J.D. Byrider JD Byrider J D Byrider Illegal collection practices NEW BRAUNFELS Texas

This guy spouts illegalities with every breath. Be warned.

The letter to J.D. Byrider, Corporate, in essence:

I recently dealt with the managing director [name] from your Saint Cloud franchise location. In addition to being rude and asking questions that were none of his business, he engaged in some clearly illegal practices. As I have no quarrel with the parent company of the franchise, I thought you (and he) should be made aware of his transgressions.

It may interest you to know that I am not the typical person [name] apparently deals with. I am a professional with an excellent reputation and certainly not in the income bracket [name] feels superior to. One benefit of my professional standing is an invitation from those in my network to answer legal questions without charge. It is truly amazing what 10 minutes each from 10-15 experts can yield. A further 10 minutes on the Better Business Bureau website and a quick phone call later... I don't want to spoil the surprise.

I had simply called to ask to defer a payment due to needing to obtain a family law attorney for a custody issue regarding my children. During the conversation [name] mentioned that my insurance had lapsed, and I agreed. He asked if the truck was being driven, and I said not for 6 months. He then asked if I had another vehicle, and I said we were using my girlfriend's vehicle. At about this time I realized that [name] was not entitled to any of this information and told him so. He was certainly not entitled to use it in determining what sorts of threats he could make.

While I am completely behind his right to decline to grant the deferment, [name] used this opportunity to harangue me about why I couldn't pay and engage, and I again told him about the legal retainer I had paid, and even answered his questions when he asked how much, believing he was working with in good faith.

When he threatened to have the car taken today due to the lack of insurance, I asked him how to get the insurance information to him today. He then asked, again in his exceedingly condescending manner, how I could afford to get insurance but not make the payment. At that point I realized that this man had no intention of dealing with me in good faith and was on a power trip like that expected of pre-pubescent teenagers.

In full disclosure, I also mentioned that in my previous interactions with him (an instance where I was working in L.A. and had lost my credit card and had to cancel it, making the auto-pay fail) he was "a d**k," because, well, he was.

In his condescending tone, which I mentioned to him several times, he attempted to tell me he would garnish my wages and my truck would be picked up today, both not only untrue, but in violation of federal and state law. For the record, I live in Texas. The more I tried to speak to him to resolve this matter, the more belligerent he became.

I was not at all surprised to find complaints about his professionalism, practices, and communication style filed with the Better Business Bureau. When I asked to speak with his supervisor, [name] condescendingly said "You're in luck. I'm part owner. I am the managing partner."

Legally, he is the managing partner for that specific location, yet he represented himself as at the top of J.D. Byrider corporate. Until he's the CEO of J.D. Byrider corporate (I hope Mr Peters reads this), there is always someone above him to talk with, even if it is just your franchising operations manager.

Some issues that may interest you and [name], who I cc'd on this communication

1    [name] misrepresented who he was. He is not the highest member in the J.D. Byrider company, as his words said. 

2    [name] made no representations that speaking with him was "an attempt to collect a debt," etc, as found in section 807, subsection 11 of the Fair Debt Collections Practices Act (FDCPA) as published by the FTC.

3    [name] stated that he would "call up the guys in San Antonio to come get the truck today," In addition to just being petty, this is a clear violation of the FDCPA section 807, subsection 4.  Specifically, [name] threatened immediate seizure of the vehicle, garnishment of wages, and attachment of negative credit reporting today, which would be unlawful in the context he used them, and even more so if he intended to try to do those things. He is not able to take the vehicle today. He is not able to garnish my wages immediately as he implied. He is not able to report the debt today to a consumer credit reporting bureau as he implied. If he tried, all of those would be illegal as outlined by the FTC. Due process is still required. Further, [name] made no representation that my debt was accelerated, and the full contract amount is now due, also subsection 4.

4    Mr. Ogle violated Section 807, subsection 7, when he condescendingly told me what the "professional thing to do" is in an attempt to shame and disgrace me. To fully spell this out, here is subsection 7: "The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer"

5    Section 807, subsection 10, when [name] threatened to have my vehicle repossessed today by "the guys in San Antonio." Again, spelled out, subsection 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."

For brevity, allow me to just list the other parts of the FDCPA [name] violated:

A.     Section 808, subsection 6, where Mr. Ogle threatened non-judicial action in repossession, garnishment, and attachment.

B.     Section 809, subsection 1 in its entirety.

C.     Section 811 in its entirety.

This is being sent to the Texas Office Of Consumer Credit Commissioner, the Better Business Bureau, and the FTC.

I recommend re-training Mr. Ogle in the FDCPA provisions, encouraging him to research the laws if he is calling a resident of another state, and providing him with an opportunity to work on his social skills and break out of the condescending, snarky attitude he employs. My financial issues are temporary; his transgressions and lack of professionalism are forever linked to your company.

I stand ready to (1) accept a written apology from [name], (2) a copy of any available policies J.D. Byrider may have governing the behavior of it's franchisees, and a promise to prevent [name] from contacting me again in his J.D. Byrider capacity. He has surpassed his legal authority, and will be dealt with as harassment.