Dave
Staten Island,#2Consumer Suggestion
Thu, June 18, 2009
Basically to sue a large company in small claims court you have to sue the local franchise in your small claims court jurisdiction. The local store gets served the court summons and the gerbil working there making 5 dollars an hour or the creature on work release from Riker's Island who just did time for grand larceny will basically not know what to do with it or not even care what it is because his or her name is not on the summons. The store manager will be basically the same type of person or maybe dumber than their employees. In my situation, the local T-Mobile store's manager was out on maternity leave for the 2nd time this year ( if that is even possible ) and from what the employees told me she let the place go to pot. This to me was a home run. The dopes at the store never sent the court summons over to the higher paid dopes at corporate. Everything you need to find is on the internet. Names and numbers of higher ups at the companies, their salaries, addresses on where they are located. You will also find that most companies have offices in different states. I had to file complaints with 4 Attorney General's offices. You would think they do this to discourage people like us and so they can accumulate as many complaints as they want because they are all in different states. Different states, different laws and different records. One hand doesnt know what the other hand is doing but both hands are dipping into your pockets. These companies are all garbage and treat their employees just as poorly as they do their customers. They send out phony bills to thousands of people in hope they will get money sent back with no questions asked. And if you dont, they will destroy your credit. That is extortion. They will lie to you over the phone, send you b.s letters and refuse to show you validation of debt. Over the phone you deal with one incompetent after another. This is dont strategically to discourage you to just give in and lay down. You will even be transferred to some poor creature in India or Manilla. Just hang up. Write a letter to their customer service center here in the states, or go to Google Finance and get the info of the CEO, CFO, VP etc and send them the letter to them personally. They do not want to be bothered and will just have their secretary or some intern cut you a check to get rid of you. Good luck and God's speed.
Bill_uf
Queens,#3Consumer Comment
Thu, May 28, 2009
Questions: Which legal business/company names do I name on my small claims? IOW, do I sue the local owner by his business name and address, or, name T-mobile but use the local store address? How do I find the legal name of a company that owns a local T-mobile store (by address)? Dave, I want to better understand how T-mobile characterized your debt--it seems unbelievable they would have a record on file of the dollar amount, your account name and number and yet no code or notation as to the type of charge it was??? Was it possibly some sort of retroactive early termination fee or restock fee? Were you able to narrow down whether it was an old debt (whether real or imagined) that resurfaced or a newly generated debt. The following are my humble opinions and heart felt beliefs: I just discovered this website and it really lifts me up--thanks to everyone who makes it possible, including contributors. Fairness (and empowerment) is essential to a healthy society. Consumers beware the passive-aggressive (good cop-bad cop) routine: The paralegal you speak of is dis-ingenuine and not to be trusted because her words are an attempt to disempower the consumer in a passive-aggressive way. As a paralegal, when she offered to void the debt--she in fact was acting in some sort or arbitration or conflict resolution capacity (ONLY as a result of the direct action and persistent efforts of yourself). She is dishonestly trying to minimize you, your efforts, what you value as important, your principles, any sense of moral standards and the truth. You answered your own question--the guy was not authorized to void it because that is not the intent of Tmobile as the paralegal would suddenly have you believe. IMO, I would not waste time speaking to them--any and all contact should be in writing and preferably certified mailed. I read elsewhere and from my own life experience: T-mobile (and many big companies) as a matter of cost/benefit analysis and a matter of policy, do not pay unless they are legally bound to pay or that a legal judgment is imminent. Better to send them a letter and if they do not provide you the consumer satisfaction within a reasonable amount of time--then go straight to court because if you argue and worry and fight but get the money in the end, they will have ultimately won because they will rob you of your good health!!!! Consumers, we must be vigilant.
Bill_uf
Queens,#4Consumer Comment
Thu, May 28, 2009
Questions: Which legal business/company names do I name on my small claims? IOW, do I sue the local owner by his business name and address, or, name T-mobile but use the local store address? How do I find the legal name of a company that owns a local T-mobile store (by address)? Dave, I want to better understand how T-mobile characterized your debt--it seems unbelievable they would have a record on file of the dollar amount, your account name and number and yet no code or notation as to the type of charge it was??? Was it possibly some sort of retroactive early termination fee or restock fee? Were you able to narrow down whether it was an old debt (whether real or imagined) that resurfaced or a newly generated debt. The following are my humble opinions and heart felt beliefs: I just discovered this website and it really lifts me up--thanks to everyone who makes it possible, including contributors. Fairness (and empowerment) is essential to a healthy society. Consumers beware the passive-aggressive (good cop-bad cop) routine: The paralegal you speak of is dis-ingenuine and not to be trusted because her words are an attempt to disempower the consumer in a passive-aggressive way. As a paralegal, when she offered to void the debt--she in fact was acting in some sort or arbitration or conflict resolution capacity (ONLY as a result of the direct action and persistent efforts of yourself). She is dishonestly trying to minimize you, your efforts, what you value as important, your principles, any sense of moral standards and the truth. You answered your own question--the guy was not authorized to void it because that is not the intent of Tmobile as the paralegal would suddenly have you believe. IMO, I would not waste time speaking to them--any and all contact should be in writing and preferably certified mailed. I read elsewhere and from my own life experience: T-mobile (and many big companies) as a matter of cost/benefit analysis and a matter of policy, do not pay unless they are legally bound to pay or that a legal judgment is imminent. Better to send them a letter and if they do not provide you the consumer satisfaction within a reasonable amount of time--then go straight to court because if you argue and worry and fight but get the money in the end, they will have ultimately won because they will rob you of your good health!!!! Consumers, we must be vigilant.
Bill_uf
Queens,#5Consumer Comment
Thu, May 28, 2009
Questions: Which legal business/company names do I name on my small claims? IOW, do I sue the local owner by his business name and address, or, name T-mobile but use the local store address? How do I find the legal name of a company that owns a local T-mobile store (by address)? Dave, I want to better understand how T-mobile characterized your debt--it seems unbelievable they would have a record on file of the dollar amount, your account name and number and yet no code or notation as to the type of charge it was??? Was it possibly some sort of retroactive early termination fee or restock fee? Were you able to narrow down whether it was an old debt (whether real or imagined) that resurfaced or a newly generated debt. The following are my humble opinions and heart felt beliefs: I just discovered this website and it really lifts me up--thanks to everyone who makes it possible, including contributors. Fairness (and empowerment) is essential to a healthy society. Consumers beware the passive-aggressive (good cop-bad cop) routine: The paralegal you speak of is dis-ingenuine and not to be trusted because her words are an attempt to disempower the consumer in a passive-aggressive way. As a paralegal, when she offered to void the debt--she in fact was acting in some sort or arbitration or conflict resolution capacity (ONLY as a result of the direct action and persistent efforts of yourself). She is dishonestly trying to minimize you, your efforts, what you value as important, your principles, any sense of moral standards and the truth. You answered your own question--the guy was not authorized to void it because that is not the intent of Tmobile as the paralegal would suddenly have you believe. IMO, I would not waste time speaking to them--any and all contact should be in writing and preferably certified mailed. I read elsewhere and from my own life experience: T-mobile (and many big companies) as a matter of cost/benefit analysis and a matter of policy, do not pay unless they are legally bound to pay or that a legal judgment is imminent. Better to send them a letter and if they do not provide you the consumer satisfaction within a reasonable amount of time--then go straight to court because if you argue and worry and fight but get the money in the end, they will have ultimately won because they will rob you of your good health!!!! Consumers, we must be vigilant.
Bill_uf
Queens,#6Consumer Comment
Thu, May 28, 2009
Questions: Which legal business/company names do I name on my small claims? IOW, do I sue the local owner by his business name and address, or, name T-mobile but use the local store address? How do I find the legal name of a company that owns a local T-mobile store (by address)? Dave, I want to better understand how T-mobile characterized your debt--it seems unbelievable they would have a record on file of the dollar amount, your account name and number and yet no code or notation as to the type of charge it was??? Was it possibly some sort of retroactive early termination fee or restock fee? Were you able to narrow down whether it was an old debt (whether real or imagined) that resurfaced or a newly generated debt. The following are my humble opinions and heart felt beliefs: I just discovered this website and it really lifts me up--thanks to everyone who makes it possible, including contributors. Fairness (and empowerment) is essential to a healthy society. Consumers beware the passive-aggressive (good cop-bad cop) routine: The paralegal you speak of is dis-ingenuine and not to be trusted because her words are an attempt to disempower the consumer in a passive-aggressive way. As a paralegal, when she offered to void the debt--she in fact was acting in some sort or arbitration or conflict resolution capacity (ONLY as a result of the direct action and persistent efforts of yourself). She is dishonestly trying to minimize you, your efforts, what you value as important, your principles, any sense of moral standards and the truth. You answered your own question--the guy was not authorized to void it because that is not the intent of Tmobile as the paralegal would suddenly have you believe. IMO, I would not waste time speaking to them--any and all contact should be in writing and preferably certified mailed. I read elsewhere and from my own life experience: T-mobile (and many big companies) as a matter of cost/benefit analysis and a matter of policy, do not pay unless they are legally bound to pay or that a legal judgment is imminent. Better to send them a letter and if they do not provide you the consumer satisfaction within a reasonable amount of time--then go straight to court because if you argue and worry and fight but get the money in the end, they will have ultimately won because they will rob you of your good health!!!! Consumers, we must be vigilant.
Dave
Staten Island,#7Author of original report
Wed, February 25, 2009
The check did come in the mail and the $15 court fee was included. I agree that I should have not paid it in the first place, but it would have shown on my credit if I ignored it. The messed up part about the whole thing is when I was talking to the paralegal from T-Mobile on the phone she said it was such a small amount she can void it out of the system right then and there. So if thats the case then why can't the poor mope who I first dealt with in customer service do the same? This just goes to show you its an entire scam and they send out bills to ex-customers in hopes that they pay. If anyone has the same problem with T-Mobile please contact me for the personal information of the people to contact. Thanks to all.
Dave
Staten Island,#8Author of original report
Wed, February 25, 2009
The check did come in the mail and the $15 court fee was included. I agree that I should have not paid it in the first place, but it would have shown on my credit if I ignored it. The messed up part about the whole thing is when I was talking to the paralegal from T-Mobile on the phone she said it was such a small amount she can void it out of the system right then and there. So if thats the case then why can't the poor mope who I first dealt with in customer service do the same? This just goes to show you its an entire scam and they send out bills to ex-customers in hopes that they pay. If anyone has the same problem with T-Mobile please contact me for the personal information of the people to contact. Thanks to all.
Dave
Staten Island,#9Author of original report
Wed, February 25, 2009
The check did come in the mail and the $15 court fee was included. I agree that I should have not paid it in the first place, but it would have shown on my credit if I ignored it. The messed up part about the whole thing is when I was talking to the paralegal from T-Mobile on the phone she said it was such a small amount she can void it out of the system right then and there. So if thats the case then why can't the poor mope who I first dealt with in customer service do the same? This just goes to show you its an entire scam and they send out bills to ex-customers in hopes that they pay. If anyone has the same problem with T-Mobile please contact me for the personal information of the people to contact. Thanks to all.
Dave
Staten Island,#10Author of original report
Wed, February 25, 2009
The check did come in the mail and the $15 court fee was included. I agree that I should have not paid it in the first place, but it would have shown on my credit if I ignored it. The messed up part about the whole thing is when I was talking to the paralegal from T-Mobile on the phone she said it was such a small amount she can void it out of the system right then and there. So if thats the case then why can't the poor mope who I first dealt with in customer service do the same? This just goes to show you its an entire scam and they send out bills to ex-customers in hopes that they pay. If anyone has the same problem with T-Mobile please contact me for the personal information of the people to contact. Thanks to all.
Robert
Buffalo,#11Consumer Suggestion
Thu, February 12, 2009
LMAO! I love it! Don't forget: THEY OWE YOU COURT COSTS!!! They also owe you court costs such as filing fee, making copies, summons service, postage, etc. These additional expenses should have been automatically added to your award. ****IF these expenses were NOT added to your award, WASTE NO TIME and return to the small claims court ASAP to have the award AMMENDED to include these costs. Unfortunately, in NY you cannot recover lost wages for leaving work to attend small claims. Good luck. Please let us know when they pay you! (snicker)
Dave
Staten island,#12Author of original report
Tue, February 10, 2009
The letter writing went back and forth between myself and the T-Mobile Executive Offices and their Small Claims department. The court date came and T-Mobile was a no show. I won by default. The store was served with the court summons and the rocket scientists there hung up the summons in the back where they laughed at it. They never sent it over to T-Mobile HQ like they are supposed to. I knew that would happen. Like they used to say on the A-Team, "I love it when a plan comes together". About 2 weeks after the court date I went to the T-Mobile store with my curt paperwork and asked the manager for my money. He was confused and did not know what to do. I wrote a letter to T-Mobile explaining to them I had won in court, they never showed up and I want my money. After the 30 day mark I went to the New York City Marshal's Office and handed it over to them for collection. Today T-Mobile called me telling me I will be receiving a check in the mail soon from them for the amount. If anyone is reading this and has the same problem, contact me directly and I will provide to you the names and numbers of the people over at T-Mobile to contact.
Dave
Staten Island,#13Author of original report
Wed, December 17, 2008
AFNI refused to provide me with any debt validation and T-Mobile the same. T-Mobile says its too far back in their system to tell me anything, but 2 months ago they sold the debt to AFNI Inc, or in my opinion T-Mobile sells names of ex-customers and AFNI Inc. sends out collections letters hoping people will pay. In my situation with the mortgages I figured just pay it, get it out of the way, then fight it. Thats what these criminals hope people do. I think its odd nobody wants to provide me with any proof of debt. Everyone's responses have been helpful, thank you and will keep everyone updated.
Robert
Buffalo,#14Consumer Comment
Tue, December 16, 2008
""I called NYS AG's office and NYC DCA, there is no statute of limitations like you said there is. Basically T-Mobile and Afni are scammers and prey on people going through mortgages. Basically all you can do is file complaints and sue. Oh well, thanks again"" I think you may have misunderstood what they were trying to convey to you. There IS a statute of limitations; it's outlined in detail in NY State Civil Practice Law and Rules (CVP), Article 2 LIMITATIONS OF TIME. In the matter you present in this ROR, the creditor has 6 years to sue you, otherwise an expired statute of limitations is an affirmative defense against a lawsuit that is brought after the SOL is expired. I think what they attempted to tell you is that in NY State, a creditor may attempt to collect a valid debt indefinitely-there is no time limit for attempting to collect. They may mail you notices, make phone calls and such indefinitely (although they are forbidden from harassing you by NYS General Business Law (GBL) Article 29H. You may look up any NYS Law at this website: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Dave
Staten Island,#15Author of original report
Mon, December 15, 2008
Thank you for your kind words you started off with. I called NYS AG's office and NYC DCA, there is no statute of limitations like you said there is. Basically T-Mobile and Afni are scammers and prey on people going through mortgages. Basically all you can do is file complaints and sue. Oh well, thanks again
Laurie
Haslet,#16Consumer Comment
Mon, December 15, 2008
You failed to do the research - you came here and found a lot of complaints - but obviously did not bother to read any of them. YOU PAID A DEBT YOU DID NOT OWE - because you chose NOT TO DO THE RESEARCH. www.ftc.gov Fair Debt Collection Practice Act - FEDERAL LAW THAT PROTECTS YOU FROM BOTTOMFEEDERS LIKE AFNI. www.budhibbs.com A consumer advocate website specializing in collections and those companies that violate the FDCPA law - LIKE AFNI
Steve
Bradenton,#17Consumer Comment
Mon, December 15, 2008
Dave, WHAT WERE YOU THINKING!!! You just caused yourself ptentially MULTIPLE problems here, and your out 200 bucks you didn't have to give up!! FYI...Even if you did owe that money, it was NOT legally collectable as the maximum statute of limitations in NY is 6 years. AFNI could not have enforced any collections actions against you. And, you could have gotten paid for any damages they caused you in the illegal collections activity they were engaging in. AND....FORGET THE BBB!!! They are ABSOLUTELY USELESS!! They are a "for profit" business and are very corrupt. AND..they have no authority to make anyone do anything. They are not a government agency. Dave....Here are the BASIC RULES...for future reference. 1. Stay off the phone!! NEVER speak to any bottomfeeder on the phone! 2. Learn your basic rights, ie: the law..FDCPA and FCRA...at ftc.gov 3. NEVER pay ANYONE if you don't feel you owe the money! 4. Remember, the LEGAL "burden of proof" is ALWAYS on the bottomfeeder. You need to get a lawyer and sue them to get your money back, and for whatever else you can dream up.
Dave
Staten Island,#18Author of original report
Mon, December 15, 2008
I will do that today. So the BBB says T-Mobile has 5 days to provide the debt or Afni? T-mobile just tells me I owe the funds but don't know what it's for, just thats it's so far back in the system they can't tell. Someone from the executive's office called me in response to my letter and told me that in their system it showed they tried to contact me by phone and mail over the 7 years. I explained to her that my home phone or mailing address has not changed and I never received such calls or letters. I also asked for some kind of proof of her claim like a copy of the screen she was looking at infront of her. She told me I would have to write a letter to the T-Mobile legal unit and have that subpoenaed. That sounds like bs and trying to make me give up. Today I am going to contact the BBB about what you told me to do. The only reason why I paid AFNI is because I am applying for a mortgage. Thanks again
Michelle
Baltimore,#19Consumer Suggestion
Fri, December 12, 2008
Dave, you should not have paid AFNI anything. There are collection agencies out there that buy what's considered "ghost debt" or bad debt- debt that does not exist- because it was paid in full or written off. They buy it really cheap and then send out bills to people hoping someone will pay even though the debt is not valid. My husband received a similar letter for a T Mobile account. I was instructed by the better business bureau to write T Mobile a letter disputing the validity of the debt and requested written verification of the debt. BBB told me by law, AFNI has 5 days to provide proof of such debt, which they won't be able to do.