ED Magedson – Founder
FINGERHUT6250 RIDGEWOOD ROAD ST CLOUD, Minnesota United States of America
FINGERHUT has a mail order catalog peddling crappy merchandize and extends c redit to unwary consumers with distressed credit. They make money off of outrageous late penalties and interest charges. Agressive collection methods are used.
This is how to deal with them.
To terminate an unpleasant conversation the consumer will often make a promise to remit a certain sum of money by a certain date. If the consumer sends the money they will immediately call and ask for more. If the consumer does not send the money as promised they will call and use that broken promise to shame the consumer.
What you say is: "Do you want me to make a new promise I am not sure I can keep when I've already broken my first promise to you? I will send what I can when I am able" and terminate the conversation.
When FINGERHUT calls again answer all questions by saying there has been no change and tell them you have repeatedly told them all the information on the matter and are not about to repeat it all again and that they should have all the data they need in their file.
When FINGERHUT finally turns it over to a collection agency tell them by a letter that "It is not convenient to contact me by telephone at home or at work" request a "verification" or "validation" of the alleged debt under the provisions of the Fair Debt Collection Practices Act of 1977 (FDCPA) and send a copy of that letter to ACA International, the professional association of collection agencies (a sham outfit with 5,000 members that purports to self-police that industry). It is a violation of the FDCPA to contact you again until they provide a "verification" or "validation."
If they do send a purported "validation" or "verification" what they send you will probably not be sufficient and write the collection agency back stating the purported "verification" or "validation" is not sufficient and make another request.
If they continue to contact you go to an attorney who knows about the FDCPA. The FDCPA is a "private attorney" consumer protection act and Congress intended it to be enforced by private civil actions brought by consumers against debt collectors.
The incentive for attorneys to take these cases is the mandatory award of attorney fees and costs if the consumer prevails. There is a cap of $1,000.00 on "statutory" damages ("statutory" damages are whatr the Court can award the consumer without the consumer proving "actual damages" from the violation.
You can find pending cases against collection agencies for violations of the FDCPA by going to http://dockets.justia.com.
Often the sending of some sensible paperwork at the collection agency is enough to make them go on to an easier file as they have purschased the debt for as little as $0.03 on the Dollar!
Fight back against collection agency slime who play dirty!
The consumer can always recover "actual damages" but these are hard to prove.
This report was posted on Ripoff Report on 09/23/2009 08:41 AM and is a permanent record located here: http://www.ripoffreport.com/r/FINGERHUT/ST-CLOUD-Minnesota-56303/FINGERHUT-Peddles-crappy-merchandize-to-consumers-with-distressed-credit-ST-CLOUD-Minnes-499121. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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