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Lisa, United States | 15-Jul-2015 |
Scam Phone Number 2064035374, Capital Risk Services duped me into paying 3 installments. FRAUD!.
I received a call on July 9, 2015 saying I had defaulted on a payday loan in 2008 and I was going to be served a summons if I didn't make payment arrangements. I did make arrangements for 3 installments giving them my debit card number and told them to debit my card on Monday July 13. After discussing it with my husband we decided it must be a scam and I had my bank cancel my card and reissue me a new one.
On Monday morning at 6:55AM they called me about my payment and I told them I had cancelled the card that I wanted them to send me something in writing before I would pay. She told me they were mediators and not a collection company so they didn't have to send me anything in writing.
When I replied I was not comfortable doing payment over the phone she said it would be turned over to her client and they MAY proceed with a summons. Then she very nastily wished me luck in court. Today ,July 15 she called again and told my husband she was a lawyer. I called her back when I got home and once again I told her I had cancelled the payments and needed something in writing before I would issue payment. She told me I would be served with a summons and wished me a very blessed life.
On Monday morning at 6:55AM they called me about my payment and I told them I had cancelled the card that I wanted them to send me something in writing before I would pay. She told me they were mediators and not a collection company so they didn't have to send me anything in writing.
When I replied I was not comfortable doing payment over the phone she said it would be turned over to her client and they MAY proceed with a summons. Then she very nastily wished me luck in court. Today ,July 15 she called again and told my husband she was a lawyer. I called her back when I got home and once again I told her I had cancelled the payments and needed something in writing before I would issue payment. She told me I would be served with a summons and wished me a very blessed life.
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Mystery Shopper Scam
We need to get debt validation notice before making any payment so that the debt is authenticated and we are satisfied that the collector is authorized collect on behalf of the lender.
It's another matter that even if you have a debt, it may have gone past the period during which it's legally collectable (in most states 3 years). There is absolutely no legal need for you to pay an old debt which is protected by Statute of Limitations.
The following may be of interest to you:
The scammer would have made similar calls to hundreds of people at random. He wouldn’t know who has a delinquent loan and who hasn’t. But he will tell everyone, the same story.
Those who never had any payment default, would object and usually get out of the way. But those who have an issue with their loan, could easily get scammed! (There are a few who get very scared and would pay to get out of “trouble” while there was no real trouble at all!”)
When a scammer calls and asks to pay up, a victim will subconsciously connect the call to his old default & would assume that the caller knows about the delinquent payment and might pay up! Many people who might have defaulted on a loan repayment, make grave error of paying money to scammers, who have no relation to the loan!
It’s stupid to pay B when we owe money to A. So be very careful. Grill the caller about his company name, address, call back number, his relation with the original lender. If he is reluctant or gives wrong info, he is certainly a scam artist.
If the info he has given is correct, ask him to send Debt Validation Notice by mail, in accordance with FDCPA. Record all calls to use as evidence.
The Debt collector is bound by law to send a Debt Validation Notice within 5 days of the call and you have 30 days to reply.
Do note! Scammers may trick you to give address. Don’t give your address or other personal info over phone.
Usually, it’s only scammers who would ask to call back, to exert more pressure and get you to pay. You should tell him that you will call or write, ONLY after you receive a valid Debt Validation Notice, since it’s your right to receive one. Tell him that you are aware of debt collection fraud and have been advised by the Sheriff’s Office (You can bluff that!) to respond only after you receive a valid Debt Validation Notice.
If you are asked to pay money by a Cash Card, Western Union, Moneygram etc, its 100% scam. The money would go into the scammer’s pocket not to the creditor.
IF you were able to correctly conclude that the caller is a legitimate debt collector, then you need to determine whether the time available for the lender to file a lawsuit against you has expired. (Statute of Limitations – SOL). You need check this for your state. (www.fair-debt-collection.com/sol-by-state.html )
If SOL applies, then the lender cannot file a case anywhere against you. The debt collector may keep calling and pressurizing but you need not bother about any legal action.
Note: A Valid Debt Validation letter should have proof that the Statute of Limitations has not expired on your account (as per FDCPA)
Note: While discussing with the caller, never admit your debt. Maintain that you do not have any debt that you are aware of. If the caller is legit, he will note down your admission and the SOL start date may suddenly shift to the date of admission, rather than the date when you first defaulted.
If SOL does not apply to your debt and the collector is legit, you need to decide how to handle the payment. The case number etc could just be bogus. Check with your county court before proceeding. Take your time. Don’t rush. Many who have had difficulties in repayment have been able to drag on and get the benefit of SOL.
File Complaint with FTC: www.ftccomplaintassistant.gov/