[KDofPA]

The other day (tuesday the 25th of Jan.), I answered the phone, and heard an automated message from an auto-dialer. It started with the standard "This message is for <Insert my wife's name here>". If this is not <wife's name here>, please hang up as in 3 seconds, the message will begin.

At that point, I simply hung up, as it smacked of something sinister in Denmark. I *69'd the number and it came up 877-495-0497. I then googled the number, and there were many entries with ER solutions as the owner of that number (and message boards filled with complaints). I then used my phone service to automatically block the number, to prevent further contact.

The question is this: Has anyone ever dealt with these people, and what should I expect. I haven't heard a thing since then, and did read they have more than one number they utilize. I'm aware of the FDCPA's laws stating they have 5 days to contact us with the standard "We are a debt collector etc., so i'm just waiting that out, but i'd like some information for ammunition. Whatever debt they're after, is far past the SOL (I pulled my wife's credit reports and voila, there was a soft pull from ER Solutions on 1/21/12, but aside from that, her report was squeaky clean).

I will say I was kind of expecting a JDB to come out of the wood work, as my wife just got pre-approved for a mortgage (on 1/19/12) so they must have software or something that raises a flag when someone they're watching applies for credit. (I've read of JDBs inserting crap on credit reports to try to hold your credit hostage) I will be monitoring her credit report for the time being to make sure they don't try any fishy business.

[Cada]

Never heard of ER Solutions but debt buyers/collectors seem to be multiplying like rabbits these days.

If it were me, I'd have my full cease and desist letter written in advance while waiting to see if ER sends anything. I'd state in the letter any alleged debt they're trying to collect is beyond the SOL and is time-barred so no payments will ever be made to ER, to stop monkeying around with my credit reports and to never contact me again. I'd also file a complaint with the FTC and my states attorney general if I felt the company was going to try to ruin my credit over a time-barred debt. I'd reference both agencies and the complaint numbers in the cease and desist letter to ER. I'd send this letter via cmrrr and keep the little green card in a safe place forever.

If they don't send the letter within 5-days, I'd hunt them down and send the cease and desist letter anyway via cmrrr.

[KDofPA]

Cada, on 27 January 2012 - 01:31 AM, said:

Never heard of ER Solutions but debt buyers/collectors seem to be multiplying like rabbits these days.

If it were me, I'd have my full cease and desist letter written in advance while waiting to see if ER sends anything. I'd state in the letter any alleged debt they're trying to collect is beyond the SOL and is time-barred so no payments will ever be made to ER, to stop monkeying around with my credit reports and to never contact me again. I'd also file a complaint with the FTC and my states attorney general if I felt the company was going to try to ruin my credit over a time-barred debt. I'd reference both agencies and the complaint numbers in the cease and desist letter to ER. I'd send this letter via cmrrr and keep the little green card in a safe place forever.

If they don't send the letter within 5-days, I'd hunt them down and send the cease and desist letter anyway via cmrrr.

I have a SOL/Cease Communications template all ready, I just need to input the relevant information, and it's good to go. As to the 5 day period, I didn't listen to the full message, so I don't even know if they state who they are, what they want, and what/whose debt it is (her credit reports are totally clean of anything negative, so I can't even take a guess). The only reason I know who it is, is *69 from my telephone, which I googled the number, and I simply made an educated guess that it had something to do with the soft pull on her credit report. The strange thing is, only Experian listed the soft pull. Both Transunion and Equifax had no record of the pull. Maybe ER Solutions only pulls from one Agency.

I'm watching her credit reports on almost a daily basis (I tend to get pretty anal over stuff like this). After years of dancing the JDB dance, her credit score is 820, and I will do whatever necessary to protect that. (add to that Portfolio Recovery is trying to dance with my credit over a 9 year old debt at the same time, so i'm on the warpath)

Who knows, maybe they'll screw up and violate the FDCPA, and we can sue to cover the closing costs of the new house we're looking at

[Dunned Again]

KDofPA, on 27 January 2012 - 01:54 AM, said:

I have a SOL/Cease Communications template all ready, I just need to input the relevant information, and it's good to go. As to the 5 day period, I didn't listen to the full message, so I don't even know if they state who they are, what they want, and what/whose debt it is (her credit reports are totally clean of anything negative, so I can't even take a guess). The only reason I know who it is, is *69 from my telephone, which I googled the number, and I simply made an educated guess that it had something to do with the soft pull on her credit report. The strange thing is, only Experian listed the soft pull. Both Transunion and Equifax had no record of the pull. Maybe ER Solutions only pulls from one Agency.

I'm watching her credit reports on almost a daily basis (I tend to get pretty anal over stuff like this). After years of dancing the JDB dance, her credit score is 820, and I will do whatever necessary to protect that. (add to that Portfolio Recovery is trying to dance with my credit over a 9 year old debt at the same time, so i'm on the warpath)

Who knows, maybe they'll screw up and violate the FDCPA, and we can sue to cover the closing costs of the new house we're looking at

Can you legally record in your state? From my own experience,phone messages offer some of the best violations of the FDCPA. I keep my validation letters short and to the point.

[KDofPA]

Dunned Again, on 27 January 2012 - 11:55 PM, said:

Can you legally record in your state? From my own experience,phone messages offer some of the best violations of the FDCPA. I keep my validation letters short and to the point.

Sadly, my state is a two party state, and I cannot tape without letting them know it. I do think if they state they are taping, I can do so as well.

This is the bulk of the DV letter i'd send, if I don't go straight to a SOL/Cease communications letter:

_____________________________________________________________________________________________________________________________________________________________________________________
To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on month day, 2012. Be advised that this notice is sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I request that your offices send me documents that prove I owe this debt and that I have any legal obligation to pay you.

In the future, refrain from using the telephone as a means of contact, as it's inconvenient any time and any place.
_____________________________________________________________________________________________________________________________________________________________________________________


I'm thinking that going with a DV letter first, is the way to go, if they do try to make contact again. Having that in place offers a lot of protection for us in the long run, and opens up opportunities for them to commit violations, that we can take advantage of. Once I receive validation (if they even bother, or send something that doesn't meet the criteria), i'll hit them up with a SOL/Cease communications letter.

It's entirely possible they won't even do anything until our pre-approval turns into an actual mortgage application, at which time, they may try to play their games. That's where having the DV letter will come in handy.

Most of the information i've read about them indicates they do tend break the law, like try to re-age debts, and harass people over the phone, but generally move on to easier targets if the current one puts up any sign of a struggle. (It also helps that our credit reports are clean, and something new popping up will raise red flags).

My other thing I have to watch out for, is Portfolio Recovery Associates trying crap with me. For all intents and purposes, they are a much nastier JDB, and i'll really have to be vigilant with them. (My DV just arrived at their place of business friday the 27th, according to the USPS tracking service for my green card, so we'll see what they'll do)

[KDofPA]

Another thing to add to the above (I can't seem to edit my post), my telephone service is through my cable provider, and they have a nice little online feature where I can see all outgoing and incoming calls. It shows the caller's name, number and time/date called. (it has a print option as well) I figure if they do not make any contact by this wednesday or so (that's being generous with the 5 day requirement that they send the letter stating they are a debt collector etc. and that I have a right to have them validate within 30 days), they'll be in violation right off the bat. I'll be able to use that print out to show they've violated the FDCPA before even really communicating with us.

That's the impression i've gotten anyways, from reading up on the FDCPA laws. I just can't recall the actual act that describes it.

[Cada]

KDofPA, on 28 January 2012 - 01:59 AM, said:

Another thing to add to the above (I can't seem to edit my post), my telephone service is through my cable provider, and they have a nice little online feature where I can see all outgoing and incoming calls. It shows the caller's name, number and time/date called. (it has a print option as well) I figure if they do not make any contact by this wednesday or so (that's being generous with the 5 day requirement that they send the letter stating they are a debt collector etc. and that I have a right to have them validate within 30 days), they'll be in violation right off the bat. I'll be able to use that print out to show they've violated the FDCPA before even really communicating with us.

That's the impression i've gotten anyways, from reading up on the FDCPA laws. I just can't recall the actual act that describes it.

Copied from the FDCPA:

§ 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

If I'm wrong I hope someone corrects me but I don't think the first phone call would be considered the "initial communication" or a violation since nothing was said. I think there has to be an actual conversation and opportunity for collector to provide the required information. I don't think a number showing on a caller i.d. would be considered "communication" but just an attempt to contact an individual. If no one answers their calls, it would take longer for them to provide validation per the FDCPA or for you to request written validation. Who knows ... they may send the information anyway if they think no one is going to answer the phone.

[KDofPA]

Thank you for the information! I was going to do some hunting to find out what the exact act was. I suspect you're right about the initial contact thing, but they may not realize that, and I may end up scaring them off for good if they think i'm litigious and aware of my rights. It might actually count as the initial contact point, so who knows?

I think if I make us unappetizing, the shark will go elsewhere.

[KDofPA]

Well, I got the Dunning letter today. It's from one of ER Solution's alternate names/sister corps. called Convergent Outsourcing. It's pretty laughable. We moved from NH back in 2002. We had a dispute (they billed us 3 months after we left, even with notice) with one of the utility companies as to what we owed, and they wouldn't budge (and we moved to PA so we couldn't even take them to small claims court efficiently), so they dropped a $100 utility bill on our credit report.

Fast forward to today, ten years later, this scum of a collector is trying to collect something that is past both the state and federal statute.

Ordinarily, i'd mail off a DV letter to get things started, but with an amount so low (they won't bother going to extremes to collect a 100 dollar bill), i'm leaning to go right to the SOL/Cease communications letter.

[KDofPA]

One last thing: Can I legally instruct them to not sell or reassign this account to another party?

[Linx04]

Record away if you plan to sue in Federal as Federal deems every state a one party state if I recall correctly. I record EVERY conversation ALL the time with debt collectors, attorneys, credit bureaus and the like. Send them a FOAD letter now! Like cada said!

[KDofPA]

I'm spooling up the SOL letter as we speak. I just want to wait until monday, so I can pick up the certified letter forms to put the certified number on the letter. Then it's the waiting game to see if they go silent, or try to start something.

[Cada]

KDofPA, on 28 January 2012 - 03:50 PM, said:

One last thing: Can I legally instruct them to not sell or reassign this account to another party?

I don't think so, you can ask them but they don't have to oblige. Time-barred means they aren't supposed to take legal action or put the item back on your credit reports. It's my understanding debts can be passed around until the end of time. As long as there's a JDB/collector willing to buy it and try to collect, the debt may never really go away. There's collectors who try to collect debts that are 10-15 years or more beyond the SOL. There's also collectors who will file suit hoping you aren't paying attention, don't know your rights and don't show up in court. Lots of default judgment come out of that kind of monkey business. That's why it's so important to keep all your documents and send FOAD letters every time a collector contacts you about it.

[KDofPA]

Cada, on 29 January 2012 - 12:47 AM, said:

I don't think so, you can ask them but they don't have to oblige. Time-barred means they aren't supposed to take legal action or put the item back on your credit reports. It's my understanding debts can be passed around until the end of time. As long as there's a JDB/collector willing to buy it and try to collect, the debt may never really go away. There's collectors who try to collect debts that are 10-15 years or more beyond the SOL. There's also collectors who will file suit hoping you aren't paying attention, don't know your rights and don't show up in court. Lots of default judgment come out of that kind of monkey business. That's why it's so important to keep all your documents and send FOAD letters every time a collector contacts you about it.

Thanks for the response. I had suspected that they don't have to comply, and can recirculate the portfolio with another JDB/collector if they find they can't do anything with it themselves. The SOL letter i'll be sending should lock them down, and I suspect they'll go quiet. It wouldn't shock me to see them try to place it on the credit report, once the mortgage pre-approval turns into an formal request for a loan, in an effort to hold our credit hostage. If that happens, i'll have to take further steps, but I doubt it will happen.