• Report: #233587

Complaint Review: National Action Financial Services

  • Submitted: Tue, January 30, 2007
  • Updated: Thu, February 01, 2007

  • Reported By:Pee Dee Region South Carolina
National Action Financial Services
165 Lawrence Bell Drive Ste. 100 Williamsville, New York U.S.A.

National Action Financial Services, Inc NAFS illegally threatens suit & illegally discloses sensitive info Williamsville New York

*Consumer Suggestion: RESPONSES

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I've heard that the law prohibits debt collectors from threatening suit and from disclosing personal information to others. While housesitting, I hear an incoming call as it's recorded on friend's answering machine. Here's thrust of the call: This message is for Ms. X this is James Morrel A legal docket will be litigated in T'ville District Court Legal Docket # XXX regarding an unpaid SXXRS MXXXXR-CXXD call back immediately to 800-982-0484.

1) Neither my friend (Ms. X) nor I have ever communicated to the caller or his company. I am not related to Ms. X; not by blood, not by marriage, not ever.
2) T'ville is a small municipality and has only a City Court and a County Magistrate Court. T'ville is not name of County nor is it a County Seat.
3) T'ville is in the County of FX where the City of FX is also the County Seat of FX.
4) The alleged Legal Docket # XXX bears absolutely no resemblance to our courts' typical docket number format/sequencing; it is similar to a M/C account #.
5) The caller ID read Williamsville NY 716-650-6240 I traced both it and the message's return callback # to NAFS:

National Action Financial Services, Inc.
165 Lawrence Bell Drive Ste. 100
Williamsville NY 14221
Phone: 800-982-0484

A. I interpret the call as threatening law suit; I believe any reasonable person would agree.
B. Has this collection agency (NAFS) violated the law by threatening lawsuit? If so, which code & section?
C. I also interpret this call as a collection agency disclosing personal information to an unrelated third party that Ms. X is being sued for an unpaid M/C; I believe any reasonable person would agree.
D. Has this collection agency (NAFS) violated the law by such disclosure? If so, which code & section?

Janonymous
Pee Dee Region, South Carolina
U.S.A.

This report was posted on Ripoff Report on 01/30/2007 04:15 PM and is a permanent record located here: http://www.ripoffreport.com/r/National-Action-Financial-Services/Williamsville-New-York-14221/National-Action-Financial-Services-Inc-NAFS-illegally-threatens-suit-illegally-disclose-233587. 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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0Author 1Consumer 0Employee/Owner
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#1 Consumer Suggestion

RESPONSES

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

I am not an attorney and others will probably be along with excellent advice.

A. I interpret the call as threatening law suit; I believe any reasonable person would agree.
>> Sounds like it to me too
B. Has this collection agency (NAFS) violated the law by threatening lawsuit? If so, which code & section?
>> Only if they have no intention of filing a lawsuit has there been a violation per FDCPA (see privacyrights.org for additional infor)

A debt collector threatened to sue me. Can it do that?

A collection agency can file a lawsuit to collect a debt. However, among the many things a collector is not allowed to do is threaten you with a lawsuit just to get you to pay the debt. Examples of threats and deceptive practices prohibited by the FDCPA are when the collector:

- Says it will garnish your wages or sell your property if it is not legal to do that.
- Says it will sue you, if the collector doesn't intend to sue.
- Is not truthful about the amount of money you owe.
- Says you will be arrested if you don't pay the debt.
- Threatens you with violence.

C. I also interpret this call as a collection agency disclosing personal information to an unrelated third party that Ms. X is being sued for an unpaid M/C; I believe any reasonable person would agree.
>> Concurrence on this issue
D. Has this collection agency (NAFS) violated the law by such disclosure? If so, which code & section?
>>See FDCPA because you will probably find additional violations ...


Regarding the telephone conversation. This can go either way depending upon how privacy issues are interpreted. I would say the caller provided too much information (giving "docket numbers") but since you were simply there and the message was left was there a true sense of privacy is to be assumed by the calling party. Some of the collectors - Don or "J" can probably give better insight on how they handle the situation.

Per privacyrights.org ..

Ask questions and learn specifics. Often the first contact with the debt collector is a telephone call from a representative, a pre-recorded message asking you to call a mysterious toll-free number, or a letter. When a collector calls or you call back, get as much information as possible. Ask for the name of the caller, the collection agency, the creditor, and the address and fax number for sending correspondence. Also ask about the amount the collector claims you owe. In this first call, you should also tell the caller you expect written follow-up if you have not yet received a notice in the mail



GENERAL INFORMATION FROM VARIOUS SITES ON DEALING WITH COLLECTION AGENCY'S

Tell them to validate by

. What the money you say I owe is for;
? Explain and show me how you calculated what you say I owe;
? Provide me with copies of any papers that show I agreed to pay what you say I owe;
? Provide a verification or copy of any judgment if applicable;
? Identify the original creditor;
? Prove the Statute of Limitations has not expired on this account
? Show me that you are licensed to collect in my state
? Provide me with your license numbers and Registered Agent


1. NEVER talk to a collection agency on the phone. Period.
2. Keep good records. This can be the difference between a good and bad settlement. Don't expect them to remember you or what you agreed upon.
3. Send all correspondence via registered mail, receipt requested and put the registered mail number ON THE LETTER. DO NOT SIGN THE LETTER ? TYPE YOUR NAME
4. Keep a copy of every letter you send.
5. Penalties and extra interest are typically fictious amounts of money added on by the collection agency to pad their profits. Sometimes as much as to 50% of the debt or more claimed to be owed by a collection agency consisting of interest and fees. This is illegal, every state has usery laws (which dictate the maximum interests allowed to be charged. That is except North Dakota. There are no such laws which is why most credit card companies incorporate there.) Junk debt buyer pay anywhere from 1 cent to 7 cents on the dollar, there is no way there is this much interest.
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