| Nancy 2013-03-20 13:26:58 Unknown |
I received a phone call, as did my mother-in-law and brother-in-law on their cell phones. How they found their phone numbers is beyond my comprehension. I called the # that they left w/my family members...877-926-4193. The account # was referenced and I managed to get a name and address of NCS Litigation P.O. Box 41213 Buffalo, NY 14221.
The woman was nice and gave the name of Mia Gomez x 732. Mia did not have a foriegn accent. She tried to validate my personal info, such as last 4 of ss#, banking institution, etc. which I politely declined to do. She disclosed that the debt was for a payday loan I took out on July 3, 2012. She promised to send a letter to my email w/in 15 minutes so I could see all the details and pay It off. No email came, but a few days later I DID receive an email from a different company:
On Mon, Mar 18, 2013 at 2:27 PM, ACS INC <legalincorp.acs@gmail.com> wrote:
ACCOUNT # AR-NE-9137
LOAN/DEBT INFORMATION
DUE AMOUNT - $986.45
LOAN COMPANY/LENDER - ACS INC.
We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.
It seems apparent that you had chosen to ignore all our efforts to contact you in order to resolve your debt with your Payday Services. At this point you had made your intentions clear and leave us no choice but to protect our interest in this matter.
UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION
If we do not hear from you within 48 hours of the date on this letter, we will be compelled to seek legal representation from our in-house attorney. We reserve the right to commence litigation for intent to commit wire fraud under the pretense of refusing to repay a debt committed to, by use of the internet. In addition we reserve the right to seek recovery for the balance due, as well as legal fees and any court cost incurred.
WE HAVE ALL THE RIGHTS RESERVED TO INFORM TO FTC & YOUR EMPLOYER AND BANK ABOUT THIS FRAUD.
As we have shared with you in previous letters, read your loan agreement; the next step is clearly defined. It could cost us both a great deal of time and money; you can avoid this by taking care of this now.
The opportunity to take care of this voluntary is quickly coming to an end. We would hate for you to lose the option of resolving this before it goes to the next step which is a Lawsuit against you, but to do so you must take immediate action.
It is quick and easy:
Grab your debit card and call us or e-mail us right now in order to make a payment and freeze down this case.
Contact us on 1-954.837.6037 from 09:30 AM to 06:30 PM (EST).
If you do not take immediate action:
We will be forced to download this case against you and once it is downloaded the creditor has entire rights to inform your employer and your references regarding this issue and the law suit will be the next step which will be amounting to $4447.25 and will be totally levied upon you and that would be excluding your attorney charges and the due amount pending on your name.
Thanks for being our customer,
Regards,
ACS INC.
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Notice the incorrect grammer in the content of the email, and then in the closing they "thank me" for being their customer. I think it's safe to assume the phone call from Mia at NCS and the email from ACS are related. Never the less, I sent a letter to Mia a the P.O. Box # she gave me. Basically, I printed my bank account statements forJune & July 2012 and there are no records of any deposits from a payday loan company. I put this in my letter to Mia (removed all sensative info), along with a copy the email sent from ACS, INC. which included my reply.
Here is my response:
I received your letter informing me of this "alleged debt". According to the THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA), as amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996), it is my legal right to dispute this alleged debt. Please treat this response to your email as my intention to do so.
The email sent by your company, ACS, Incorporated, is NOT a true "notification" under the FDCPA for the following reasons:
§ 809. Validation of debts [15 USC 1692g] -
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -
(2) the name of the creditor to whom the debt is owed; (You did NOT provide this information - ACS, Inc. is the entity collecting the debt, not the original creditor. Furthermore, ACS, Inc. has NEVER extended any type of credit to me, nor has "Payday Services")
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; (My response to this email is my official dispute of the alleged debt - I expect the information will be mailed to my address at 50 Brae Burn Drive, Ewing, NJ 08638 - you have until 4/18/2013 to provide this to me)
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (I am requesting this from ACS, Inc. NOW)
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
You have also violated the following in your communication with me:
§ 807. False or misleading representations [15 USC 1692e]
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. (As you state in your email, "We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.")
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or (As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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. (As stated in your email, " We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.")
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken. (You CANNOT prosecute me for ANY crime whatsoever.)
(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 title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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. (You have contacted family members, Maryann and Mark Hranek in regard to this alleged debt)
(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. (As stated in your email, " We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.") and (As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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. (You have contacted my family members, Maryann and Mark Hranek in regard to this alleged debt and "falsely represented yourself" when speaking to my family members, causing them undue anxiety)
(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. (You have NOT stated anywhere or at anytime in your email below that you are a debt collector and you are attempting to collect a debt)
(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. (As stated in your email, " We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.") and (As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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 report
I received your letter informing me of this "alleged debt". According to the THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA), as amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996), it is my legal right to dispute this alleged debt. Please treat this response to your email as my intention to do so.
The email sent by your company, ACS, Incorporated, is NOT a true "notification" under the FDCPA for the following reasons:
§ 809. Validation of debts [15 USC 1692g] -
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -
(2) the name of the creditor to whom the debt is owed; (You did NOT provide this information - ACS, Inc. is the entity collecting the debt, not the original creditor. Furthermore, ACS, Inc. has NEVER extended any type of credit to me, nor has "Payday Services")
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; (My response to this email is my official dispute of the alleged debt - I expect the information will be mailed to my address at 50 Brae Burn Drive, Ewing, NJ 08638 - you have until 4/18/2013 to provide this to me)
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (I am requesting this from ACS, Inc. NOW)
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
You have also violated the following in your communication with me:
§ 807. False or misleading representations [15 USC 1692e]
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. (As you state in your email, "We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.")
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or (As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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. (As stated in your email, " We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.")
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken. (You CANNOT prosecute me for ANY crime whatsoever.)
(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 title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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. (You have contacted family members, Maryann and Mark Hranek in regard to this alleged debt)
(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. (As stated in your email, " We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.") and (As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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. (You have contacted my family members, Maryann and Mark Hranek in regard to this alleged debt and "falsely represented yourself" when speaking to my family members, causing them undue anxiety)
(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. (You have NOT stated anywhere or at anytime in your email below that you are a debt collector and you are attempting to collect a debt)
(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. (As stated in your email, " We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.") and (As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
(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 603(f) of this Act.
§ 808. Unfair practices [15 USC 1692f]
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(In your email below, you state: "We will be forced to download this case against you and once it is downloaded the creditor has entire rights to inform your employer and your references regarding this issue and the law suit will be the next step which will be amounting to $4447.25 and will be totally levied upon you and that would be excluding your attorney charges and the due amount pending on your name.")
§ 811. Legal actions by debt collectors [15 USC 1692i]
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. (As stated in your email, " We are here by to inform you that you are going to be legally prosecuted in the Court House within couple of days. Your SSN is put on hold by US Government, so before something goes wrong we would like to notify you about this matter.") and (As you state in your email, "UNITED LEGAL INVESTIGATION BUREAU HAS STATED 3 SERIOUS ALLEGATIONS AGAINST YOU AND THEY ARE:
(1) VIOLATION OF FEDERAL BANKING REGULATION
(2) COLLATERAL CHECK FRAUD
(3) THEFT BY DECEPTION")
Furthermore, please refer to section § 813. Civil liability [15 USC 1692k] of the FDCPA in order to understand the consequences you face in regard to your indiscretions. Please be advised that I am saving and printing this email along with my response to it. I am also documenting any and all phone calls received by your company, including voice mail messages left, as well as any and all correspondence (written and electronic) received.
Lastly, I have mailed this email correspondence to the Federal Bureau of Investigations (FBI), located on 200 American Metro Boulevard., Suite 205 in Hamilton, New Jersey 08619, phone: (609) 689-7999. I also have submitted a complaint in regard to your activities via the FBI's online complaint system, the Federal Trade Commission located at 600 Pennsylvania Avenue, NW in Washington, DC 20580, phone: (202) 326-2222 and the Attorney General, Jeffrey S. Chiesa, located at 25 Market Street in Trenton, New Jersey 08611, phone :(609) 292-4925. I have also sent notification to all three credit reporting agencies regarding your harassment.