So, I sued this collections agency and won...

Izzo · Post by **Izzo** » Mon Jan 21, 2008 10:41 am

I had an issue, silly me, with a creditor a while back that resulted in a collections item on my credit report. It was a matter of how things were being reported to my credit report...I refused to pay until they fixed it....they never did ...I refused to pay so they sued me in small claims court. I filed a counterclaim for violations of the FDCPA 807(8) and the FCRA 623(a) and I won a judgment against Messerli & Kramer and Midland Funding, LLC. I made a call to collect my monies on 1/16/08 and after 1 phone call to their agency and 2 to complain about the actions of the first I was sent a letter from one of the 'attorneys' claiming that I am conducting "a campaign of harrassment' and asked me to stop calling their office to collect.

You should see this letter they sent me

This feels like some stupid Visa commercial.....being sent a cease and desist letter from a collections agency for a debt THEY owe YOU = priceless

At any rate.....don't take any crap from places like this if you ever have an issue similar...chances are they screw up and you can profit from it.

GOD BLESS AMERICA!!!!!

edit> I'm the collections manager for a credit union

Izzo · Post by **Izzo** » Mon Jan 21, 2008 10:44 am

Shagster · Post by **Shagster** » Mon Jan 21, 2008 10:44 am

Sew them for millions and build a folding farm.

triniwasp · Post by **triniwasp** » Mon Jan 21, 2008 10:46 am

Izzo · Post by **Izzo** » Mon Jan 21, 2008 10:47 am

Shagster wrote:Sew them for millions and build a folding farm.

I just went statutory on damages. I could have gone for bigger cash but like I said ...it wasn't about the money but now that this idiot sent me this letter I'll be bringing it to district court and hiring an attorney. I did all this on my own up to this point.

Comtrad · Post by **Comtrad** » Mon Jan 21, 2008 10:58 am

haha, now they see how it feels.

A_old · Post by **A_old** » Mon Jan 21, 2008 11:21 am

talk about irony

Izzo · Post by **Izzo** » Mon Jan 21, 2008 11:27 am

Amro wrote:talk about irony

Being that I'm an individual collecting on my own debt I am not bound by the same collections laws they are. In spite of the letter from this douchebag I am still able to call and collect. I might even show up in person with my digi-cam and record my next attempt to collect.

I never even formally complained to any governing agency before this.....This week I'll be writing letters to the BBB, Minnesota Attorney General, Minnesota State Bar Association, Office of Professional Responsibility and the The Federal Trade Commission to begin my assault on these clowns.

Comtrad · Post by **Comtrad** » Mon Jan 21, 2008 11:32 am

How much do they owe you?

Izzo · Post by **Izzo** » Mon Jan 21, 2008 11:38 am

Comtrad wrote:How much do they owe you?

My judgment was for $1,055.00.... a grand for damages and the 55 was the cost to file my counterclaim.

fastchevy · Post by **fastchevy** » Mon Jan 21, 2008 11:41 am

That is awesome Izzo!!

Roody · Post by **Roody** » Mon Jan 21, 2008 11:48 am

Sava700 · Post by **Sava700** » Mon Jan 21, 2008 12:04 pm

Burke wrote:Maybe you need a blog instead.

Kip Patterson · Post by **Kip Patterson** » Mon Jan 21, 2008 1:15 pm

Messerli & Kramer are some dandy folks. The minnesota attorney general sued them in 2004 for unlawful practices.

Izzo · Post by **Izzo** » Mon Jan 21, 2008 1:29 pm

Kip Patterson wrote:Messerli & Kramer are some dandy folks. The minnesota attorney general sued them in 2004 for unlawful practices.

You should see 'the sheet' on Midland. They're even worse. Messerli's letter to me is pure gold. I don't have a scanner ...maybe i'll take a pic and post it for your reading pleasure.

Randy · Post by **Randy** » Mon Jan 21, 2008 1:45 pm

Izzo wrote:You should see 'the sheet' on Midland. They're even worse. Messerli's letter to me is pure gold. I don't have a scanner ...maybe i'll take a pic and post it for your reading pleasure.

do it

I figured i should get A credit report done just so i could see what it looked like and they had me down as a hair dresser ... I think wtf? I wonder how many potential creditors saw that and thought wtf??

I should sue equifax

Izzo · Post by **Izzo** » Mon Jan 21, 2008 2:13 pm

Randy wrote:do it

I figured i should get A credit report done just so i could see what it looked like and they had me down as a hair dresser ... I think wtf? I wonder how many potential creditors saw that and thought wtf??

I should sue equifax

send 'em a letter....more than likely they'll ignore it and 30-45 days later...you're in business.

Randy · Post by **Randy** » Mon Jan 21, 2008 2:31 pm

should i send it registered? or just reg mail?

Izzo · Post by **Izzo** » Mon Jan 21, 2008 2:41 pm

Randy wrote:should i send it registered? or just reg mail?

Regular mail.....although some will say certified but as long as you keep your records you'll be fine as sending it certified is not required......they have 30 days to respond.

downhill · Post by **downhill** » Mon Jan 21, 2008 5:27 pm

Thumbs up, Izzo!!!

Talk about ironic and to think you've only called them twice. The bastards. lol

Izzo · Post by **Izzo** » Mon Jan 21, 2008 6:02 pm

downhill wrote:Thumbs up, Izzo!!!

Talk about ironic and to think you've only called them twice. The bastards. lol

Heh, yeah one call on the 16th...I was hung up on by their 'tard collector so I called back to their main office to complain about their behavior and was referred to this idiot attorney *cough* Derrick Weber *cough*. I wrote 3 complaint notices today ....The FTC, Attorney General and LPRB. The LPRB is at least a month long investigation.

CableDude · Post by **CableDude** » Mon Jan 21, 2008 6:40 pm

cybotron r_9 · Post by **cybotron r_9** » Mon Jan 21, 2008 7:32 pm

Izzo wrote:I did all this on my own up to this point.

Good for you.

Kip Patterson · Post by **Kip Patterson** » Mon Jan 21, 2008 7:41 pm

LPRB?

Is that the initials of someone Brent would date?

Izzo · Post by **Izzo** » Mon Jan 21, 2008 7:47 pm

Kip Patterson wrote:LPRB?

Is that the initials of someone Brent would date?

Minnesota has got a goofy name for the Office of Professional Responsibility. Although I filled out the complaint it appears it's just a bunch of lawyers monitoring other lawyers...I expect more from the FTC/ Attorney General.

edit> I left the letter in my office today...will post it tomorrow.

Zilog B · Post by **Zilog B** » Mon Jan 21, 2008 8:38 pm

Reminds me of the time a collection agency contacted me about an insurance bill. So I called the insurance company, and explained the situation, and it turned out that when all was said and done they owed me money.

Then I sent the collection agency a letter telling them thanks, and if they can find anybody else that owes me money to please let me know so we could continue our profitable relationship.