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Rms6799

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  1. It's an Xcel Energy bill from a couple years ago. I actually forgot about it when I moved and have no problem paying Xcel Energy, but I don't want a collection showing up on my report now that I've clean it up a bit. I actually filed a complaint via the BBB, and they responded with the following: "The substance of the complainant’s allegation is that a cease letter he sent to this office in 2009 is effective as to a completely different account referred to this office in 2017. The law on this subject has been well settled for many, many years. The applicable section of the FDCPA reads: 15 USC 1692c Communication in connection with debt collection © Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, ……… There is a significant body of law on this section of the statute and the holdings are all consistent. The Courts have consistently held that each referred debt is a separate matter under the Fair Debt Collection Practices Act and that any request from a consumer to cease communication is effective only as to debts that have been referred to the third party collector as of the time of receipt of the consumer’s request for a cessation of communication. There is no right to a continuing eternal never-ending demand for a cessation of debt collection communication. This is well settled law. A cease and desist notice from the complainant in 2009 on a completely separate account is not effective as to a different account placed in his name in August 2017. There is no violation of law here. Even if we take everything related in this complaint to be 100% true and accurate there is no violation of law." I'm unsure if what they said is true or they're just hoping I'll take their word for it, pay up, and go away. I asked them to elaborate and cite the specific cases, but they refused. So I'm unsure what to do now, or if I should run this by a lawyer. That statement is accurate with regards to the FDCPA. However, I have a different view/opinion. If the consumer didn't use that generic "all calls are inconvenient" nonsense in their letter and clearly stated "I revoke ANY and ALL consent for you to contact me at the following phone numbers: xxx-xxx-xxxx, and specifically do not call my cell phone: xxx-xxx-xxxx for any reason or any account" and they continued to call then there is a claim under the TCPA. That is what I would pursue. The TCPA does not have the same limitations as the FDCPA and allows a consumer to permanently revoke consent. It also allows for cumulative violations. ​I was actually thinking the same thing. My letter from 2009 request that they cease collection activity and telephone communication, and only contact me in writing. So it may not be as specific as needed for a FDCPA violation, but maybe a TCPA violation.
  2. It's an Xcel Energy bill from a couple years ago. I actually forgot about it when I moved and have no problem paying Xcel Energy, but I don't want a collection showing up on my report now that I've clean it up a bit. I actually filed a complaint via the BBB, and they responded with the following: "The substance of the complainant’s allegation is that a cease letter he sent to this office in 2009 is effective as to a completely different account referred to this office in 2017. The law on this subject has been well settled for many, many years. The applicable section of the FDCPA reads: 15 USC 1692c Communication in connection with debt collection © Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, ……… There is a significant body of law on this section of the statute and the holdings are all consistent. The Courts have consistently held that each referred debt is a separate matter under the Fair Debt Collection Practices Act and that any request from a consumer to cease communication is effective only as to debts that have been referred to the third party collector as of the time of receipt of the consumer’s request for a cessation of communication. There is no right to a continuing eternal never-ending demand for a cessation of debt collection communication. This is well settled law. A cease and desist notice from the complainant in 2009 on a completely separate account is not effective as to a different account placed in his name in August 2017. There is no violation of law here. Even if we take everything related in this complaint to be 100% true and accurate there is no violation of law." I'm unsure if what they said is true or they're just hoping I'll take their word for it, pay up, and go away. I asked them to elaborate and cite the specific cases, but they refused. So I'm unsure what to do now, or if I should run this by a lawyer.
  3. Diversified Adjustment Service recently recieved an old debt of mine and started calling. I sent them a letter in 2009 requesting that they only contact me in writing and not call me. They told me this new account voids my request that they not call me and they haven't violated any laws, and that it's unreasonable for one to request that a CA never call or contact them again. ​Is it true that a cease contact request is only valid for accounts they may hold at the time they receive the cease contact request? From what I understand, there's no way to prevent them from calling again in the future, or harassing friends and family.
  4. ​They do have engineers working in the department I'll be in. In fact, I met one of them during my interview. I actually accepted the job offer earlier today and will be starting in three weeks. I'm thinking it's a good way to get my foot in the door and work my way into a engineering position. I can always keep looking; plus, there's still a few phone interviews I did recently that haven't got back to me yet. ​Yes, I am in my mid 30's. I would have pursued the engineering path right after high school if I could do it all over again. One of my friends with was able to get a engineering position and he's 47(and looks older), so I feel there's some hope. I think my main problem is I haven't had any technical work experience for so long and it's hurting me, so hopefully this new position will help in some way.
  5. First, thank you for your input. So in your opinion, taking a detour and working a technician position won't be detrimental as far as an engineering career? I did create a portfolio website and put some of my academic projects on there. I've been using Code Academy and TheOdinProject to learn HTML,CSS, and Ruby, and Ruby on the Rails since it may open the door to a software engineering position. Unfortunately, I ended taking the power path in college since the digital/microcontroller classes were in very high demand and would fill up very quickly. So I don't have much experience with microcontrollers. Do you think it'd be more worth my time learning to program microcontrollers instead of learning web development tools? I do have experience with Arduino, but I'm not sure if that would really be impressive since it's more of an amateur device.
  6. I'm in Minnesota which supposedly is a good market for engineering. My main issue is that I wasn't able to get a internship and now it's like my resume is falling into a black hole. As much as I'd hate to leave my home state, I have been considering jobs in other states.
  7. I graduated in December with a degree in Electrical Engineering. The job search for a engineering position has been a bit of a struggle, and the job I have now just isn't making ends meet and has nothing to do with what I went to school for. I was offered a technican position with a fairly large medical device company today. The problem is the pay isn't really what I was expecting with an engineering degree, and it's not a engineering position. The company does have engineering positions, but I was contacted about this particular position by a staffing agency and wasn't aware of who the company was until they sent my resume. I didn't want to apply for two positions at the same time. I did explain to the hiring manager that I'm ultimately looking to be an engineer, but I need to make ends meet right now and I'm open to positions somewhat related to my field. He did say the company is big on hiring from within, and many of his technicians do move to other departments. ​My other concern is getting stuck. I've read online and been told by some of my instructors not to take technician positons if you want to get into engineering because It's easy to get stuck in those roles, and may not look good to future employers. I also have a technical degree in electronics, and was a Avionics Technician about a decade ago, then ended up working a customer service position when the company went under. I haven't held a technical position for about a decade which is also hurting me. Money is another issue. I don't want to sound like a spoiled brat, but I do feel like the pay is a bit low. They're offering approximately $41,000 a year. it's more than I'm making now, but I'll still be struggling when student loans start to hit in a few months. On the positive, the manager seems like a very nice guy and wants to do what he can to make his workers succeed. They also had me do a soldering test, and some of the other technicians came up and offered me some advise. Everyone seemed nice and laid back and they didn't have that corporate atmosphere feeling. At this point I'm unsure what to do. I'd hate to accept a offer just to resign a short time later. Pros: ​1. Good way to get foot in door. 2. May lead to engineering position. 3. Co-workers seem friendly. 4. Pays more than I make right now. 5. NO CUSTOMERS! Cons: ​1. Pay seems low. 2. Not really the type of positon I was looking for. 3. Worried about getting stuck in technician positions. 4. Will this ultimately hurt my chances of getting a engineer position?
  8. Thanks for your advice guys. I contacted Minnesota's Department of Education and they pretty much said I need to refinance. Because of my debt to income ratio firstmark will not refinance my loan, so I need to find a co-signer and get all this taken care of in the next few days. I'm trying to do the right thing, but it's a bit overwhelming. ​This whole thing is annoying because I took out these loans when I was 18 not fully knowing what I was getting into, and they always refuse to work with you until you default.
  9. I have multiple student loans which Firstmark is servicing dating back to around 2003 when I first went to college. I went back to school to obtain another degree(which will be complete in December), so my loans have been in deferment and I have been making interest payments. ​I received a bill for $4000 which is due by the end of the month and is the total amount due for one of my loans. I'm guessing I'll receive similar bills for my other loans soon. The representative for Firstmark told me the total amount was due since I've reached the end of the maximum pay off time for the loan. I explained that there was no way I could come up with $4000, and I was pretty much told too bad pay up. I even offered to make reasonable payments within my budget and they refused to work with me. ​Is there any other action I can take? I'm willing to pay, just not $4000 at one time. I've made some improvements on my credit and trying to avoid any more negative marks on my credit report.
  10. For future reference, this is ALWAYS a red flag. For future reference, this is ALWAYS a red flag. And don't hand over your credit card either.! why did he say he needed it? He said he needed it to lock in the price. I normally don't fall for these scams, but my guard was down that day. I'm just curious how many people they're getting with this scam.
  11. File a complaint with the BBB against the Gym is ABC financial sending you account statements demanding payment? you're better off sending a letter to ABC and the Gym manager so you have a paper trail on this verbal, in person or over the phone conversations don't hold up in court. re; Xperience Fitness account # _____________________ Dear ______________ On June 22 I visited an Xperience Fitness at ( address ) to research membership prices. I made it very clear I was only price shopping and had no intention on signing up for a membership that day. The representative I spoke with had a deal only good for that day and said he could "lock it in". All he needed was my driver's license and checking account information. I got a feeling something was off, so I gave him my American Express card instead. He assured me I would not be charged. I never signed any documentation or contracts, and he refused to give me any documentation on their prices. I ended up going with another gym. ​I check my statement yesterday and find four charges from this gym totaling about $70. I contacted American Express and had these charges removed, and AMEX issued me a new card to prevent these fraudulent charges from reoccurring. I spoke the gym on xx-xx-xxxx and it turns out this guy signed me up for a membership without my express authorization. I consider these charges made to be fraud. - I did not sign any application for a Gym membership and I was expressly told that no charges would be made. I have not visited Xperience Fitness since, made no use of the facility. Should your company persist on attempting to collect or charge for these fraudulent charges, send this nonexistent account to collections, or damage my credit reports, I will turn this matter over to an attorney for review and legal action Sincerely, ( your printed name address, no signature ) Thank You! I will send them a letter tomorrow using your template. I already sent a letter to the AG.
  12. On June 22 I went into a Xperience Fitness here in Minnesota to get their membership prices. I made it very clear I was only price shopping and had no intention on signing up for a membership that day. The representative I spoke with had a deal only good for that day and said he could "lock it in". All he needed was my driver's license and checking account information. I got a feeling something was off, so I gave him my American Express card instead. He assured me I would not be charged. I never signed any documentation or contracts, and he refused to give me any documentation on their prices. I ended up going with another gym. ​I check my statement yesterday and find four charges from this gym totaling about $70. American Express took care of the charges and issued me a new card. I called the gym and it turns out he signed me up for a membership without my authorization. I've done some searching on ABC financial and it turns out they are a nightmare to deal with and will damage credit reports. I'm going to the gym today to get this figured out. I'm now concerned that since he took my driver's license information they have enough information to turn me over to collections. Is this something I should file a police report for since he pretty much committed identity theft and gained unauthorized access to my credit card? What steps should I take to make sure this doesn't end up in collections?
  13. I have two charge offs that I think I could get removed. One from HSBC/Capital One, and one from GEMB/Synchrony dating back to March 2013. These two seem like the easiest to get removed, but both banks recently gave me a second chance and gave me new credit lines. I'm worried I'm risking having my new accounts closed if I start drawing attention to myself. Both these CO's are still within SOL, so I know I have to tread carefully. The Capital One CO hasn't been updated for about two years, and had a balance of about $800. They sold the account to Cavalry Portfolio, but I was able to get them to remove their TL when I caught them in a violation. This was also originally an HSBC account, but sold to Capital One about a month before it charged off. I'm unsure what the balance was on the Synchrony CO, but I believe it was around $200. The account was sold to a JDB that went away after I DV'd them. They seemed to have stopped updating on my CR after it charged off, and my CR doesn't show what the balance was. At this point I think there's a chance I could get both these removed, but I know there's also risk. I would appreciate any advice you guys have on how to proceed.
  14. In June I ported my number over to Virgin and had planned to pay the remaining balance by the end of the month. They wasted no time turning me over to collections, and two weeks later I was receiving collection letters. In November I had called them and was planning on ending my service due to it being too expensive, and their multiple refusals to warranty my Android G2. The rep offered a cheaper plan, and I foolishly accepted it. It turns out that price was too good to be true, and after months of complaining about being overcharged, I got fed up and switched to a different carrier. I requested that they remove the collection fee and the amount they overcharged me. They said no.
  15. I have a past due balance of about $270 with Tmobile. They've sent it to two diffrent collectors who promptly returned the account back to Tmobile after they recieved my DV. I've been disputing about $110 of the balance with Tmobile via the BBB. In their last BBB response they said they've instructed their collector to cease and desist all collection efforts, but they consider this debt to be valid and owing, and they will pursue their legal rights and remedies to collect this debt. So what does this mean? Will they simply just sell the debt to a JDB, or should I be expecting a lawsuit soon?

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