I am writing this in regards a report Benjamin from NC wrote about Hurley State Bank and his Gateway account. This gets confusing so hang on. This is the list of companies that may or may not be actively involved in this clear violation of the Fair Debt Collection Act. They are Gerald E. Moore & Associates Worldwide Asset Purchasing, West Asset Management, Hurley State Bank, Citigroup, Associate Commerce Solutions, Citi Commerce Solutions.
First, my story is similar to Benjamins in the fact that I purchased a computer from Gateway in 2000. I never had any major problems with or anything like that. My story is with the account.
We had the account for 20 months and never missed a payment. We moved twice and never missed getting a bill in the mail. They stopped coming in early 2002. Right around the time, according to a Gateway employee, Gateway dropped Citigroup from their financing. My wife went to the now closed store two months in a row asking about the bill and she was told not to worry that a new company was handling our account and they would contact us.
This company never did and we had to dig out old paperwork and call Gateway. They told us that the account was charged-off and that there was nothing we could do. If youre saying, "this is all your fault", you right, lesson learned.
We have since then tried to settle this account with a collection company in Chicago. When they became abusive we got a lawyer(family member). This company for some reason would not call our lawyer and eventually stopped calling us. Yes, they called us after they were given the lawyers information. They also would not send me my account information even after I mailed them a certified letter requesting it.
Which leads me to Gerald E. Moore & Associates, PC of Atlanta. They have recently sent me a letter with false and missleading informationon it. The first false statement in the letter is that I owe them $3124.39. The second is that they are acting on behalf of Worldwide Asset Purchasing.
They next thing is that they may have knowingly reported false information to Equifax. I'm not sure of this part, but I hope to inquire with Equifax on who submitted the information to them. This account did not show up on Equifax until recently. I purchased a car last year and it was not on the Equifax they pulled. Equifax is located in Atlanta just like Gerald E.Moore & associates. So was Worldwide Asset Management when it legally existed. Look at this site URL (http://www.budhibbs.com/ debtcollectorpages/worldwide_asset_purchasing
_bud.htm), if you want to see someones opinion of the kind of people these are.
Section 807 of Fair Debt Collection Act
(Read number 10)
807. False or misleading representations [15 USC 1692e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
West Corporation bought Worldwide Asset Management LLC around August 2004. West changed the to West Asset Management in January 2005. Therefor this letter gives the name of a company that no longer exists. The company out of Chicago collected for West Asset Management, who originally purchased the account from Citigroup.
The other part of this is what is showing on my Equifax report. It lists the account under Hurley State Bank. I have never dealt with Hurley. The connection here is that part of Hurley State Bank was purchased by Citigroup in 2001 or so. The the other part of the report is the address and C/O company which is:
C/O Associates Commerce
PO Box 8189
Johnson City, TN 376150189
Associates Commerce has nothing to do with this whole thing just like Hurley State Bank doesn't. For that matter, neither does Johnson City. Associates Commerce is really Associates Commerce Solutions of Gray, TN. They were purchased in December 2000 by a company called Citi Commerce Solutions(a.k.a. Citigroup Inc.)Their address is:
Citi Commerce Solutions
541 Sid Martin Rd.
Gray, TN 37615-6210
There are to many peices of information that are just bullcrap for this to not be a crooked group of people. The statute of limitations as far as legal acton has past for my state. The account was paid down to $500 before all of this happened. I am also going to report this to my State Attorney Generals office as weel as the Georgia State Attorney Generals office.