Do I need a lawyer now?

jsevier14 · Noob

Do I need a lawyer now?

anonymous · Top Poster

Hate to sound sarcastic, but only a lawyer can really tell you whether you need a lawyer.

Here are a couple articles that may help you though.

PayPal is threatening to turn my account over to a collection agency (NCO). What can I do?

If it were me, no matter what I would not give in.

JMO, If you, yourself know you acted in good faith, (you did not end up with both the money and the item), and you can prove it, stick to your pistols.

If they want to harrass you and/or take you to court, let them waste their resources. Just be sure to properly and officially dispute the dept right off. They are powerless to do a thing unless they prove you owe.

That is just another sleazy outfit with a terrible rep and lots of lawsuits and complaints. (A perfect compliment to sleazebay and painpal)

You might also consider writing your sate AGs office, as paypal just got sued in 28 states, it may be fresh enough in someones mind to get attention.

Maybe xppman will ring in with some more advice or info.

boredposter · Going for the Medal!

jsevier14 wrote: Do I need a lawyer now?

Answer: Yes, you do. You have stolen money and you need to return it or suffer the consequences.

jsevier14 · Noob

OK, I know this was a total troll post, but, if you would read my posts again, you would realize I was the one who had money stolen from ME.

IceBlueEyes · Top Poster

Bored! Be nice, k?

anonymous · Top Poster

Jeff just to fill you in about this reallybored person. We strongly suspect it is a former sleazebay seller who was NARUd for shill bidding, then NARUd again for abusing ebay.(NARUd means he is a scam artist who got caught and got booted)

Furthermore, you can get more of this persons posting habits over at the ebay sucks forum on paypalsucks dot com, just look for the outright vulgarity.

It seems PayPal/sleazebay supporters or feel the need to use the most vile tactics since the factrs overwhelmingly prove what shysters paypal/sleazebay are/is.

They, (this really bored poster, and those like IT) seem to hate this site and other freedom of speech sites as well for some reason...

-- Edited by anonymous at 22:24, 2006-10-16

IceBlueEyes · Top Poster

J, sometimes you can consult with a lawyer before you start racking up fees. Somewhere on this board a book is mentioned and a name and address of someone that has everything you need to sue e-bay/pp. sucessfully. yea!

peeptoadruth · Going for the Medal!

The first thing you need to do is to get an answering machine to screen your calls. Bill collectors HATE answering machines. If they can't talk to you, they can't harass you or try to persuede you to settle with them. Next, NEVER admit the debt is valid, no matter what. And NEVER send them even one red cent as a settlement or repayment plan. As soon as you send them any money you are admitting the debt is valid and you're screwed.

There is no need for your lawyer to call them. They're calling your bluff. If your lawyer calls them, he or she will get nowhere with NCO. They are THE sleaziest collection agency around and cannot be trusted at all. DO have a lawyer get a cease and desist order if you feel the debt is not valid and believe they are harassing you. They CANNOT harass you, especially if you are contesting the debt.

And one more thing. If NCO sends you a request to pay the debt or contest it, immediately send them a registered letter and state that you are contesting the alleged debt and it is your legal right to have the debt proven valid in a court of law. Good luck and don't allow them to harass you. You have rights and they must abide by laws set up regarding collection agency practices. Take care.

xppman · Top Poster

Ditto to Ruth's post

THE FAIR DEBT COLLECTION PRACTICES ACT
has all the information one needs to fight back.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

jsevier14 · Noob

All:

I felt like for anyone reading this casually I had to say something to the troll. I figured he was another shill but other people reading this may not realize that... I don't take attacks on my integrity lightly, which is why PP is on my crap list at the moment.

As far as the help offered... You guys are awesome. I'm not surprised that PP would use a sleazebag collection agency. The C&D is the next step... Thanks for the information and I'll keep you posted!

jeff

unfrozen_caveman_lawyer · Senior Member

Hey Jeff

XMan is right. Take a look at the FDCPA and follow through. Find the NCO fax number and send them a request for proof of debt both by mail and fax. They have 30 days (I think) to comply. They hate that. As some have said, be a thorn in their side and let them know you will file every complaint you can against them. Good luck.

boredposter · Going for the Medal!

jsevier14 wrote: I felt like for anyone reading this casually I had to say something to the troll. I figured he was another shill but other people reading this may not realize that... I don't take attacks on my integrity lightly, which is why PP is on my crap list at the moment.

jeff

ALL: Here is what you need to know about Jeff's integrity: he has said this on the original thread where he laid out his problem:

First, xppman says:

From what I gather, jsevier14 is NOT out anything (real money) at this point.

And Jeff answers:

You're again 100% correct on all counts. I am not out any real money.

So there you have it folks. He's not out any money. Thus, he has stolen money and he needs to return it or suffer the consequences.

xppman · Top Poster

LOL "suffer the consequences". ROFLMAO

anonymous · Top Poster

xppman wrote:

LOL "suffer the consequences". ROFLMAO

Very well said.

xppman · Top Poster

Honestly I don't know what to say about these koolaid drinking idiots anymore.

Same old tired BS over and over again coming from them.
It's really become quite sad and boring too.

jsevier14 · Noob

Well guess what guys... ICS, also known in these parts as NCO, has given me a little gift. They violated Section 805 of the FDCPA by discussing the situation with my wife over the phone. This is clearly in violation of the Federal statute.

I've completed the Cease and Desist and I am considering the validity of filing a complaint with my state's Attorney General's office and the FTC over the Section 805 violation.

Question 1: Will that provide me any protective value down the line incase this goes to some sort of legal proceeding?

Question 2: When they recieve the C&D, historically what has been ICS's response? Do they normally back off at that point or are they going to gather the paperwork I demanded and drag me into court?

I feel like filing the complaint is valid even if it doesn't carry any real value. The principle of their patent unprofessionalism as far as I am concerned is enough. Talking to a spouse about a disputed invoice or "debt" is horribly ridiculously stupid for a debt collector. Everything you guys have said here and over at PPSUX has been validated, although I had no reason to doubt what I've been told here.

Thanks again...

peeptoadruth · Going for the Medal!

Unless they are harassing you on a daily basis, I would ignore them. They left a couple of messages on my answering machine last year, but since I ignored them, they haven't left any since then. They sent me a demand for payment and I did reply to that. I told them I was contesting the debt and that was it. No contact from them since last October. If you have stated you are contesting the debt, that should be the end of it for NCO. Do not let them harass you. But do not let them think they are getting the better of you by calling you all the time. They're like you're typical bully. If you ignore their tauts, they will eventually give up and move on to the next person on their list.

xppman · Top Poster

Ditto what Ruth said except I would go ahead and file the complaint about the violation.

When you send them a CEASE AND DESIST letter via CERTIFIED RETURN RECEIPT MAIL.

In that letter I would advise them of your rights under the FDCPA and that ANY FURTHER communication on this matter needs to be sent to you via official US mail or other courier in hard copy. NO MORE E MAILS OR PHONE CALLS.
I would also advise that you wish to no longer do business with them PP
therefore negating any further obligations by you under their UA.

jsevier14 · Noob

Ruth:

NCO has been calling me incessantly all week. I am not answering their calls, which may be why they've been calling so much. But, They are calling my cel phone at least 6 times a day, and my wife told me they called at home at least twice. Chances are they've been calling here as many times as they do my cel. I talked to them on the phone one time and informed them the issue was in dispute, and then they let it rest one day then came back full force as of Monday of this week. Whether or not that is "harassment" I guess is open to debate.

XPP:

Having read your previous posts on this matter I incorporated your suggestions into my C&D. I also sent it via Certified Return Receipt Mail. The only thing I didn't include was the intent not to do business with PayPal, primarily because that's between me and PayPal. As far as I am concerned NCO is simply involved in this as a matter of opportunism. They seem to be acting like a bully-for-hire. I imagine the business arrangement goes something like PayPal telling them "if you can get this collected for us we'll give you 10%". They must work cheap because their professionalism is a joke. As far as PayPal goes, there is no question I am done with PayPal forever and I assume I will have to present them with a C&D which should include the intentions you describe. Is that what you're saying I should do?

For your reference and that of anyone in the future researching similar issues, here is the text of my C&D letter... I addressed it directly to the party named on the mail correspondence they sent me last week. Thanks again for your help... I may have buckled without it.

-------------
In reference to your correspondence dated October 11, 2006 as related to the above System Reference Number, you are hereby notified that this matter is in dispute with PayPal, heretofore to be named as “the original claimant.” The claim referenced by the original claimant is not valid. Be advised that notice is sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b) that your claim is disputed and validation is requested.

I request that your offices provide me with competent evidence that I have any legal obligation to pay you. Pursuant to that objective, I request that you provide me with the following information:

• What the money you say I owe you is for
• Your method for calculation of said debt
• Copies of any papers that show I agreed to pay your organization said amount
• Verification or copies of any judgment related to this matter, if applicable
• Proof that the Statue of Limitations has not expired on this account
• Proof that you are licensed to collect debt in the State of Ohio, including your license numbers and Registered Agent

I also hereby notify you that if your offices have reported disputed or invalidated information to any Credit Bureau Reporting agency, this action may constitute fraud under both Federal and State Laws. Any attempt to report negative information on your own behalf or that of the original claimant will result in my filing a complaint with the Federal Trade Commission as well as the Ohio State Attorney General’s office.

If your office is able to provide the above documentation as requested under the provisions of the Fair Debt Collection Practices Act, I will require 30 days to investigate and validate this information. Upon your receipt of this notification, you are hereby requested to cease and desist attempting to contact me by telephone. During the 30 day investigation period, any and all collection activity must also cease and desist. Any future attempt to contact me in reference to this matter must be completed in writing and sent to the address noted in this letter by USPS Certified Return Receipt Mail.

xppman · Top Poster

As far as PayPal goes, there is no question I am done with PayPal forever and I assume I will have to present them with a C&D which should include the intentions you describe. Is that what you're saying I should do?

You could do that. I was being sarcastic because it's in thier UA
that at any time either party can decide not to business so. LOL
That kind of kills and contractually agreement.

Sounds like you go it covered very well.
They... both the collections agency and PP will leave you alone.

Oh another little trick if you are tied of the calls.
Pick up the phone, sound as professional as you can.
Ask them if you can record the conversation.
They will usually say now.
Then politely tell them to NOT contact you by any other means
other than official written correspondence.
tell NO PHONE CALLS OR E MAILS
Then say.
Oh by the way I went ahead and recorded this anyway.
Have a nice day. Click.

Many times that works to STOP the calls and of course t
he C&D should do the trick too.

Yuo got it man... they will run and hide now and pick on the next person.