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Report: #382706

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

  • Submitted:
  • Updated:
  • Reported By: Simi Valley California
  • Author Confirmed What's this?
  • Why?
  • Law Offices Of Mitchell N. Kay, P.C. 7 Penn Plaza New York, New York U.S.A.
  • Phone: 866-574-1024
  • Web:
  • Category: Lawyers

Law Offices Of Mitchell N. Kay, P.C. claiming fraudulant billing information for VOICESTREAM WIRELESS (currently TMobile) New York New York

*Consumer Suggestion: Raise The Bar on your complaint.

*UPDATE Employee: In response to Laurie

*Consumer Comment: They are listed on a consumer Advocate Website

*UPDATE Employee: Dispute

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The Law Offices of Mitchell N. Kay have just notified me that I owe a balance of $389.30 to Voicestream Wireless, a company I am not familiar with. They are giving me the option to pay 40% of the owed amount upfront to call it even. I have never heard of a debt collector going straight to allowing a person to pay less than half of the amount owed.

I grew suspicious immediately from that fact alone. I have also never heard of a debt that comes straight to a person from a law office without any prior attempt to collect the debt or explain the amount.

I feel this is a scam because of the fact that the information needed is not listed including the phone number of the account, a way to access prior records of the account with the account number listed or a past bill to show proof of the claim. If TMobile ever went by a different name I was never made aware of this.
I became angry when I stumbled upon this website and discovered that my hunch that there was something wrong with this letter stands corrected.

Alexis
Simi Valley, California
U.S.A.

This report was posted on Ripoff Report on 10/19/2008 01:52 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-claiming-fraudulant-billing-information-for-voicestre-382706. 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
4Consumer
0Employee/Owner

#4 Consumer Suggestion

Raise The Bar on your complaint.

AUTHOR: Credit Counter Terrorism Unit - (U.S.A.)

POSTED: Saturday, December 06, 2008

These malfactors attack your credit rating in two ways.
1. They will start with a credit report inquiry. This will be an inquiry marked "collection". It will cause your credit score to drop by 5 or more points.

RESPONSE1:
IMMEDIATELY, send a letter (certified return receipt requested) to the company making the inquiry. Demand they validate the debt, in writing. At a minimum request 1) a copy of a contract with your signature 2) copies of previous statements on this account 3) a copy of a signed creditor assignment agreement giving this debt collector to collect 4) an accounting showing how Plaza associates arrived at the figure they claim your owe.

RESPONSE2:
IMMEDIATELY, send a letter (certified return receipt requested) to whoever the company making the inquiry identifies as their client. Demand that client validate the debt, in writing. At a minimum request 1) a copy of a contract with your signature 2) copies of previous statements on this account 3) a copy of a signed assignment agreement giving this debt collector authority to collect 4) an accounting showing how this debt collector arrived at the figure they claim your owe.

RESPONSE3:
Plaza Associates is a New York City licensed "debt collector". It is unlawful for them to contact a third party and inform the third party that you (the alleged debtor) owes money; section 5-77 of the New York City Consumer Protection Law.
Plaza Associates license number is 0808793. So, file on-line complaints with the New York City Department of Consumer Affairs. Demand the DCA compell Plaza to remove the inquiry.
If you live on the West Coast the Federal courts have ruled that "collection" by itself does not constitute a legitimate purpose for requesting a credit report.

RESPONSE4:
If the debt Plaza claims is a cell phone bill older than two (2) years Plaza is in violation of Federal Law. The statute of limitations for a cell phone bill is two (2) years; United States Code, Title 47, Chapter 5, Subchapter 4, Section 415 "Limitations of Actions". File a complaint against the phone carrier with the FCC. Demand the FCC compell the carrier and Plaza to remove the inquiry from your credit file because it is a "continuting" violation of the above cited code.

RESPONSE5:
Contact the office of your congressional representative and your both of your senators. Ask that their constituient liason person review your request with the FCC.

RESPONSE6:
File an on-line complaint with the better business bureau!!!


The second way they will attack your credit rating is by filing a false report with one or more credit reporing agencies.
RESPONSE1:
If the original creditor has not responded stating that it has engaged Plaza and Plaza has stated how they acquired your personal information you have grounds to suspect and report identity theft.

RESPONSE2:
After filing the identity theft report, send a copy to the credit reporting agencies and demand they delete the false report in your credit report.

RESPONSE3:
After filing the identity theft report send a copy to the Attorney General for the state of New York, and to the District Attorney in New York City.

RESPONSE4:
File an on-line complaint with the Federal Trade Commission.

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#3 UPDATE Employee

In response to Laurie

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

POSTED: Wednesday, November 12, 2008

To Laurie,

Since I don't personally choose who T-Mobile decides to use as a collection agency there is nothing I can do about the complaints filed against them. I gave Alexis the info she needs to get the acct taken care of and removed off her credit report with the least amount of problems. I didn't see you offer any help except to tell her to ignore the letter which will resolve nothing.

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#2 Consumer Comment

They are listed on a consumer Advocate Website

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

POSTED: Friday, November 07, 2008

As one of the worst FDCPA and FRCA debt collectors - there are about 300 on the list.
To ALEXIS - go to this site immediately - they specialize in dealing with these scumbags.

Here is what it says about them at www.budhibbs.com
This is a part of the Attorney Mitchell N. Kay organization. They are rude, obnoxious, lacking in collection procedures and fail to respond to ANY type of FDCPA or FCRA notice. If you receive a call or letter from Plaza Associates, hit the flush lever.

NEVER give them any information on your bank/credit accounts, or post-dated checks. YOU WILL REGRET IT!!

To the T-Mobile Fraud Employee -
YOU SHOULD NOT BE HIRING FDCPA VIOLATORS!
It seems to me if you use bottomfeeders like this - the bills you are sending are probably bogus to begin with!

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#1 UPDATE Employee

Dispute

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

POSTED: Friday, November 07, 2008

I am currently an employee in T-Mobile's fraud dept and wanted to help with your problem.

This law office is one of our collection agencies. We sent it to an agency called Plaza Associates if they don't collect on the debt they forward it over to The Law Offices Of Mitchell N. Kay for collection. For the account to have reached them, it has been in collections for a while and the next step would be for T-Mobile to sell the debt.

For you next concern about the phone number not being on the letter. This is due to the fact that phone numbers are reused after a certain period of time so someone else now has the number that was on the account in your name. There should be an account number on the letter you received, it may say client account number. This is the account number for T-Mobile.

What you can do if you never had our service is to either contact the law office and ask them to send you a dispute form which you would then fill out and fax or mail to the address or fax number on it, or you can contact customer care at 18009378997 and ask to be transferred to the fraud dept. They can mail you one.

Once you fill out the dispute form and before you send it back check your credit report. If you have any addresses and phone numbers on there that were never yours dispute them with the credit bureaus first to have them removed. If you do not and the T-Mobile account has an address on it or phone number that was being called that is listed on your credit report, your dispute will then be denied. Once your dispute form is recd it will be processed in 3-5 days which you then will be contacted by letter or you can call to check the status of it.

Hope this helped.

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