by its-a-secret » Wed Jan 06, 2010 01:15:46 PM
... continued from 1st post in thread ...
Okay so after returning home and fighting with them again I advised them that I was going to be recording all future call to which they responded: "Go ahead, we record all calls anways". I am not 100% sure, but from what I ca find this seems to be illegal as they never once told me or asked my permission to record our conversations. At this point I hung up and sent them an email to the supervisor I was dealing with.
EMAIL 1 --------------------------------------------------------
Hi *****,
I am very upset right now. I just received a call from someone there telling me you no longer want to deal with me because I have failed to comply with your requests. He told me first you never received the below email, then he changed his mind and decided you guys did receive it, then he told me I never sent the follow up email, or that I never called and left you a message asking why you haven't responded and called me a liar. I will deal with you and only you as you told me this was a perfectly fine arrangement. If that is not good enough than go ahead and take me to court. Any court will find that I have been nothing but obiding in willing to pay. Sure I haven't been able to pay on the outrageous demands you have given me which are 1: Pay us $1100 today, 2: Pay us $200 today or send us your financial disclosure to work out payment arrangements, and now with the guy who just called 3: pay us $500 today. I cannot just come up with $xxx within 24 hours. If however you want to work something out where I can make a biweekly or weekly payment than we can talk, otherwise go ahead and take me to court.
In addition, you just hung up on me and I am sending this in case it does go to court as more proof of your reluctance to deal with me. Also, in our last call you stated you responded to my calls and emails, you most certanily did not and you know you did not. Someone there dropped the ball and it seems to me you guys are all trying to cover each others backs and adopting the same attitude which is perfectly fine with me. As I have stated from the first time we talked I want to resolve this issue and am willing to resolve this issue. Can I afford to pay you $500 a month? Absolutely not, can I afford $200-350 a month? I sure can and would be happy to do so but you have made it perfectly clear that this is not an option so selah, have a good day, a good new year, and I guess you will either shortly be hearing from a credit couselling service, or I will be seeing your court documents in the mail.
Thanks
THEIR REPLY 1 ----------------------------
If you would like to discuss this matter rationally, I most certainly am willing to work with you to resolve this matter. The decision is yours. If you would like to make an arrangement for by weekly payments submit a payment schedule- including dates and amounts for January, February and March 2010 and what your intensions are for the remainder of the balance after the 90day period
MY REPLY ------------------------------------
Hi *****,
Thank you for finally replying to me, I tried calling you and got no answer so I am emailing you (go ahead, try saying that I am avoiding you again). If you do not respond to this email that is perfectly fine, however I am officially requesting that no one from your organization call me in a harassing manner ever again or I will file a complaint and change my phone number.
Also let it be known that I feel in full right to report the fact that you recorded calls with me without my knowledge or consent. I only found this out when I stated to the “gentleman” I was speaking with earlier today that I would be recording all future calls, he responded by telling me that I could go ahead and record them and that you guys record all calls anyways; which, from what I can gather is completely illegal in Canada especially where our calls deal with such personal and identifiable information.
I also want to note that in your email you said "If you would like to discuss this matter rationally, I most certainly am willing to work with you to resolve this matter". I find this funny considering the fact that with the exception of today I have done nothing but try to co-operate in order to start making payments on this in a completely “rational” manner. The only time I was hesitant was when you told me my only two options were to pay in full or provide a financial disclosure to be able to make a payment schedule. The reason for my one and only hesitant moment on this matter is that I truly felt you demanding this personal information was a direct violation of my rights to privacy and absolutely none of your business; which by the way through research I have found just may be the case. Since your company first contacted me about a month ago it has been those from your organization that have been completely irrational in your demands that I pay certain amounts by the end of that day or else end up in court and various other ludicrous claims and requests.
While I feel I am well grounded for demanding that you apologize to me for the manner in which your company has been harassing me as well as for you outright lying to me in regards to trying to contact me since I sent you my financial disclosure, I will look the other way for now. Putting that aside, I am for some reason still interested in clearing this. I know, it sounds crazy but it’s true.
Anyways, here is my offer: When the first person from your office first contacted me over a month ago they said they would settle the account for an amount between $1100 and $1200, I cannot recall the exact figure but I do know it was under $1200. I am offering to bring that amount up to $1200 and am willing to pay that in the order of $100 per week for the next 12 weeks starting the Friday after I receive a signed agreement to these terms from your organization.
If you accept my offer please respond to this email letting me know when I will receive the agreement in the mail.
If you do not accept my offer please note the following:
1. I will not be speaking to anyone from your company on the phone unless I am recording the conversation. And yes, I know the laws surrounding this and will loudly advise the caller that I am recording the call and that their remaining on the line signifies their agreement to me recording the call.
2. If I feel even remotely harassed by someone from your company again I will report your company in every which way I possibly can, and will include the prior situations which have already taken place.
In closing I would like to add a list of questions I would love to have the answers to, though I am sure you won't provide any answers at all, I still have to ask:
1. Why did the guy who called me earlier call me a liar and say that I never sent you the financial disclosure?
2. And then, moments later why did he change his mind and say that even though I did send it and comply with your requests that it wasn't good enough?
3. Why did he tell me that even though I complied with all of your requests and made several attempts to contact you that you were tired of dealing with and would no longer in fact deal with me?
4. Why did you change your mind and decide to deal with me again?
5. Why did you lie and say that you tried calling me, and that you left messages when you know damn well right you never called or left a message?
6. If you guys honestly feel I have not been co-operating, then why the hell haven't ya taken me to court already considering two weeks before Christmas I was told if I did not pay $200 that day I would be taken to court? Funny that here we are now several weeks later, I didn't pay the $200, I co-operated in every way you have requested even though you claim I have not co-operated at all and you still haven't started the proceedings to take me to court... go figure.
Thanks
THEIR REPLY -------------------------
Please contact the undersigned to discuss details in reference to a settlement.
--------------
I then, as per her request called her and she flat out said no to my offer and that they would only accept $1200 if it was in a lump sum. I asked her what the difference was and she had no answer but told me I could either make a lump sum payment of $1200 or pay $100 a week until the $2100 was paid off. I told her that I would just set aside the $100 per week and call them in 12 weeks to arrange the lump sum payment to which she again didn't really reply so I ended the call and sent this email to recap for my records.
EMAIL -------------------
Hi *****, just sending you an email so that I have a record of our conversation since I have not yet obtained the items needed to record our phone calls. I called you a few minutes ago today, January 6, 2010 regarding my offer to pay the amount of $1200 in the fashion of $100 per week for twelve consecutive weeks beginning when I received a signed agreement from your company to this offer.
During our conversation you rejected my offer saying that you would only accept $1200 if it were made in a lump sum payment. I asked you why $1200 over twelve weeks was different than $1200 over all at once and did not give any valid reason. I then, in reaction to your rejection, said I would save up the $1200 over the next 12 weeks and contact you at that point to arrange the $1200 lump sum payment to which you said was fine and then our call ended.
If there is anything in this email you disagree with please respond to this email so I have a record of it for my records. All my communication with your company will be done in this manner until I get the required equipment to record our phone conversations.
If I do not receive an email response from you objecting to my above statements I will then assume that my offer to pay $1200 in one lump sum to settle the account on April 2, 2010 has been accepted and I will contact you on that date to make said payment arrangements.
Thank you
THEIR REPLY -------------
You may call me to discuss the contents of your email below.
END --------------
It seems to me that they are trying to avoid being recorded in any manner by refusing to converse via email. I have not yet called her back, but have decided I am going to hold my ground 100% against them. From day 1 I was willing to pay the entire balance via monthly payments, they decided to dick around so in my opinion they can take a loss... which inst really a loss considering they were willing to accept $1200 a month ago.
Looking forward to responses and any advice!
and sorry for it being so long, just wanted to ensure I covered everything.
Cheers!