Report: #191981

Complaint Review: Universal Fidelity LP

  • Submitted: Wed, May 17, 2006
  • Updated: Thu, May 18, 2006
  • Reported By: Encinitas California
  • Universal Fidelity LP

    Houston, Texas

Universal Fidelity, Universal Fidelity LP Unethical, rude, try to force payment without letter about debt, harrass sick people when told not to Houston Texas

*Consumer Comment: One other question.....

*Consumer Suggestion: Cease communication

Show customers why they should trust your business over your competitors...

I apologize this is a little long....Universal Fidelity LP was the agency collecting a credit card debt that had been charged off by Sears/Citi. This account was my mom's account but due to a terminal illness the account fell seriously behind. UFLP contacted her one afternoon demanding payment be made. She gave me their number and I contacted them. (I have Power of Attorney for her.)

The man I spoke with, Mr. ---, demanded payment arrangements be made right then and that they had to have the checking account information to do an auto-debit. I panicked and made arrangements because I was under so much pressure to do so. (I also didn't know much about collection agencies and was scared.) I also informed him that I would send him the POA but he insisted they didn't need it....there's a major red flag.

I also informed him of my mother's health and that he is not to communicate with her any further, only communicate with me. He did not adhere to that at all. He called her five times in two days making veil threats, as well as leaving me threats of suing due to this debt.

I contacted the ACA of Texas and told them the situation. One major problem with UFLP is that they NEVER sent any kind of letter to my mother or to me explaining the debt. I found out that I didn't have to make arrangements with them unless I had that letter....which they sent AFTER I requested it and was a week after they had contacted me and I made the arrangements with them.

I ended up not being able to get the money together to stick to the arrangement and of course when they tried to draft it I was nailed with an overdraft fee. And so the threats and nasty phone calls began. (And at this point I have learned about not having to make arrangements unless I have a letter first )

I contacted Resurgent Capital Services (who is the "client", Citi gave them the account after it charged off) to tell them about the sketchy practices of UFLP and they said they would pull the account from UFLP and for me to contact UFLP to talk to someone in their escalations dept. to discuss the problems with their staff. I did so and unfortunately spoke with a Ms.--- (yelling at me the whole time)who berated me, told me she didn't want my sob story, that I am a loser and to just pay the bill and they'll leave me alone.

I called and spoke to someone in management who seemed very genuinely concerned about the situation (the ACA contacted her with my complaint about their lack of ethics and not following proper procedure as well as nastiness)and said she would handle it, apologized, and also said she would refund the o/d fee since the auto-debit was attempted and the arrangements really shouldn't be honored since there was no letter before the phone call. This was over a month ago and I still haven't received the refund. We'll see what happens.

I contacted Resurgent Cap. Svcs. and they said the account had gone to another agency and I haven't heard anything from them yet. (it's been a few weeks now...maybe 3 since they reassigned it) I hope that anyone dealing with UFLP or (ALLIED DATA) (they are just as scummy) will investigate why they are being contacted and stay on top of dealings with these groups. They are nasty, unethical, and will go beyond what anyone can imagine in order to collect to get their commissions. Please don't let them run over you like I let them do to me. I foolishly let them scare me and worry me to death. I became physically ill worrying about what they could do to me or to her.

I also have questions about dealing with collectors. I have read a lot of posts and see that there are some extremely knowledgeable people out there....thank you for what you do. Would someone mind helping me out with these and anything I may have forgotten to ask?.......

How long is the statute of limitations on a debt that has been sold to a collector?

How far do they have legal power to go? Can they actually sue/garnish or is that up to the ORIGINAL credit grantor?

How do I deal with them? Do I return their calls from the numerous messages they leave?

Does anyone have further info about Resurgent? They are the ones the creditor gave the charged off acct to who then assigned it out to a collection agency. Do they have the power to sue or garnish?

Thank you for taking the time to read this. I feel backed into a corner and I'm not sure what to do. We don't run from debt but when a terminal illness strikes these things sometimes happen. Right now we simply cannot pay it.

Best wishes,

Encinitas, California

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This report was posted on Ripoff Report on 05/17/2006 01:31 PM and is a permanent record located here: 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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#1 Consumer Comment

One other question.....

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

Richard, thank you for responding. I do realize I'm not obligated to the debts because of the POA, but I am trying to honor them because they are monies owed. It is definitely a major strain though. I just don't want any aggravation for my mother like them actually suing and needing a deposition from her or anything like that.

Anyway, the debt is around $11K. So yeah, it's pretty big. Resurgent Cap. Svcs. is now the "client" because Sears/Citi sent it to them. Resurgent then assigned it to another agency after the problems arose with UFLP. I haven't received anything from the new collector so I don't know how that is going to go yet. So can Resurgent actually sue since it is no longer in Sears/Citi's hands? Any advice is definitely appreciated.

Kindest regards,

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#2 Consumer Suggestion

Cease communication

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

Here's the answer to some of your questions:

The statute of limitationa on collection a debt varies by state but is most likely between four and seven years. However, Sears most likely wrote the debt off after it was three months delinquent and the people you are dealing with are bottom-feeders who buy these debts for pennies on the dollar in hopes of making a pofit collecting on them.
They could sue if Sears grants the authority to do so but unless this bill was many thousands of dollars that's not likely.
Here's what you need to do: Send them a certified letter, return receipt requested, instructing them to cease communication with you about this debt. If you want, go out and buy a telephone recorder from your local electronics store and have it handy to tape athem should they call again. Instruct any collectors at the beginning of any call that you are recording the conversation.
If you gave them any bank account info, close those accounts immediately.
That's it. Don't give it another thought.
Just because you have power of attorney doesn't mean you are obligated to pay your mother's debts. The worst that's likely to happen is that it will show up on her credit report for seven years, and honestly, if she's terminally ill that's the least of your concerns.
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