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  • Report: #386373

Complaint Review: National Action Financial Services, Inc.

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  • Submitted: Thu, October 30, 2008
  • Updated: Thu, October 30, 2008

  • Reported By:Milwaukie Oregon
National Action Financial Services, Inc.
165 Lawrence Bell Dr Ste 100 Williamsville, New York U.S.A.

National Action Financial Services, Inc. Continues to call & mail bills to a person that will be incarcerated for 8 yrs Williamsville New York

*Consumer Suggestion: This should stop them dead in their tracks.

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This company continues to write and call at all hours; trying to collect a debt from my son that will be incarcerated for 8 years.

I have told them over and over I am not responible for this debt and where this person can be reached.

I am caring for my sons 3 small children and do not need the stress of this debt collector; my energy needs to go these 3 small children, one being disabled.

National Action financial Services does not listen to what you are saying.

Sandra
Milwaukie, Oregon
U.S.A.


This report was posted on Ripoff Report on 10/30/2008 11:44 AM and is a permanent record located here: http://www.ripoffreport.com/r/National-Action-Financial-Services-Inc/Williamsville-New-York-14231-9027/National-Action-Financial-Services-Inc-Continues-to-call-mail-bills-to-a-person-that-w-386373. 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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#1 Consumer Suggestion

This should stop them dead in their tracks.

AUTHOR: Robert - (U.S.A.)

You should send them a certified, return receipt requested letter demanding that they stop harassing you immediately. Explain to them that your son does NOT live with you and include contact information for him at the facility where he is incarcerated. You should also mention to them that they are violating the FDCPA by continuing to contact you about HIS debt.

More importantly, you should remind them that they are violating Article 29H of the the New York State General Business Laws by deliberately harassing you and that if they make any further contact with you, it will be considered a deliberate act to inflict emotional harm and a deliberate violation of Article 29H and that you will file CRIMINAL complaints with the Erie County District Attorney and/or the New Yorks State Office of the Attorney General.

If they are fool enough to contact you again after they receive your letter, you've got them! Proceed with a demand they be prosecuted by the county DA. You may also choose to hire an attorney to sue them in District Court (downtown Buffalo) for FDCPA violations as well as actual damages.

Article 29H applies to ANYONE attempting to collect consumer debt, creditors and debt collectors. Each occurance of violation is a seperate misdemeanor and can be prosecuted by ANY COUNTY District Attorney or the Attorney General.

You may contact the Erie Country District Attorney's office at this website to obtain information as to how to request prosecution: http://www.erie.gov/da/

You may contact the NY State Office of the Attorney General at this website to file a complaint: http://www.oag.state.ny.us/

Good luck.

Here is the law:

ARTICLE 29-H
DEBT COLLECTION PROCEDURES
Section 600. Definitions.
601. Prohibited practices.
602. Violations and penalties.
603. Severability.

600. Definitions. As used in this article, unless the context or subject matter otherwise requires:
1. Consumer claim" means any obligation of a natural person for the payment of money or its equivalent which is or is alleged to be in default and which arises out of a transaction wherein credit has been offered or extended to a natural person, and the money, property or service which was the subject of the transaction was primarily for personal, family or household purposes. The term includes an obligation of a natural person who is a co-maker, endorser, guarantor or surety as well as the natural person to whom such credit was originally extended.
2. "Debtor" means any natural person who owes or who is asserted to owe a consumer claim.
3. "Principal creditor" means any person, firm, corporation or organization to whom a consumer claim is owed, due or asserted to be due or owed, or any assignee for value of said person, firm, corporation or organization.

601. Prohibited practices. No principal creditor, as defined by this article, or his agent shall:
1. Simulate in any manner a law enforcement officer, or a representative of any governmental agency of the state of New York or any of its political subdivisions; or
2. Knowingly collect, attempt to collect, or assert a right to any collection fee, attorney's fee, court cost or expense unless such charges are justly due and legally chargeable against the debtor; or
3. Disclose or threaten to disclose information affecting the debtor's reputation for credit worthiness with knowledge or reason to know that the information is false; or
4. Communicate or threaten to communicate the nature of a consumer claim to the debtor's employer prior to obtaining final judgment against the debtor. The provisions of this subdivision shall not prohibit a principal creditor from communicating with the debtor's employer to execute a wage assignment agreement if the debtor has consented to such an agreement; or
5. Disclose or threaten to disclose information concerning the existence of a debt known to be disputed by the debtor without disclosing that fact; or
6. Communicate with the debtor or any member of his family or household with such frequency or at such unusual hours or in such a manner as can reasonably be expected to abuse or harass the debtor; or
7. Threaten any action which the principal creditor in the usual course of his business does not in fact take; or
8. Claim, or attempt or threaten to enforce a right with knowledge or reason to know that the right does not exist; or
9. Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law when it is not.

602. Violations and penalties.
1. Except as otherwise provided by law, any person who shall violate the terms of this article shall be guilty of a misdemeanor, and each such violation shall be deemed a separate offense.
2. The attorney general or the district attorney of any county may bring an action in the name of the people of the state to restrain or prevent any violation of this article or any continuance of any such violation.

603. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid the invalidity thereof shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this and the provisions of this article are severable.
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