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Need Help and Advice With Collector - Please!



jer_mc

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Sub: Need Help and Advice With Collector - Please!
Sat, 11/08/2012 08:32

Hello,

I'm sorry to say I can't keep this short. My wife and I have been trying very hard to get all our consumer debt paid off. At this point, we have paid off almost $20,000 in credit cards and loans. All we have left is our car, student loan, and house......or so we thought. About 3 weeks ago I received a notice in the mail from a collector called BAM and Associates, LLC in Irvine, CA. Has anyone heard of them?

This is the first notice I've received from this company. Let me give you a quick idea of what this notice looks like. First thing I noticed is that it says "Re: BAM AND ASSOCIATES, LLC vs. 'MY NAME' (removed)". Next, instead of an account number is states "Case No. KLXXXXXXX" (again, removed). Third, right in the middle of the page, about 1/3 of the way down it states "LITIGATION NOTICE". The notice goes on to state that I have chosen to ignore their previous attempts to resolve this matter - remember, this is the first time I've received anything from them. It states, "You are hereby notified that a recommendation to file a lawsuit to collect this debt may be the next step resulting in a judgment entered against you.". It tells me what methods they may be able to use to collect on such a judgment as well as the interest rates involved. Then it states, "If you want to avoid any further legal action, (In my opinion, implying that some sort of legal action has already taken place.) you need to contact our office within 10 days of this notice; otherwise, we will assume you do not intend to pay this debt and litigation will be commenced immediately." It is then signed by one of their Legal Administrators. The back of the form is completely blank. Nowhere is there any statement about my rights to request validation within 30 days. Only statement on the form is "This communication is an attempt to collect a debt and any information obtained will be used for that purpose."

Keep in mind, we have been paying our debts off. Some of them have been paid in full, some have been settled. I've dealt with collectors in the past. To some, this may be scary, but not to me. So, I pick up the phone and call the Legal Administrator listed. I tell him that I am investigating his claim and I need to know who the original creditor is. He tells me that it is Citibank. I advised him that the only Citibank account I had was paid off over four years ago. He states that he has a balance of over $1800 and "I can voluntarily pay it now to avoid litigation". A few days pass and I call him back. I ask him for the original account number to continue my investigation into this claim. He first tells me that he doesn't have it. Only after I laugh in his ear does he provide it. After doing so I remember an old, old account that I had w/Citibank years ago. I take this new info and dig through what statements I kept and come up with two collector notices pertaining to this account. One April, 2005 and the other from May, 2005. I know I haven't made any payments on this account since before those two statements. Also, I pulled my annual credit reports from all 3 agencies about a month ago and this account doesn't show on any of them. The SOL in my state on open/revolving accounts is 5 years so I feel confident that any suit brought against me will not succeed. However, armed with only the two collector statements and my most recent credit reports I'm unsure if I have enough evidence to make that defense stick.

On 9/7 I sent them a debt validation letter asking them for many things including proof that the SOL has not expired. We'll see what comes back. Based on this lengthy bit of info, does anyone think that this collector violated the FDCPA by the way their LITIGATION NOTICE is constructed and flat out threatening to sue me on a debt that is past SOL if I don't contact them within 10 days. My wife was quite upset when I got home the day it was delivered. Only after I called and spoke with them and then explained to her it must be a mistake because we had paid off the Citibank card did she calm down (of course this is an old account I had forgotten about). BTW, the original debt listed on the two statements from 2005 is approx $280.00 and now it's over $1800. Is that inflated just to attempt to get more money from me?

Any advice is greatly appreciated!



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Sub: #1 BAM Financial, LLC Irvine, CASat, 08/11/2012 - 08:32



I recieved a letter from them a few months ago after they couldn't reach me on the phone. It said I owed a debt of $11000.00 and then just this month, I answered the phone and they said who they were and they needed to transfer me, I said you called me to transfer me about what? He couldn't tell me anything! I told him I was at work and didn't have time for their games. I then googled the number and found out that the one number was a cell phone in CA and the other number wasn't listed anywhere. So I ignored their calls in the future. Then I got a voice mail on my phone that says this is ____ with BAM Financial and I am calling regarding property in _________, MD. Well I don't own any property but concerened and only had been given a 24hr window to call back I called back nobody would tell me what it was regarding except that someone filed a claim against me, they told me my account was secured and he could not see the information but would leave a message for the right person to call me back. Nobody called me back like I was told until just this week and I got a call from some guy who asked for me and I said this is her what is it regarding, he said I was asked to call you and give you a number and a case number and to speak with Mr. ____, I said if they want to talk to me they can call me directly I am not and will not call that number again since it must not be that important, if they never called me back originially. Then about 2 hours later I got a call from another Unkown number and I ansewred it to find out that it had nothing to do with any property but a credit card from 2006. I was on the phone with this guy for 51 minutes and 20 seconds, while he told me about my debt, and how I refused to make arragnments and how willing I was to resolve this issue. In the middle of the call and throughout the entire call, he was rude and told me how he was going to ruin me and take me to court as well as garnish my wages. Most of which I find out later that he is not allowed to do or what he said he was going to do and how was all wrong. I am now in the process of filling a complaint with the BBB, FDCPA, States Attorney General, and contacting a lawyer in an effort to get this company off of my back. They broke many laws in the process they took. The problem with this complaint process is that unless many others complain to the FDCPA they will not investigate. Please anyone having any issues with BAM Financial file a complaint just as I did, so that we can stop this behavior.


Unregistered

Sub: #2 Thank you so much!Mon, 08/06/2012 - 20:32



Thank you so much!


SOAPLADY
SOAPLADY


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Sub: #3 Texas is a one party consent state...you being the "one" party sFri, 08/03/2012 - 21:32



Texas is a one party consent state...you being the "one" party so yes the recording is legal. Go find yourself an attorney at naca.net and collect your $1000!!!

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com...imitation.html


Unregistered

Sub: #4 I live in Texas. Was my recording legal? How do I find out?Fri, 08/03/2012 - 19:03



I live in Texas. Was my recording legal? How do I find out?


SOAPLADY
SOAPLADY


Debt Samaritan
Posts: 17121
Credits: 385210.28424978 Send message to SOAPLADY

Sub: #5 You have proof that the DV was mailed and a recorded call...hopeWed, 08/01/2012 - 21:43



You have proof that the DV was mailed and a recorded call...hopefully the recording is legal. What state do you live in?? If the recording is legal, you just made yourself $1000. You need to go to NACA.net and find a consumer attorney near you. They violated the FDCPA by not validating the debt and continuing to call you for the debt.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com...imitation.html


Unregistered

Sub: #6 Not sureWed, 08/01/2012 - 21:29



I just sent it regular certified mail. I checked online and it tells me the letter delivered. Should I send another one the way you are speaking of? I thought if I just sent it regular certified, that would be enough.


SOAPLADY
SOAPLADY


Debt Samaritan
Posts: 17121
Credits: 385210.28424978 Send message to SOAPLADY

Sub: #7 Did you send your DV CMRRR?? If so did you get the green card bWed, 08/01/2012 - 18:37



Did you send your DV CMRRR?? If so did you get the green card back>?

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com...imitation.html


Unregistered

Sub: #8 updateWed, 08/01/2012 - 18:34



Well, I sent my verification letter, however, this has not stopped these people. They still call and harass me. They call many times a day, but leave no messages. Today, they finally leave me a message. I return it and record the conversation. I asked the man if he received my verification letter. He said that it's not his job to do my homework. I told him that I want in writing what they say I owe (mind you the first letter didn't even say who the original creditor was). Again, he says that it's not his job to do my homework. He says that I don't have a problem paying off debt since I just paid off a Target account (granted, that was over 3 years ago). Again, I ask for some kind of brake down. He then said that he is going to refer me to the "litigation department" and sue me and my husband (I've been divorced for 7 years now). We go back and forth for a while, then the last thing he says is that unless I say that I'm going to pay the debt, he has nothing else to say to me. Again, I ask for verification and halfway into my sentence, he hangs up on me.
Plainly, in my letter, I ask to not be contacted anymore, bu they've ignored my request. This is the third "24 hour notice" I've gotten from them. Never anything in writing. Looking at the other responses, looks like they are doing a blitz attack on debtors right now. These guys are pissing me off. They expect me to just fork over money and not ask questions. I know I owe the debt, but their number is twice what my credit report says I owe (they aren't even listed on my credit report, the original creditor is). I only want to pay what I LEGITIMATELY owe and they won't give me proof.
By the other responses, looks like I have nothing to worry about, but I don't want them to keep harassing me or start to call my job. Can I do anything else to get the calls to stop? Apparently, sending letters don't work...


Unregistered

Sub: #9 BAM seems bunk and bogusSun, 07/15/2012 - 00:12



I just got a call from this BAM group yesterday actually saying that they were summoning me to court for $4,500 debt from years ago. They claimed to have sent me stuff back in last October and this January about it, which they didn't. I gave them my new address (hope that wasn't stupid of me) and told them to send me whatever they supposedly sent because I needed to have it.

HERE'S THE KICKER - Citibank/Citigroup actually charged this off as the IRS just dinged me for not claiming the write-off as "income" on my tax return. (I didn't know it happened so didn't know to claim it.) I have since arranged payment with the IRS to clear the amount I owe sine the new "income" changed my return amount and I owe them money on it. MY QUESTION IS: If this is written off and done through Citibank through the IRS already, is it even legal or possible for someone to come after me for the debt? That's double collecting. My thought is that BAM is shady as I can't imagine Citibank would try to illegally double dip on an amount this "small" by Citibank standards.

I'm still waiting for the scary threatening letter I was told I was getting, but I'm going back after them both barrels blazed so to speak I'm thinking.

Any suggestions or info?


Unregistered

Sub: #10 Scum bag companyMon, 07/09/2012 - 21:19



[FONT=Calibri]I just called these guys back today after receiving several harassing voicemails and hearing that they are calling my mom's home and job! They claimed that there was a complaint filed against me in regards to a property in the city I live in. [/FONT]
[FONT=Calibri]I told them my name and that I wanted to know why they were calling and what this was about. The man asked me if I had been served papers today and I said no, then he put me on hold so that he could contact some dispatcher to stop the "summons" from going out. ???? Like, wtf does that mean? He left me on hold for 18 minutes, picked up and asked me how he could help me. [/FONT]
[FONT=Calibri]I was obviously irritated so I explained again the reason for my call and gave him my info. He then tells me I owe almost $4000 dollars to Citibank. I have never opened any sort of account with Citibank so I asked if it was the original account, then he said that it may be Bank of America. I did get a bank of America cc when I was 18 (I???m 30 now) that I maxed ($300 limit) and didn't pay at the time, but I thought that I had paid it shortly after I was sent to collections, but I don't remember for sure. [/FONT]
[FONT=Calibri]So I asked him for some kind of written proof, the original credit card number, or any kind of information so that I could verify this debt. He said that he is not in customer service so he could not provide any of that info. I asked if there was any kind of document that could be sent to validate this company and again he refused. I then said plain and simple, I won???t pay anything until I have more information. Then this ass hole tells me that I am irresponsible, that I am a liar, and yells at me saying "KNOW THE LAW BEFORE YOU BREAK THE LAW"...and HANGS UP!!! [/FONT]
[FONT=Calibri]I couldn't believe it so I called back, get this: he answers disguising his voice to sound like a woman's voice, I say "I need to speak to the person who just rudely hung up on me!", then suddenly he's speaking again and tells me that I missed my opportunity to settle this because I was so rude (wtf???), that a police officer would be coming to my place of employment tomorrow to arrest me, and that they would be garnishing my paycheck to pay off this debt. He told me that I was going to be sorry for being so rude, and hung up again. [/FONT]
[FONT=Calibri]I called back again and he answered and I demanded that he provide me their mailing address, his name, and my "case" number. He refused and told me that he didn't have to provide that info. I told him he was being very childish and unprofessional and he then proceeded to tell me that I was the liar, and I don't pay my bills, and you won???t believe this one...he says to me, "Do you own your own legal firm? No!! I do so who's unprofessional????? Hahahahahahahahhaha...I asked him: "what the fudge is a legal firm??" He hung up. I called back again and he threatened to send a sheriff to my house now and arrest me for harassment!!![/FONT]
[FONT=Calibri]I am so upset about this. How can they do this to people???? They have to be held accountable in some way. This man had me shaking, I was so angry.[/FONT]


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