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Report: #790895

Complaint Review: Diversified Collection Services - livermoore California

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  • Reported By: James — San Diego California United States of America
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  • Diversified Collection Services 333 N Canyons Pkwy Ste 100 livermoore, California United States of America

Diversified Collection Services michael taylor, collection representative they repeatedly harassed me with calls at 6am and at night to collect on a student loan that was sent to collections. I spoke to a representative named Michael Taylor, 866-486-0885 extension 6328, an livermoore, California

*Consumer Comment: Judicial?

*Consumer Comment: Bad information from "judicial"

*Consumer Comment: Close your bank account!

*Consumer Comment: That explains it!

*Consumer Suggestion: Collector Calls

*Consumer Comment: once

*Consumer Suggestion: 9/28, they hadn't debited your account yet,

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I was harassed day and night (5am, 9pm) by DCS (diversified collection services) for a student loan that I was late paying.
I finally agreed to allow them to authorize an 'electronic debit' of my checking account in the amount of $300 on 9/28/2011.  I could've just ignored them and paid my lender directly, but they insisted I pay them and that it was the fastest way to get the account up to date.
Fast forward 3 weeks later (10/20/11) and I notice that my bank account is overdrawn by $300 by DCS.
I called them about this, and spoke to the rep I originally talked to, Michael Taylor (866-486-0885 extension 6328).  He cited a "lack of manpower" as to why they waited over 3 weeks to process my payment.

They refused to refund the payment, and now i'm overdrawn, unable to pay my other bills, and have overdraft fees courtesy of their "lack of manpower".

I authorized them to debit my account on a very specific date, when  I had the money in my account.  The failed to honor this contract, instead debiting my account 3 weeks later!!!!

Who does That?  Especially after harassing you by phone for over a month and demanding payment ASAP.

I knew I should've just ignored them and paid my lender directly.

This report was posted on Ripoff Report on 10/20/2011 01:49 PM and is a permanent record located here: https://www.ripoffreport.com/reports/diversified-collection-services/livermoore-california-94551/diversified-collection-services-michael-taylor-collection-representative-they-repeatedly-790895. 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:
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#7 Consumer Comment

Judicial?

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

POSTED: Friday, October 21, 2011

Really you owned a collection agency for 8 years?  That seems odd because you can't even get some of the basics right.

There is a Federal Law and most States have a duplicate law, that law can be found by typing it into Google search, it is call the The Fair Debt and Collection Act.

- It's called the Fair Debt Collection Practices Act(aka the FDCPA).  As someone who owned a collection agency for 8 years I would think the actual name would be burned into your mind.

If they call you again, file a claim with your States Attorney General and you will get paid for every call they made after the notice date, in California it is around $1000 per call.

- You can file a complaint with the AG but they do not take individual action.  You can however file a Small Claims Case and sue them that way.  As for the amount, it is up to $1000 statutory damages per company..not per event, and it does not appear that the Rosenthal Fair Debt Collection Practices Act(aka California FDCPA) overrides the FDCPA in this amount.

Anyways back to the OP.  Unfortunately you made a verbal agreement to allow them to withdraw the funds.  It is your fault that you spent the money before they had a chance to withdraw it.  You would have had a valid complaint if they withdrew the money BEFORE the agreed upon date, but after it is your fault for the overdrafts.

As a way to go forward you NEVER talk to a collection agency over the phone, you always communicate with them in writing, and it is advisable to do everything through Certified Mail and Return Receipts.  When you send the letter write the Certified Number on the actual letter.  This way you have proof that they received something just in case they "loose" one of your letters.  So you should send them a Cease Communications letter by Certified Mail and Return Receipt.  If they contact you after this, then think about taking action against them.  Keep in mind that telling them to stop contacting you by phone does not keep them from taking other action against you..such as filing suit.

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#6 Consumer Comment

Bad information from "judicial"

AUTHOR: Southern Chemical and Equipment LLC - (USA)

POSTED: Friday, October 21, 2011

First of all, the federal law you speak of is the "Fair Debt Collections Practices Act", (FDCPA).

It is administered by the FTC (Not the Attorney General), and there is absolutely no government enforcement of your rights as an individual under this act. None. It is a toothless tiger.

Second, the Attorney General has no jurisdiction over debt collectors, or any individual civilian cilil matter. You are simply uneducated. The entire purpose of the Attorney General is to advise government official and government agencies in legal matters, and to act in the interest of the people ONLY in class action type cases while supporting another law enforcement agency.

Get some education before spewing jibberish.







>>Here is the jibberish that "judicial" spewed:

There is a Federal Law and most States have a duplicate law, that law can be found by typing it into Google search, it is call the The Fair Debt and Collection Act.  It clearly gives you the right to tell all collectors to stop calling you for payment of the debt.  You need to be able to prove you gave them note so do not just do it by verbal, sent a letter and get a receipt.  If they call you again, file a claim with your States Attorney General and you will get paid for every call they made after the notice date, in California it is around $1000 per call.



I owned a collection firm for 8 years and this is fact.  If you need help with a collector you can contact me at (((ROR redacted)))

>>

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#5 Consumer Comment

Close your bank account!

AUTHOR: Robert - (USA)

POSTED: Friday, October 21, 2011
I finally agreed to allow them to authorize an 'electronic debit' of my checking account in the amount of $300 on 9/28/2011.  I could've just ignored them and paid my lender directly, but they insisted I pay them and that it was the fastest way to get the account up to date.  Fast forward 3 weeks later (10/20/11) and I notice that my bank account is overdrawn by $300 by DCS.

Unfortunately, you're going to have to pay your bank to bring your account positive so that you can CLOSE THE ACCOUNT to prevent any further withdrawels by these jerks.  You need to notify your bank, in writing, that you revoke any authorization for these jerks to make withdrawels and you need to close this account and open another account in a DIFFERENT BANK (not a different branch of the same bank.)  This will stop any more withdrawels.

NEVER give banking information to any 3rd party debt collector!  You are correct in that you should have delt with the creditor directly.

Good luck.
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#4 Consumer Comment

That explains it!

AUTHOR: Robert - (USA)

POSTED: Friday, October 21, 2011
There is a Federal Law and most States have a duplicate law, that law can be found by typing it into Google search, it is call the The Fair Debt and Collection Act.  It clearly gives you the right to tell all collectors to stop calling you for payment of the debt.  You need to be able to prove you gave them note so do not just do it by verbal, sent a letter and get a receipt.  If they call you again, file a claim with your States Attorney General and you will get paid for every call they made after the notice date, in California it is around $1000 per call.

First is was misinformation about the Statute of Limitations and now you post more misinformation- you don't seem to know the actual name of the law.  A State Attorney General does NOT prosecute individual consumer complaints.  Also, the statutory damages allowed by the FDCPA is UP TO $1000-it's the same in California.

The Fair Debt Collection Practices Act (the actual name of the law) and the Fair Credit Billing Act can be downloaded from the FTC website:  www.ftc.gov .  These federal statutes give consumers specific rights and remedies with credit and debt collection issues.  California has a state law called the Rosenthal Fair Debt Collection Practices Act.

I owned a collection firm for 8 years and this is fact.

What's a fact?  The crap you posted or your history as a debt collector?  I actually believe you were a debt collector-that would explain your misinformation about the FDCPA.

If you need help with a collector you can contact me at (((ROR redacted)))

Go shill your services somewhere else.  How can anyone expect any help from someone who doesn't know the name of the law or the correct length of the statute of limitations?  If your basic knowledge is so inadequate, how can you help anyone?
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#3 Consumer Suggestion

Collector Calls

AUTHOR: Judicial - (United States of America)

POSTED: Thursday, October 20, 2011

There is a Federal Law and most States have a duplicate law, that law can be found by typing it into Google search, it is call the The Fair Debt and Collection Act.  It clearly gives you the right to tell all collectors to stop calling you for payment of the debt.  You need to be able to prove you gave them note so do not just do it by verbal, sent a letter and get a receipt.  If they call you again, file a claim with your States Attorney General and you will get paid for every call they made after the notice date, in California it is around $1000 per call.

I owned a collection firm for 8 years and this is fact.  If you need help with a collector you can contact me at (((ROR redacted)))

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

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#2 Consumer Comment

once

AUTHOR: mr rik - (USA)

POSTED: Thursday, October 20, 2011

your acct goes to collections don't waste your time paying anybody.

DON'T give out your bank information.

Scumbags!

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#1 Consumer Suggestion

9/28, they hadn't debited your account yet,

AUTHOR: Ken - (USA)

POSTED: Thursday, October 20, 2011

so you spent the $300 and then were surprised when your account came up short when they actually debited your account....right?

1. You KNEW the money was already spent by allowing the deblt and you still spent it...again.
Who does that?

The overdraft fees were courtesy of YOU, not them.  You also had no "contract" with them to withdraw the funds ONLY on the date YOU specified. What made you think it was okay to go ahead and spend that $300....again?  You don't even know (or care) how an account works. I forsee numerous financial problems in your future.

"They refused to refund the payment, and now i'm overdrawn, unable to pay my other bills, and have overdraft fees courtesy of their "lack of manpower". I authorized them to debit my account on a very specific date, when I had the money in my account. The failed to honor this contract, instead debiting my account 3 weeks later!!!! Who does That? "

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