Threatened With Fraud Charges Over a Debt Collection
My question involves collection proceedings in the State of: Florida.
I had a Wachovia account way back when and it was overdrawn and I couldn’t pay it they closed the account and reported it to chexsystems as fraud.
Never hear anything from it, couldn’t get a bank account for a while and all the sudden I get a call saying they need to deliver certified mail I ask for what?
Guy says I owe Wachovia 1900 and they are starting litagation to sue me and criminal charge me for fraud. I say whoa whoa I never heard anything g about this can u explain he said oh u either go to Court or resolve it I ask how would I resolve it he says he can put me on a payment plan I say ok and ask for an email with the terms he says I must sign the email.
This account is from 2010. I called and said I did not like the terms he has listed on the payment and I would like to wait and review my packet to see more information.
He informs me if I do not go through with the payment it will be classified as fraud and I will be Arrested.
Help......
Re: Threatened With Fraud Charges Over a Debt Collection
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Davefla9044
Guy says I owe Wachovia 1900 and they are starting litagation to sue me and criminal charge me for fraud.
Have you investigated to see if "guy" is a debt collector or, as I suspect to be the case, a representative of a junk debt buyer?
"Guy" is violating the Fair Debt Collection Practices Act (FDCPA).
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Quoting Davefla9044
he says he can put me on a payment plan I say ok and ask for an email with the terms he says I must sign the email.
Don't agree to anything.
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Quoting Davefla9044
This account is from 2010.
If you mean the account was closed in 2010, then in Florida you're past the statute of limitations. "Guy" is violating the FDCPA by threatening suit, even before we get to the violation he's committing by threatening criminal charges.
Re: Threatened With Fraud Charges Over a Debt Collection
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Davefla9044
My question involves collection proceedings in the State of: Florida.
I had a Wachovia account way back when and it was overdrawn and I couldn’t pay it they closed the account and reported it to chexsystems as fraud.
Never hear anything from it, couldn’t get a bank account for a while and all the sudden I get a call saying they need to deliver certified mail I ask for what?
Guy says I owe Wachovia 1900 and they are starting litagation to sue me and criminal charge me for fraud. I say whoa whoa I never heard anything g about this can u explain he said oh u either go to Court or resolve it I ask how would I resolve it he says he can put me on a payment plan I say ok and ask for an email with the terms he says I must sign the email.
This account is from 2010. I called and said I did not like the terms he has listed on the payment and I would like to wait and review my packet to see more information.
He informs me if I do not go through with the payment it will be classified as fraud and I will be Arrested.
Help......
That is a scamming, dirty debt collector. For one thing, you are way past the statute of limitations for anything criminal. Its been 7 and the statute of limitations for fraud is 4 years. You are also past the statute of limitations in Florida (assuming that the debt was entered into in Florida) for debt as well, as that is 5 years therefore if you are sued for the debt that would be a winnable defense.
The collector is trying to scare you into just paying him without taking the time to find out that he is full of hot air. If you end up speaking to him again inform him that you are aware that the statute of limitations for fraud is 4 years and debt is 5 years, therefore its illegal for him to threaten to have you arrested and to threaten to sue you and that you will reporting him to the Federal Trade Commission for violating the Fair Debt Collections Act.
Re: Threatened With Fraud Charges Over a Debt Collection
He works for a company called allied recovery services.
I told him he is passed the SOL and he said that was for personal loans etc said it didn’t apply to bank accounts like checking.
I told him I do not wish to go any further with him and if it needs to go to court so be it. He was getting more aggressive and shorter responses with some chuckles.
Said I will be charged with fraud.
I have never heard anything from this account that was closed in 2010 and Wachovia isn’t even a company anymore, I have a good standing account with Wells Fargo you would think they would say something.
Ignore it?
Re: Threatened With Fraud Charges Over a Debt Collection
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Davefla9044
He works for a company called allied recovery services.
I told him he is passed the SOL and he said that was for personal loans etc said it didn’t apply to bank accounts like checking.
I told him I do not wish to go any further with him and if it needs to go to court so be it. He was getting more aggressive and shorter responses with some chuckles.
Said I will be charged with fraud.
I have never heard anything from this account that was closed in 2010 and Wachovia isn’t even a company anymore, I have a good standing account with Wells Fargo you would think they would say something.
Ignore it?
Yes, ignore it.
Re: Threatened With Fraud Charges Over a Debt Collection
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llworking
Yes, ignore it.
Report it to the FTC and to the state.
Re: Threatened With Fraud Charges Over a Debt Collection
He called today and told me since I would not agree to his terms he would be contacting the local law enforcement and pressing fraud charges criminally as well as civil for the dispute.
I was supposed to receive “certified mail” on Wednesday and that never came.
What should I do
Re: Threatened With Fraud Charges Over a Debt Collection
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Davefla9044
=What should I do
Again,
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Mr. Knowitall
You can also look for lawyers in your state who handle FDCPA violations; they can be difficult to find in many states, but you may be lucky. You can also consider bringing a FDCPA claim in small claims court.
Re: Threatened With Fraud Charges Over a Debt Collection
Record the Conversation Get an attorney...Sue him for FDCPA violations