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Report: #411336

Complaint Review: Law Offices Of Mitchell N. Kay, P.C. - New York New York

  • Submitted:
  • Updated:
  • Reported By: Reform Alabama
  • Author Confirmed What's this?
  • Why?
  • Law Offices Of Mitchell N. Kay, P.C. 7 Penn Plaza New York, New York U.S.A.

Law Offices Of Mitchell N. Kay, P.C. This company is trying to collect a debt that I do not owe from a company that I have never had account with. New York New York

*Consumer Suggestion: File Complaints, Request Debt Validation

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I received a statement from this "law office" stating that I had a debt that they were collecting for. Previously, I received a call from another collection agency stating that I owed the company US BANK. They rattled off the last four digits of my social security number and asked me to verify. I did not verify any of my information. I went to US BANK and mentioned this to them. They took my information and tried to pull it up in their system. They had no record of me ever having an account with them. The manager at US BANK told me that if I had had an account with them at any time, my information would be in their system. I was advised that this was an attempt to steal my identity or fraudulently take money from me. I have never confirmed any of my information to the collection agency or law firm and have not responded to any of their plots to take money from me. I put a freeze on my credit report and reported fraudulent attempts so there is a warning to the creditors if someone tries to access my credit. Now, several months later, I received a notice from the Law Offices of Mitchell N. Kay, P.C. giving me a settlement amount as well as a balance. Any advice would be appreciated. At this point, I'm just ignoring the whole thing.

Connecticutshark
Reform, Alabama
U.S.A.

This report was posted on Ripoff Report on 01/12/2009 07:29 PM and is a permanent record located here: https://www.ripoffreport.com/reports/law-offices-of-mitchell-n-kay-pc/new-york-new-york-10001/law-offices-of-mitchell-n-kay-pc-this-company-is-trying-to-collect-a-debt-that-i-do-no-411336. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
1Consumer
0Employee/Owner

#1 Consumer Suggestion

File Complaints, Request Debt Validation

AUTHOR: Angry And Disgusted - (U.S.A.)

POSTED: Friday, May 08, 2009

Request Validation immediately, then file complaints with FTC, AG of NY, NY Bar Association, and AG of your state.


Copy the FTC, the offices of the various Attorneys General involved and the NY Bar Association on your letter to them -- let them know you're well aware they have no right to collect a non-existent debt from you right up front and that you will proceed with legal action or fight any legal action on their part.

I like this letter:

May 9, 2009
Your name
Your address

Mitchell N. Kay, P.C.
7 Penn Plaza
New York, NY 10001



Re: Your Account # __________________

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on (date of letter). Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:


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

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,


Your name

CC: FTC, Attorney General of NY, Attorney General of your home state, NY Bar Association (with addresses).

Now, some people suggest you not officially sign this letter as these sleazoids will use that signature to forge documents to use against you. If you don't, I'd sign the copies you send to the various government offices and note that you have declined to sign the original letter to these thugs because they are known to forge documents.

Good luck. Don't back down.

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