Today I received a voicemail at work from someone who simply left a number. I called the number back, and was transferred to a couple of different people. Finally, Linda got on the phone. When I asked her what the call was about, she simply said "I'm calling about a past due amount with XXX College." I stated that I was not able to pursue a personal call from my office, and asked for a direct line to call her back. She immediately went Mr. Hyde on me, telling me "If you have the time to return a phone call, I think you have the time to discuss this now." I politely told her that I had no privacy, and would contact her later today.

I called later, and was told it was a $900 debt from 1994, consisting of a Perkins Loan, from XXX College. I mentioned that it had been included in my bankruptcy (as I never had a federally guaranteed loan for that university) and she started screaming at me...I interrupted by telling her that Student Loans can be discharged if the BK Court decides repayment would cause a significant financial burden. Of course she started asking for the definition of a burden, saying that unemployment is not a burden. I also started questioning whether the debt was assigned or bought, and if it was in fact a federally guaranteed loan.

When I asked what payment arrangements could be made, she simply stated "The entire balance is immediately due." I asked her to mail me a letter with details regarding her company, the debt, my account number, etc., as if it is a valid federal debt, I would consolidate it with my student loan. "We can consolidate them for you...but I just need a payment of $100 while it is in process." "I thought you don't accept partial payments?" Again, she started yelling at me...and finally I asked her where her company was headquartered. When she responded with Tenessee, I asked her the address for her company's Registered Agent in Wisconsin. *Silence* I informed her that there is NO RA in Wisconsin. Furthermore, I let her know that I am not in the habit of giving out money over the phone just because people call. I gave her an updated address, and told her I would not discuss it via phone until I had all of the details surrounding the debt, including validation consisting of an actual contract, and a detailed statement of account. Her last words were a sarcastic "Whatever Mr. XXX" and she hung up on ME.

Sooooooo....where do I start with this? Obviously I wait for a letter...but this company is not licensed to do business in WI...is going to have a hard time presenting any type of validation within 30 days, and seems very unwilling to work with me at all. Maybe I should just douse her with Holy Water?

Any advice appreciated :)

Regional Adjustment Bureau, Inc.
J. S. Smith, Jr., President
7000 Goodlett Farms Pkwy Fl 4
Cordova, TN 38016-4916
Phone: (901) 382-0250
Fax: (901) 372-8138

I would send them a written validation letter (a oral validation request doesn't 100% protect your rights)

And demand that any future communications be in writing to your home address.

__________________
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jam
An educated consumer.
Why Time Barred C&D = Delete
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Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.

btw:

False & Misleading Representation that they can not accept payments...

From their own web site...

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jam
An educated consumer.
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Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.

I was just reading over some of that on their website this morning, before calling them. There are in fact two of these companies with the same name...one in Texas, that is able to do business in WI, and the one in TN that I am dealing with, that cannot.

I also asked about loan rehabilitation, which "is not an option for people that blatantly ignore their obligations..."

I have never heard about this debt in, 11 years. Suddenly I buy a car, and I'm on the radar.

*grrrrrrrrrrrrrrrrrrrrrr*


Thanks much for the posts :)

If you do not receive a letter within 5 days of that phone call with the "mini-miranda" warning,

then they have already started to rack up violations!!!

I love reading the enemy's marketing sites... Some of them are so hillarious that it isn't funny. :)

__________________
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jam
An educated consumer.
Why Time Barred C&D = Delete
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Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.

Unless they provided that in the initial phone call.

__________________
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jam
An educated consumer.
Why Time Barred C&D = Delete
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Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.

doesn't sound like she did give it!

The mini-miranda? "Any information we receive is in an attempt to collect...." That one? :)

Hmmm....forgot to finish my post. If that is the miranda you are talking about, no, it was not provided.

Wait...1994?!??! Isn't this wayyyy past any possible SOL?

I had a college contact me demanding payment from a dropped (after the refund deadline) class from 1992!!!! They even sent paperwork with the 1992 date! He even threatened to file in small claims court in their town (4 states away) until I reminded him that (a) he would have to prove that I was served, ha! and (b) that his option to do that expired, oh, about 10 years ago! Never heard back from them...

The SOL issue is why they need to provide validation.

IF the alleged student loan was government backed, then there is no SOL.

IF the alleged student loan was a private student loan, then the SOL applies.

SO when they provide proof that there allegedly was a student loan, and of what type of student loan it was, the consumer can find out whether or not the SOL applies for the account.

The CA is trying to claim, at least, that it is a governement backed student loan.

__________________
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jam
An educated consumer.
Why Time Barred C&D = Delete
Pulls and PRMs


Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.

I have to receive the letter within 5 days? We first spoke on Monday, the 19th. I received a letter on the 26th, dated the 22nd.

Just curious....as I'm going to send a validation letter...and then file a claim in SC.

Let's get the violations straight:

1. They called on the 19th, mailed the letter on the 22nd - NO VIOLATION.

2. If the letter had the mini-miranda AND the VOD/Dispute notice - NO VIOLATION. If any of the three was missing, FDCPA violation.

3. Calling about the debt - NO VIOLATION

4. Saying they cannot accept partial payments - FDCPA violation but in Court it will be a he-said-she-said and the burden of proof is on you. Where are the tape recorders when you need one????

5. Her being an a$$hole - NO VIOLATION

6. Attempting to collect an Out-of-Statute debt - NO VIOLATION unless they sue - then it is a FDCPA violation.

7. Attempting to collect a debt discharged in bankruptcy - VIOLATION of the Permenent Injunction that replaced teh Automatic Stay on Discharge.

My opinion - hold on, this CA seems to care little about the laws and will almost certainly hang themselves - just be patient and give them the rope.

Thank you for the clarification.

I do need to find out if it really is a federally insured student loan. If so, it is automatically eligible to be placed into loan rehabilitation program....12 months on-time payments=delete.

If it's not...tough luck for them.

I just received a telephone call from Regional Adjustment Bureau, I have never been so disrespected over the telephone until I talked to Tracey Howard (I am sure fictious name). I moved a lot and I did pay on my student load until I did not work any longer. I was threaten with garnishing my SSI. I asked if I could have a letter sent to my house regarding the debit. I was told to shut up and let her talk. I explained that is how I feel when the call me harassing me. I do want to clear this up, but I do not need to be treated like this. I like many American's are going through hard times right now, but I just do not know how to handle this one. I asked for the letter and she said I have to trust her word. What are my recourses in this matter?