I'm in Idaho, and the debt collector is in New York and the "current creditor" is also in New York (1-1/2 blocks away).
The debt collector began making phone calls on 9/2/14 - averaging probably 1 every other day for the past 2 weeks. These calls all came to my cell phone. I answered some and missed some. Some were automated messages, some were a person. I recorded many. No standard disclaimer was EVER made in any of these calls, in fact, in two of the calls I asked if the caller is a debt collector. He denies that he is a debt collector, and states that they are a mediator. Both of these calls are recorded.
I received 1 letter mailed the day I verified my mailing address with the 'mediator.' This letter makes the following statements:
- HSBC Card 2/1/2011 **note this date**
- We are a debt collector. Federal law requires us to inform you that this is an attempt to collect a debt. Information obtained can and will be used for that purpose.
- This office has been retained to collect a debt owed by you to the current creditor: JTM Capital Management, LLC. This is a demand for payment in full. (Emphasis mine.)
- The required disclaimers: Dispute in 30 days, dispute in writing and we will verify, request OC information and we will provide it...
I believe I have a case for FDCPA for the following:
1. During the conversations the 'mediator' gave the exact date the card was open, but extended the charge off by 2 years. He further explained (on questioning) that the 2/1/2011 date listed in the letter is the date of the charge off. Moving this date out 2 years puts this debt inside the SOL. 1692e. Standard false, deceptive, etc. Also 1692e(2)(A) misstating the character amount or legal status.
2. Several statements from pre-recorded messages and 'mediator' of 'legal documents' that are being prepared. ??Possible 1692(e)(3), but any paperwork that isn't illegal, is legal, so I won't hold my breath here. 1692e(13) would seem closer if even this applies.
3. 1692e(10) False representation or deceptive: "I'm not a debt collector" Changing dates.
4. Not a single standard disclaimer in multiple individual conversations and pre-recorded messages. 15 U.S.C § 1692e(11)
5. 1692f(1) They're claiming $2900, original amount $1900 (I haven't verified either of these numbers).
TCPA: Multiple phone calls, auto-dialed calls to cell phone.
I'm sending a dispute letter tomorrow - or soon thereafter. Here come the questions:
1. I'm considering inserting an ITS letter with a copy of my complaint. Good idea or bad?
2. I have an address for the 'mediator' but can't find their name in the New York corporations records. Who do I address and send the summons to? Mediator BTW is "Es ser, Ja mes and As sociates". No spaces. Can it simply be mailed CMRRR? FlyingIFR suggested in a "http://www.debtorboards.com/index.php/topic,26480.0.html"
post that in NY, it can be sent to the Secretary of State. However, I'm not finding this entity in their records.
Okay, that should be enough to get me started. Does anyone have any suggestions?
JTM (Current creditor) on New York state site. "http://appext20.dos.ny.gov/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=4549191&p_corpid=4549257&p_entity_name=jtm&p_name_type=A&p_search_type=BEGINS&p_srch_results_page=1"
and their website: jtmcm.com/services.html