them and said they did in fact get it and it WAS signed for by them and gave them the signers name...he said well I don't know who that is...It doesn't matter, they signed for it and I have the receipt. I am not trying to "get out of paying my debt" I have been paying on it. The point is they ARE breaking the law and it is affecting my family, my relationship with my family and giving me undue stress. The fact that the law is in my favor is a bonus. If they would just leave well enough alone I would have no problem paying them the money when I have it, as it is they are not and in the process are breaking they law.
I refuse to be made to feel like some low life that is just trying to get out of something, I pay my ****ing bills!! It pisses me off when people look down their noses at me like I am some piece of ****. Like I said, not everyone has the money all the time and I should not have to be harassed or threatened because I am poor or happen to be unemployed. It is easy for people who have money to say "why don't you just pay it" kiss MY ***. I was on my way out of the hole and I was paying my bills and I was let go from work. When you live paycheck to paycheck it is hard to rebound and eventually you are back at the bottom of the hole.
What if I was married and this happened, do you think my wife would hang around...probably not. I see how this is affecting my mom and it is bullshit.
Check this out, this is from the US Constitution:
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
My point is I have the right to be protected by law and OSI education services are breaking the law...PERIOD. You can spin it however you like but the laws are clear and I will stick to the law. Why should they be able to do whatever they want and disregard the law? It's like some of you are saying it is ok for them to do this just because I owe a debt. It's like if I break the law say, by stealing from someone, the victim doesn't have the right to be protected by the law? Stealing is against the law just as it is to violate the fair debt collection practices act...they are both laws.
Last edited by thxone; 09-17-2007 at 03:58 PM.
09-17-2007, 04:16 PM
#15
Registered User
Thread Starter
Join Date: Apr 2006
Location: Concord, NC
Posts: 2,827
Originally Posted by snwbrderphat540
you never answered me
09-17-2007, 04:26 PM
#17
Registered User
Thread Starter
Join Date: Apr 2006
Location: Concord, NC
Posts: 2,827
Originally Posted by snwbrderphat540
hmmm, computer sciences eh? you should go back and finish that **** up when you can. then the motorcycle thing wont limit yah, but criminal past sure will, shouldnt be out hooliganing it up. lol.
09-17-2007, 04:40 PM
#19
Registered User
Thread Starter
Join Date: Apr 2006
Location: Concord, NC
Posts: 2,827
Well it will only go to court if they continue to break the law...as it is right at this moment as of my last recorded call with them, they have said they will stop the calls...I just got off the phone with them a few seconds ago to see what options they are willing to offer on paying this down once I find employment again and we came to a beneficial understanding...Snw was a little responsible for that. I told them that as soon as I find work I will contact them and make payments and in six months will be able to get student loans again...I will then go back to school to finish out my last 6 month and get my degree.
Then it is just a matter of finding a nice cool office job.
Then it is just a matter of finding a nice cool office job.
09-17-2007, 05:11 PM
#20
NisTuner
Join Date: Sep 2005
Location: Cleveland, Ohio
Posts: 2,800
Yeah, I gotta go with Nismo when you don't know any more than you just have money you owe, it's easy to get the wrong idea. That's the one thing I have learned is that you pretty much should never give direct access to a bank account. Don't you love that too, how when you're out of work and with little money they start coming after you harder. It's sort of like welfare, there's no real push to get off of it because the second you get a job the support stops coming in.
09-17-2007, 06:02 PM
#21
The Cake Is A Lie!
Join Date: May 2003
Location: WA
Posts: 5,690
at first it sounded as if you were proud of having beat the system and gotten off without paying. i do not condone that. now that i have the full story, it's all good. i have no problem if you are doing what you can to pay.
this is a big part of the reason behind my motto, "if i can't pay cash, i don't need it." obvious exception being a house of course.
this is a big part of the reason behind my motto, "if i can't pay cash, i don't need it." obvious exception being a house of course
.
09-18-2007, 07:13 AM
#24
Big Poppa
Join Date: Jan 2005
Location: Mission, British Columbia
Posts: 4,499
mike just grab your cars and some stuff, and move yer butt up to b.c., i can have you a job that pays well in no time, what ya want to do? mechanic, electrian, carpenter, hvac. its all 15 an hour to 30 an hour for those postions here. come and cash in.
