Got a threatening collection call from "the litigation department"

[Cannikin]

I could get very little information regarding the debt. I haven't received any letters regarding this debt. He's threatening to sue if I don't pony up the full amount quickly, and wants a debit card number up front. He refused to send me anything in writing and threatened to mark me as having refused the debt. I bought myself 24 hours to respond. He would give no more. Is this legit? I did have to settle debts several years ago. This could stem from a legitimate debt, but I just can't be sure the person I spoke to wasn't some sort of a scam artist. A reverse look up of the number took me to a site where several others had received similar calls but felt it was a scam. I'm just not sure. Any advice is appreciated.

[Taverner]

1. Chances are, it's a scam

If they can't give you the account number and bank, then they have no grounds

[WilmywoodNCparalegal]

2. You are supposed to receive something in writing

and you have a certain amount of time when you can request proof this debt is yours. They are not allowed to collect on it while you are waiting for this proof. Additionally, I'd be cautious about anything you receive from any 'litigation department.'

Was this an attorney's office? If it was, ask for the attorney's name and license number. If it wasn't an attorney office, they can go and f@#$ themselves.

Regardless, you have a right to receive information about what debt it is, the original company to whom you owe the money, the amount you owe, when it was incurred, etc.

I'm not all that knowledgeable about creditor/debtor laws and the Fair Credit laws. Perhaps others who know more can elucidate, expand and correct.

[Bombero1956]

3. I would tell them I'm recording their call

And tell them you're forwarding it to the state attorney general's office. I bet they'll hang up real quick.

[nolabear]

4. This sounds very, very fishy. Demand writing.

Litigation Dept.? That's not collections. That's a lawsuit. It sounds as though he's trying to panic you with scary sounding words. NO one should be asking for a debit card number over the phone. If you talk again ask him where to mail a check and then research that address. He should be willing to go out of his way to prove that he's not a scammer, and I don't hear that.

I know people who have been very damaged by scammers who are good at intimidation.

Be careful.

[Cannikin]

5. The worst part is I'm disabled with PTSD and I fall apart talking to these people..

I'm trying to get my parents to assist me in demanding paperwork from them. My anxiety goes through the roof...I'm way to old to be asking for my parents to talk to mean people for me!

[nolabear]

6. No one is too old to have a PTSD response. It's smart to ask someone to talk for you.

You don't have to go through this. As people have repeatedly said, demand or have someone demand this in writing.

[elleng]

9. I'd be happy to talk to mean people for you; I'm a lawyer.

Hang up on them, don't talk, and come back here for solace.

:hug:

[gratuitous]

11. Allow me to volunteer someone else's expertise

Although elleng has sort of offered her services. Get a script of responses for what they have to say. Don't feel self-conscious about reading it off a page; that's what the caller is doing, they're just a little more polished. You have rights and remedies available for calls purporting to be from collection agencies, and they have very definite legal obligations for dealing with alleged debtors.

[Cannikin]

13. I'd be more than willing to let you take care of it!

If it is a legitimate debt, I have no problem repaying it if I'm given reasonable time, but I am disabled for the time being and my resources are extremely limited.
My mother got a recording when she called the number. I guess they must close pretty early, since it was only around 4 Eastern. She's not a very confrontational person at all, but she was willing to try to demand paperwork from him. The more I think about the argument that occured, the more I realize how insulting he was. He tried to make fun of me for being broke and jobless and basically tried to belittle me for being disabled, but these are just the facts of my life right now and I didn't allow his words to to have an effect, since that's what he wanted. But a professional would not have done it at all. I wish I had been able to record the conversation...maybe I can ask the NSA for a copy?? lol

[StevesRedLens]

31. Most debt collectors bad - a few good

I'm sorry that this person has upset you so much. Many debt collectors are one thing - sleezy, and they prey on the vulnerable. I wouldn't do that type of work even if I had to pick up aluminum cans to sell to get by. The collector (person who calls you) also gets a commission off of each debt he collects. So the more he gets from you the more he gets. And they buy the total debt from companies form like 20% of the original debt anyway and then do all they can to collect the entire amount.

On the other hand, I had a debt collector one time (a female, which I have found DOES make a difference) talk to me very respectfully and treat me like a person and in the long run, I happily paid the debt off and also made sure to tell her I appreciated her approach.

[rurallib]

7. if it were me I would probably call the police

and ask for some guidance. No idea if that is good advice or not.
I would also give them no personal information.

[elleng]

8. NOT legit, esp if refused to send anything in writing.

I'd forget about it, and/or contact authorities.

[Cannikin]

10. My mother got a recording when she called. The female said it was "Eastern Capital Group"

and at the end of the outgoing message a male voice could be heard saying "very good", apparently to the female speaking the message. I really do appreciate your responses. I tend to panic quickly these days. He probably would have gotten my credit card number today if I'd had the money to pay him. Arkansas has an online reporting system for the BBB. Not sure if it will do any good, but I'm going to make a complaint.

[Maine-ah]

23. google results

http://www.google.com/search?sourceid=chrome&ie=UTF-8&q=%22Eastern+Capital+Group%22

[CBGLuthier]

12. Lot's of debt scams. Tell them to FO and die.

[S_E_Fudd]

14. Scam...they legally have to send it to you in writing...and

You have 30 days to contest the debt. If you tell them you only want to communicate by mail they have to stop calling you.

Also, don't listen to them if they threaten to call your employer or anyone else...that too is illegal

It is either a scam or they are trying to bully you into a quick payment.

[Suich]

15. I'll add my 2 cents, Cannikin!

NEVER give credit/debit card numbers to anyone, unless you know exactly who they are.

Definitely sounds like a scam...report it wherever you can!

Good luck!

[lunatica]

16. Debt collectors will try intimidation to get their share of the debt

Don't believe them. Also when they tell you if you pay a certain amount they'll forget the debt don't believe them. They'll just come back and do the same thing again.

I go to a good website that for a very small fee will answer your questions. They get real lawyers and vets and professionals to answer questions. You can talk to them or have a live chat.

http://www.justanswer.com

Try them out. They will help you for $15 to $30 dollars or so. I've used them for both legal questions for help with bankruptcy and foreclosure proceedings and for vet questions. They're a good resource.

[Call Me Wesley]

17. Can't give you any advice, unfortunately, since I have no clue about

how this goes in the US, but it sure smells like a scam.

I can offer you a :hug: though.

Next time, either say you're recording the message, ask for names and every information you can get, don't answer anything but reply with a question. Or simply hang up. If you're anxious about it (hey, I hate the phone, hatehatehate it,) write down what you want to ask, so you have a guide and can be persistent with it. And then you can nail them, having your notes as your 'power cards.'

:hug:

[Brigid]

18. I got this from google, if it's any help.

http://www.corporationwiki.com/New-York/New-York/eastern-capital-group-llc-3066073.aspx

[trof]

19. Say this: "Litigation Department? I'm sorry, you've reached the Irrigation Department. "

Please hold while I forward your call.
:rofl:

[Lisa D]

20. I'm sorry this person made you feel bad.

Even if it's a legitimate debt collector, they tend to be scum and they lie ALL the time. They also try to intimidate people and make the calls so unpleasant that a person will pay just to get rid of them.

Never give them a debit number or access to your checking account. If they call again, tell them you want their company name, address and telephone number so you can forward the information to your lawyer. If they refuse to give it to you, they are not legit.

:hug:

[Kaleva]

21. Pressure tactics are common with these types but they do have to send you it in writing.

I'd suggest not to cave to the threat of being sued or mark you as refusing to pay. If the debt isn't that large, it'd cost him far more to sue you then to write off the debt; assuming it's legit in the first place.

Stick to your guns and don't give out financial info till you get it all in writing. My wife occasionally forgot about paying some bill in the past and I'd get calls from debt collectors but each and everyone of them explained to me the details of the debt and while they all wanted a payment in full up front, they all settled for a payment over time.

[Skittles]

22. SCAM

[sakabatou]

24. +1

[Mopar151]

25. A sample script or 2

"I am required to take down your company name, address, and business phone number, and the account number in question. I am only authourised to request confirmation of this request by US Mail." "Any information I receive regarding this matter may be forwarded to the Postmaster General, or the US Attourney for the state of ___ , regarding a RICO investigation for mail and wire fraud"

[denbot]

27. + 1, A debt collector tried to scam my wife..

Her ex-husband had debt problem. This debt collector tried the same tactics with us. We kept telling him to prove that Alley was responsible for the debt and he would reply it was our responsibility to prove we weren't. When he threaten litigation we advised him; 1 we were going to tape all calls from now. 2 He had damn well better have his ducks in a row if he takes us to court. After that we never heard from him.

If he won't produce proof of a debt in writing tell him you will report him to your attorney general.

[Mopar151]

29. A lawyer would know better

But these have run a few sleazeballs off - and the legitimate ones provided real paperwork "toot suite"!

[Cannikin]

26. I'm filing a general complaint at the FTC consumer area. Some of your links led me to this:

"ECG - Eastern Capital Group
Parent Company - Revere Recovery Group, LLC
Address - 80 FOSTER ST. UNIT 103, PEABODY, MA 01960 USA
Type - Collection Agency (not a law firm)
Owner - Mike Galavayo
Owner's Cell - 714-465-8581
Owner's Personal Email - [e-mail]
Owner's Real Name - NARCISO M GALVEZ
Associated Name in connection with business - KEITH HUA
Business formation date - March 17, 2011

Now on to the fun stuff!!

FDCPA violations (too many to list... here's a few) -

1) Not giving the mini miranda on the initial communication.

2) Disclosing information about the debt to a 3rd party.

3) (my favorite) Outright lying. Pretending to be service processors by calling from a blocked number and giving their # as the filing firm (btw, not a law firm). This violates so many laws from the GLBA to the FDCPA to state laws.

4) Using non-registered alias'.

5) Threatening to sue on out of stat debts. If you don't know what the statuatory of limations in your state is, google it. A debt that's 9 years old in MA for instance, is out of stats. The debt is legal, however they can't report it to the credit bureaus or threaten to sue on it. Also, they have no litigation department. And all their debt is bought. Therefor when they say Orchard Bank is planning on suing you, that's a lie.

Plus they don't know how to treat a lady. I'm not saying I'm the most lady like gal, but throwing nasty, sexual slang around the office made it feel like an unsafe environment. Report this company to the Attorney General. If they're calling you, odds are within the first 10 seconds of the call, they've violated the law."

[Lil Missy]

28. You should have received a letter first. Tell him "Do not call me anymore".

[StevesRedLens]

30. Standard debt collection pressure tactics

Speaking as someone who has had, paid and yes, avoided debts over the years, your call is just a typical 'hardball' debt collection tactic (unless its an outright scam, which is also a possibility).

If you don't want to tell him outright to 'go to hell,' then be firm and tell him you don't send money for unconfirmed debts and ask for his name, companies name, address, phone, how they got the debt, who was the original debt holder and tell him in the beginning of the call that you are recording the call for your protection. You don't really have to record it but he doesn't have to know that.

Tell him you want your 'nephew' to review the information he gives you first and that your nephew is an attorney (or something similar like a police detective or something - you don't have to provide a name or anything).

Don't let him pressure you to send money. That is what they want you to do. Catch you off guard, scare you and intimidate you into paying something. Even if it is a valid debt, I've told rude debt collectors to 'go to hell' and not call me anymore before and a few months later i'll get a letter telling me they will settle for 30%, 20% or even 10%.