• Report: #227082

Complaint Review: WFS Financial / WACHOVIA BANK

  • Submitted: Mon, December 25, 2006
  • Updated: Mon, December 25, 2006

  • Reported By:Boston Massachusetts
P.O. Box 25341 Santa Ana, California U.S.A.

WFS Financial / WACHOVIA BANK Unfair Debt Collection Act / Illegal Wiretapping / Skiptracing Santa Ana California

*Consumer Suggestion: Richard, a few tips to help you fight WFS

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In November of this year I received a phone call from the Northeast field office located in Massachusetts. It was in regards to my spouces' (2) Two late payments. First of all, the loan is in my spouces' name only. This was the 63rd phone call to me in 3 weeks ! That's right, sixty three phone calls !

I informed them that I was NOT on the loan and that they were harrassing me. I would not let them speak to my other half since they were being such a***les. Neither one of us received anything in writing so phone conversations were out of the question.

Two days prior to this my brother, who lives out of state, contacted me late at night and informed me that he had just received a phone call from WFS and they proceeded to tell him that they were trying to get a hold of me regarding a " financial emergency " and if he would be so kind as to contact me on their behalf !

Now granted, I know a little bit about collections and I am familiar with the practice of " skiptracing ". In case you are not familiar with this process I would suggest to you that you research it out.

Anyway, let me get back to my phone conversation about the " bimbo " on the other line. I informed her that if she wanted the vehicle that she could come and get it herself or that I would personally deliver it to them.

Well, she gave be a bunch of s** then hung up on me. I called her right back and asked her how would she like it if I called her repeatedly every day. She now informs me that she has been recording me as well.

Well, in Massachusetts it is ILLEGAL to record or eavesdrop on a person without their prior consent and to use it against them at a later date. You must have a TWO PARTY consent. Example of this would be something like ... " you have reached so and so, this phone call may be monitored for quality control purposes. "

So, after she hangs up on me a second time I receive a phone call from their local police department informing me that I had " verbally trespassed " onto their property and that I would be arrested if I showed up there. Verbally Trespassed ? What the F#@! is that !! Are you F#@! kidding !!

Now, forward ahead two weeks. A letter comes in the mail that a restraining order was issued from their corporate offices ( Wachovia Bank )and that if I entered ANY Wachovia facility, nationwide, I would be considered to be trespassing and I would be arrested !

Mind you now, how the F#@! do they know what I look like ? Is there a wanted poster of me in every Wachovia bank in this country ? Am I on a terrorist hit list ? Did I make America's Most Wanted with John Walsh ?

Are these people for F#@!'IN' real??

Hold on , it gets better ! Last week my local police department shows up at my front door and serves me with a criminal complaint filed against me and that I am to be ARRAIGNED for " threatening to commit a crime !!! "

Are you kidding ? Now I have to drive two hours to the courthouse, miss a day of work and God only knows what else !!!My luck I'll be on the six o'clock news or CNN !!

BUT, THERE IS HOPE ! I spoke to a criminal attorney friend of mine who said that I have a HUGE CASE against them !!
Because, the FTC ( Federal Trade Commission ) states that in Massachusetts, anyone who records and/or eavesdrops on another without prior two party consent will be guilty of a FELONY punishable for up to (5) Five years in prison and a $10,000.00
(Ten Thousand) dollar fine !!

So, I am filing charges against WFS ( We F#@!IN" Suck )and let me tell you that I intend to take them for every F#@!IN' dime that they have got !!! And you can sure as hell bet that it won't be deposited in a " Wachovia " institution !!

Merry Christmas !

Boston, Massachusetts

This report was posted on Ripoff Report on 12/25/2006 07:58 AM and is a permanent record located here: http://www.ripoffreport.com/r/WFS-Financial-WACHOVIA-BANK/Santa-Ana-California-92799-5341/WFS-Financial-WACHOVIA-BANK-Unfair-Debt-Collection-Act-Illegal-Wiretapping-Skiptraci-227082. 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

Richard, a few tips to help you fight WFS

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)


You have several things in your favor here.

First, WFS is a third party collector and are bound by the provisions of the FDCPA. The 63 phone calls was a blatant violation as it was done clearly to harass. On top of this they operate out of CA who has very tough state collections laws.

The FDCPA is very clear on this and allows for statutory damages of up to $1000 plus legal costs and actual damages. Therefore, get a high priced lawyer, rack up the legal bills, and get them for your transportation costs and time off work, etc. get statements and keep reciepts. File a lawsuit immediately!

I would have the lawyer subpoena both your phone records and theirs, as well as the tapes of the conversations. And if the tapes come up "missing", that will make your case and possibly an obstruction of justice charge for destroying evidence.

Also be sure to get a copy of the statement that lowlife collector made to get the restraining order and charges filed. It is a felony in many states to file a false official statement.

Here's the kicker! You can sue the individual collector personally, separate from the collection agency! This is what these lowlife never understand. SUE the collector personally!

And get criminal charges filed on both the collector and the collection agency management for the illegal recording of your conversations.

Hammer these fools!
Don't get mad, get paid!
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