Transcript of Call between Robert Paisola, the CEO and President of Western Capital and Harisha and Shankari Bastiampillai on the 29th of September 2006 Regarding American Express/ Ameriprise Financial Abuse by Nationwide Credit
Date: September 29, 2006
Time: 10:40 a.m.
THIS IS THE LIVE CALL IN AUDIO FORMAT AS WELL AT THE TRANSCRIPTION AGAINST NATIONWIDE CREDIT
This is Robert Paisola Calling for Shankari Bastiampillai, one of our VIP Clients . We are calling Nationwide Credit regarding serious matter of FDCPA violations against them.
Again, this is Robert Paisola. This call will now be on hold until we get Nationwide on the phone. We are dialing 1-866-381-5531 asking for Ashley Cotton at extension 1096. All right, now I have to ask you a question, my friend. Is it okay if I record this phone call between you and I?
Speaker 1: Yeah.
Speaker 3: Okay and announce your name for the record and spell it please.
Speaker 1: Shankari Bastiampillai.
Speaker 3: Okay great! thank you and sir, there is a possibility that you will be speaking on this call __________ I have your permission to record you.
Speaker 1: Yes.
Speaker 3: Okay, thank you. Very well, okay. I am going to go ahead and get them on the line. If you hang on, I will come right back, okay? Thank you.
Speaker 3: Are you there? Shankari, okay.
Nationwide Credit.
Speaker 1: Hi, can I speak to Ashley?
Nationwide Credit: Yes one moment.
Speaker 2: This is Ashley.
Speaker 1: Hi Ashley, this is Shankari Bastiampillai. You called me yesterday? I was just wondering, I gave my husband all the information and I was wondering if he called. I mean, because it is under my name, I just wanted to see if we can come to some kind of agreement?
Speaker 2: Well, maybe you and your husband are not on the same page because when he called me, he told me that you told him that I was threatening a lawsuit against you.
Speaker 1: Madam you did say that to me. You said if we do not pay $9000 that you will take legal action against me.
Speaker 2: I said I will have to recommend that your account be proceeded against. I didn’t tell you I was filing a lawsuit against. Those are two completely separate things.
Speaker 1: You said if I did not get back to you by 6 o’clock this morning that you would file legal action against.
Speaker 2: No I did not. I said I will recommend proceeding take place against the account. Filing a lawsuit against someone, I never said that to you.
Speaker 1: Madam that is what you did because that is what I am told my husband.
Speaker 2: Oh! whatever, we are not going to discuss that. Your husband called.
Speaker 1: What can I do? I mean what do you want me to do at this time? I mean, can we make arrangements to pay you on a monthly basis?
Speaker 2: Maybe okay. Have you spoken to your husband this morning?
Speaker 1: No I have not.
Speaker 2: Okay, maybe you should because I am getting two completely different stories from yourself and your husband and you guys need to get together and talk amongst yourselves. I told him the same thing I told you, __________ 30% down.
Speaker 1: But madam I can’t put down 30%.
Speaker 2: I know you cannot, but your husband probably can.
Speaker 1: We live in the same house, madam.
Speaker 2: Oh! you have not even spoken to him and you are calling me without anything.
Speaker 1: I mean I know how much money we have, 30% is impossible for us to put down.
Speaker 2: Well, I also gave him a number to a place called American General for him to call and see if you guys can __________ borrowing the fund.
Speaker 1: But we have actually gotten into some financial trouble and I do not think we will be able to get credit from them.
Speaker 2: Well, you never know until you try.
Speaker 1: Miss.
Speaker 2: Yes.
Speaker 1: I mean can you not make an agreement with me.
Speaker 2: He is not letting me. That is what I am saying, maybe you guys should talk to each other because I tried to offer him arrangements. I told him I spoke to you about offering arrangements. He said to talk to him. Now you are calling me and saying to talk to you. You guys are confusing me.
Speaker 1: Yes, but if my account, you are taking legal action against me not him.
Speaker 2: Okay while he is threatening legal action against me. Look, I do not know what you guys are trying to pull here or if you are just really confused. Your account is here for almost $10,000. I offered you a 30% down.
Speaker 1: I am trying to make an agreement with you.
Speaker 2: What type of agreement are you trying to make?
Speaker 1: Well, can you make some agreement that I can pay like on a monthly basis.
Speaker 1: __________ not 30%.
Speaker 2: What am I going to tell American Express. They want some sort of agreement. You are not giving me anything to offer. What are you talking about, what type of arrangement?
Speaker 1: Like can I pay you $500?
Speaker 2: Not per month! They would take you over a year to pay this account off.
Speaker 2: You are aware of how long that would take you to pay off almost $10,000.
Speaker 1: I understand that mamma but that is all how much I can afford. I need to be able to afford to pay it.
Speaker 2: Okay, well you should have thought about that when you charged up the card. Is your husband’s credit different from yours?
Speaker 1: I don’t understand what that means.
Speaker 2: Is your husband’s credit different from yours. Your credit does not look very good. Is his credit good?
Speaker 1: I do not know.
Speaker 2: Oh then you do not know if he can or cannot get a loan.
Speaker 1: Well I know how much debt we have and we cannot get 30% to pay you.
Speaker 2: Did American General tell you that?
Speaker 1: We have not talked to American General, but we have not been able to get credit for a loan to pay people.
Speaker 2: Okay, now call American General and see if they will allow you loan, if they say no.
Speaker 1: Yes.
Speaker 2: Then we will try to work something out.
Speaker 1: Like a monthly basis.
Speaker 2: Yeah, if American Express allows, but I can’t go to them and say, okay I know what she charged up almost $10,000 in a year knowing that she had no way of paying it back and now she wants over a year to pay it back. Do you think that is reasonable?
Speaker 1: Well, taking legal action against me, is it reasonable? Is it when I do not have money to pay you?
Speaker 2: Well madam, you did not have the money when you charged it to begin with.
Speaker 1: Madam, you are threatening to sue me.
Speaker 2: I didn’t.
Speaker 1: I cannot afford to pay you $500.
Speaker 2: You are twisting my words. That is your fault. I told you that if you do not call back or have someone call back on your behalf that I would have no other choice but to recommend proceedings against you for willfully evading your bank. That is what I said.
Speaker 1: But I am not __________ bank.
Speaker 2: You talked to my supervisor after that. So, don’t tell me that I said that because I did not.
Speaker 1: Ashley.
Speaker 2: Yeah.
Speaker 1: I am not trying to evade my debt.
Speaker 2: Okay.
Speaker 1: I am trying to make arrangements with you to pay it. You are offering me 30% which is, I do not know what to tell, I do not know where you want me to get that from.
Speaker 2: But you are acting like it is my fault.
Speaker 1: I am not saying that it is your fault. That is what you are telling me that you will only settle for 30% or the whole amount or you will take legal action against me.
Speaker 2: Because you are refusing to try to borrow the funds from anyone, madam.
Speaker 1: Madam, I can’t borrow funds.
Speaker 2: You need to listen to yourself.
Speaker 1: If I could borrow funds you think I would owe $10,000.
Speaker 2: Well, madam why did you charge up $10,000 knowing you did not have a job.
Speaker 1: I am a contractor.
Speaker 2: And I understand that. But you didn’t have a contract when you charged up this money. You didn’t. So do not think you can yell at me because I have to do my job. Go to American General with your husband and see if they will process a loan for you. If they say no, then will call me back, and we will work something out.
Speaker 1: Well if they can’t do, if they say no and I come and I call you back?
Speaker 2: We will cross that bridge when we get to it.
Speaker 3: Ashley.
Speaker: 2: Yes.
Speaker: 3: Guess what, we are going to cross the bridge right now.
Speaker 2: Who is this?
Speaker 3: Ashley, my name is Robert Paisola and you probably definitely, definitely want to get a supervisor on the line for this call. Do you want to have patch-in to the call before I announce who I am.
Speaker 2: You need to announce who I am because I do not know who I am talking to, I did not know there was a person already on this phone.
Speaker 3: I know and I understand that. Ashley my name is Robert Paisola and I am the CEO of www.mycollector.com.
Speaker 2: Hi! Can you spell that?
Speaker 3: No I won’t spell it for you, but I will tell you that I am very concerned about what we have heard and about what has been going on and...
Speaker 2: Well, she needs to give me permission to talk you.
Speaker 3: No, I understand that. She is going to give you a lot of permission, but I am going to have a discussion with you first of all, unless you.
Speaker 2: I am not going to speak to you, I do not have permission.
Speaker 3: Unless you hang up the phone. Well, you probably are going to hang up the phone, so why do not...
Speaker 2: I am not going to hang up, I am just asking you to tell her to give me permission to talk to you.
Speaker 3: Okay. Madam, what I want you to do is I want you to tell her it is okay to speak with myself.
Speaker 1: It is okay to speak with him.
Speaker 3: At anytime and my name in Robert Paisola and I am with Western Capital.
Speaker 2: Okay.
Speaker 3: And they are giving you permission to speak with me.
Speaker 1: Yes I am.
Speaker 3: Okay, now here is what we have got. We got some real, real serious problems here about your collection technique and what you done to these people.
Speaker 2: I have not done anything to them.
Speaker 3: Well, I have proof to just the opposite, okay. So, Ashley it is very important that you listen what I have to say.
Speaker 2: Okay.
Speaker 3: Okay, Ashley you cannot demand that a debtor go out and get a loan. You cannot demand that a debtor go to their spouse or significant other and borrow money.
Speaker 2: I did not say that.
Speaker 3: Yes, you did. I have…
Speaker 2: She told me.
Speaker 3: Okay, Ashley listen carefully That is why you probably want to transfer this to your site manger. Which call center are you in? Are you in Kansas City or are you in Georgia? Where are you?
Speaker 2: I am in Sacramento.
Speaker 3: You are in Sacramento. Okay. Here is what is going to happen. What is going to happen is first of all, you are going to end up paying these people, guaranteed, absolutely without a question, okay? In other words Nationwide Credit is going to end up paying this couple for what you done.
Speaker 2: Hold on one second.
Speaker 3: I would hope you would transfer the call and not have the guts to hang up on me.
Speaker 2: Sir, you are the one who is saying hang up.
Speaker 3: No, no, no, I am saying because your overpowering your customer and you are using things that do not make sense and you are saying things like willfully evading the debt.
Speaker 2: Well sir, she ______ for the last five months had paid one payment.
Speaker 3: I heard the conversation.
Speaker 2: For the last five months had paid one payment.
Speaker 3: Okay and I under__________.
Speaker 2: She told me in the first conversation that she has a job, but she has not work all year and she charged up $9763 and 34 cents in that year and which she knew that she would not be able to pay it back.
Speaker 3: Ashley, that is not true. She did not have prior knowledge that she would not have the ability to pay.
Speaker 2: She told me in the first conversation, ________
Speaker 3: Ashley.
Speaker 2: This time we are on the phone together.
Speaker 1: No madam. That is not __________ for you.
Speaker 3: Madam, Ashley.
Speaker 2: Hold on sir.
Speaker 3: Every time you say that you just won a $1,000 from my client.
Speaker 2: Hold on sir.
This is Robert Paisola with Western Capital, the time is 10:55 a.m. Mountain Standard Time. We are speaking with Nationwide Financial. This call will be transcribed and posted to our web site at www.collectionindustrylive.com and www.mycollector.com. This call is now continuing.
Ladies and gentlemen, it is becoming very apparent that Nationwide Credit in their relationship with American Express has absolutely no regard for the consumer and for your rights. A collection company cannot call you and make a demand that you go to your ex or current spouse and have them take care of you debts. The simple fact that this collector has stated if you do not pay, we will take further action including up until including legal action because you willfully evaded this debt is against the FDCPA. Now let s be very clear. The husband’s credit is separate. This is why this company has entered into a Consent Decree with the FTC. This is why a class action lawsuit is going to happen again to this company. This is why Ashley Cotton will not be coming back on the line because Ashley Cotton will not be able to handle this call because it is going to be transferred to her legal department very quickly. So Western Capital, I guess we have Ashley back on the line.
Speaker 2: Hello.
Speaker 3: Wonderful. Hello Ashley!
Speaker 2: Hello.
Speaker 3: How are you?
Speaker 2: I am fine.
Speaker 3: Great! What are you going to do?
Speaker 2: Sir, you are talking about repaying this account or hang up __________.
Speaker 3: No, no, you are going to be paying them.
Speaker 2: I am not paying anything.
Speaker 3: No you are not paying them personally, but Nationwide will. You are going to turn this account back to.
Speaker 2: __________ Sir.
Speaker 3: Ashley, I hope you understand who you are talking to?
Speaker 2: No! I have said. I know I am talking to a Robert Paisola.
Speaker 3: Right. Do u have the internet in front of you.
Speaker 2: No I do not.
Speaker 3: So you are not even a supervisor then.
Speaker 2: I never told you I was.
Speaker 3: Let us escalate this to a manager, to you site manger and who is that?
Speaker 2: You spoke to my manager. If you are trying to repay off this account, we do not have anything to discuss.
Speaker 3: Oh, I would not say that madam. To the 100,000 people who are listening to this phone call.
Speaker 2: But I didn’t give for 100,000 people permission to look into this phone call.
Speaker 3: I understand you did not, but I did. Is not that great? So I am telling you, you do not want to say that.
Speaker 2: I do not want to say what?
Speaker 3: You simply do not want to say we have nothing else to discuss.
Speaker 2: Don’t sir, the only conversation I am interested in having is with Mr. Harisha Bastiampillai.
Speaker 3: Right, but the wonderful thing about it is, they have given you permission to speak to me.
Speaker 2: Come on! I do not have to speak to you. _______ given me permission to.
Speaker 3: Right, and so you are going to talk to me as their power of attorney.
Speaker 2: I do not have any records of you being their power of attorney.
Speaker 3: Okay, madam do you give me permission to speak to this company as your registered power of attorney?
Speaker 1: Yes I do.
Speaker 2: I don’t have anything __________.
Speaker 3: Thank you, pursue to the FDCPA. You are now required to speak to me. Are you clear?
Speaker 2: Sir, I am not your child.
Speaker 3: Well, you are obviously acting like a child or you are a brand new collector, one of the two, which one is it Ashley?
Speaker 2: No one sir and I do not need all these harassment either.
Speaker 3: Oh, harassment.
Speaker 2: I am not your child, I would not like to be referred to or treated like one.
Speaker 3: So are you a child or brand new collector?
Speaker 2: Sir, are you a child or brand new collector?
Speaker 3: I am an experienced collector worldwide that I train collectors.
Speaker 2: Okay, and you are trying to use that to scare me or is it some type of tactic are you trying to use.
Speaker 3: No Ashley, I don’t try…
Speaker 2: If you don’t plan on trying to ________ a resolution on this account, I do not have any interest in speaking to you and that is my job.
Speaker 3: Ah, wait, wait. Now we have an attorney on the phone, guess what?
Speaker 4: Ashley, this is Harisha Bastiampillai. I called you earlier today. I attempted to work out a payment arrangement. You said the only payment arrangement you will accept is that if we either to pay it all now or with a 30% now and the rest over the next two months and then I said, what can I propose an alternative. I was not given an alternative. You said the only thing I could do was borrow money from my family or __________
Speaker 2: I did not say that.
Speaker 4: You said borrow from friends or family or seek a loan from American General. __________ I wanted until Monday to be able to explore those options, you said I needed to respond by 3 p.m. pacific time __________.
Speaker 2: You are saying about American General and I told you also and I also said if they deny you, I just need to show American Express that you were trying to get __________.
Speaker 4: No, you never said that.
Speaker 2: You know what, I am not…
Speaker 3: Okay hold on. Hey stop, stop.
Speaker 2: I have to listen to you __________ here and try to twist my words.
Speaker 3: Okay, Ashley, Ashley.
Speaker 2: __________ told you and I am __________ arrangement.
Speaker 3: Ashley, Ashley stop.
Speaker 2: __________ try to propose something.
Speaker 3: Ashley.
Speaker 4: I just did.
Speaker 2: __________ asking me what I am offering and I told you what I was offering.
Speaker 4: My wife proposed $500 a month. You are not willing to even consider that.
Speaker 2: I did not say that.
Speaker 4: Yes you did. That is what is recorded.
Speaker 3: Ashley.
Speaker 2: Who gave you permission to record it?
Speaker 3: Ashley, did you ask this couple to go to American General.
Speaker 2: I told it might be a good idea.
Speaker 3: Okay, thank you for being honest.
Speaker 2: Welcome.
Speaker 3: Now, the bottom line is that if I were you, I would escalate this to a senior manager who handles the American Express portfolio. It is extremely, extremely important, probably for your sake and for Nationwide’s sake because the last thing we want to do is get in federal litigation again over the same type of violations. Are you aware of what I am speaking of? I have a Consent Decree in front of me.
Speaker 2: Of what?
Speaker 3: You have no idea what I am talking about?
Speaker 2: No.
Speaker 3: Okay.
Speaker 4: Robert, she represented to me. She complied with training pursuing to that Consent Decree.
Speaker 3: I understand that.
Speaker 4: I guess she is now revoking that statement.
Speaker 3: And that is recorded.
Speaker 2: I do not know what you are talking about.
Speaker 3: And that is recorded also.
Speaker 2: I am actually trained if that is what you are talking about, but I do not know what you are saying when you are talking about some __________.
Speaker 4: They never made you aware of the Consent Decree that you were required to follow certain __________.
Speaker 2: Yes, I have been trained on the FDCPA.
Speaker 3: So, what did they tell you about the Consent Decree when the FTC got involved, Ashley.
Speaker 2: You know what, I am not going to go over all my training. If you guys do not want to, if you are not interested in working out an arrangement.
Speaker 4: We offered an arrangement.
Speaker 3: Yeah, we offered an arrangement. The only person who is going to hang up, Ashley, is you and if you hang up….
Speaker 2: You know what sir, you keep saying all this about me. Have I hung up on you. Am I still on the phone with you?
Speaker 3: Well, congratulations.
Speaker 2: You have been telling them that I am going to hang up, have I done that?
Speaker 3: Well you hung up on them.
Speaker 2: When?
Speaker 3: Ashley, do you realize? This is crazy. Do you realize your are asking a third party, disclosing information to a third party asking him to go out to a low rated sub-prime financial company to get money to a third party, you can’t do that.
Speaker 2: What third party did I call?
Speaker 3: Her husband, her husband, you cannot.
Speaker 2: She gave me permission to talk to him and he called me and I returned his phone call.
Speaker 3: But he is not the debtor and guess what, that is the way congress looks at it. That is the why the courts looks at it.
Speaker 2: Okay, but if she told me to call him, said it was okay to call him, gave me his phone number, why is it my fault?
Speaker 3: Because you are a collector.
Speaker 2: ___________ what she asked me.
Speaker 3: Because you are a collector and you are to know the law.
Speaker 2: You know the law, if she give me permission then I can speak to him.
Speaker 3: That it is correct. The last thing you said was that you will not accept any type of arrangement until they go to American General, is that correct?
Speaker 2: No.
Speaker 3: Okay, I will ask you one more time. During this conversation...
Speaker 2: I cannot accept it without showing American Express that they have tried to go out and get the funds.
Speaker 3: From American General Financial, is that correct?
Speaker 2: Or any other person or loaning financial, anyone that they __________.
Speaker 3: Did you mention American General by name?
Speaker 2: Yes.
Speaker 3: Okay, well.
Speaker 2: I suggested it to them along with their bank or any friends and family that may be able to help them out.
Speaker 3: Okay, so at this point, they told you that they do not have the ability to get money. So according to your protocol they offered you $500. Now their offer has just been reduced to $200 per month.
Speaker 2: Fine sir, you know what, I don’t feel like.
Speaker 3: Oh you said fine.
Speaker 2: If you want to set up that arrangement then that is what we need to talk about.
Speaker 3: There is going to be an arrangement setup, all right. I a going to set up an arrangement with you and then I am going to set up arrangement with Nationwide and the FTC, but with you right now to take care of customer, we are going to send you $200 per month.
Speaker 2: I __________ want to put you and put my __________ on the phone, just to verify everything that you are saying.
Speaker 3: And you are not.
Speaker 2: And I am not going to hang up.
Speaker 3: And you are not going to hang up.
Speaker 2: Hold on.
Speaker 3: Ashley, you will not call them anymore. You will cease and assist on collecting on this account. Am I clear? Well, it looks again as though Ashley has hung up the phone. This is Robert Paisola with Western Capital, the time is 11:05.
Ladies and gentlemen, now we see very clearly why we do what we do. Look at how this company is treating these people. I lost my voice, why? Because I was doing a training seminar in Mexico with collectors. That is why my voice is lost. But is it right and is it moral to treat the people this way? Well! no, and that is part of the reason why I will be testifying before Congress on revamping the FDCPA. Because this is absolutely, absolutely terroristic in the way this claim is being handled and American Express has one liability by transferring it to this company and by letting people like Ashley Cotton at 1-866-381-5531 (extension-1096) collect on accounts like this. Nationwide has to learn their lesson. Well, obviously the Federal Trade Commission did not do their job in 2003 when they had the company pay 1.15 million dollars to address consumer readdress because the company continues to do what it does. So my question to you, to the senators and congressmen who listen to this, to the executives at Nationwide and to Nationwide’s outside counsel. What are you going to do to ensure the American public is safe? To save them from people like Ashley Cotton and her terroristic threats. You see, portfolios are sold in bulk and with collectors like Ashley Cotton, portfolios become worthless on the secondary market and consumers move towards suicidal ideation which then goes back upon Nationwide for the way they treated this couple. We will not stand for this type of action and we will not stand to let this happen to anybody else. That is why we are your advocates. That is a why we are the ones who will be publishing this on www.collectionindustrylive.com and all of our affiliated sites. We will be issuing a national news release and as you listen to this call, I want you to think what if this were your family member, what if this was your father or your mother, what if Ashley Cotton called you, how would you act? My dear friends that is the question because by the time we are done, I can guarantee you that Nationwide will no longer have this portfolio because we are going to be talking to the portfolio managers who assigned this portfolio to Nationwide and it just so happens that Western Capital has an office in Salt Lake City, Utah which is where that __________. So, let me be clear what you heard today is completely going to transcend anything that we done in the past. This will be transcribed and will be played for your review today on our website.
Now the question you are asking, Robert, if indeed there is such violation why are agreeing to pay?
Well, we are simply going to pay them 200$ a month as a matter of nuisance value until we get a court judgment against them and we will start a class action lawsuit by competent counsel. Now to our listener, you understand the debtor’s husband is an attorney. What kind of collector would say these things to a debtor let alone, a debtor who husband is an attorney. You are challenged to go to www.mycollector.com and listen to the calls. Listen to what we had to do to GMAC to get them to see the light. Listen to what we had to do to Unifund, to let them see the light. Hundreds of millions of dollars later they finely get it and because of these outstanding citizens, Nationwide is again going to get it. For your review I want every single person to listen to this call, to go to www.ftc.gov./opa/2003/08/nationwide.htm and If you are in the position of power at the FTC what are you going to do to stop this company. What are you going to do to stop American Express AKA Ameriprise Financial from treating debtors in this terroristic method that they do. Ashley Cotton said that this lady was “willfully evading her debt.” How did Ashley Cotton know that? When Ashley Cotton demanded that she go to American General, is that pursuant to the FDCPA? Can she demand that they go to American General Financial? What kind of a deal does American General have with Ameriprise Financial? We will find out because guess what, this will be on CNN quicker than you can imagine and this company is absolutely now trapped in a box because the more I think about this, we are not paying them a penny. There is no payment arrangement. They are going to pay us and it is going to be a minimum of what the balance is and this will go worldwide, my friends, and I hope you hear the passion in my voice, the voice that I had lost from going a four-day collection seminar in Mexico, teaching collectors how to reach the next level without violating people’s rights. This will cost this company millions of dollars. So, if you have been abused by American Express, if you have been abused by Ameriprise Financial, if you have been abused by Nationwide out of Georgia, I challenge you to contact our office at investigations@mycollector.com. Because, trust me, with a 100,000 people per day listening to these conversations and all the things that are said, there are lot of important people who hear and then they hear Ashley Cotton’s conversation today with out client, I guarantee you things are going to change and I guarantee you what I testified before Congress that I am going to play this, so they see exactly what is happening. We are now on hold. This is Robert Paisola for Western Capital, the time is 11.13 a.m. Ashley Cotton has not come back on the phone. No representative from Nationwide has come back on the phone. So we can only assume that they too have no intention of resolving this at the upper levels of the management. So, what we will do is that we will simply do what we normally do. We will record the call which has already been done, transcribe it and refer it to the FTC and the local State Attorney General’s Offices. I want you to do the same thing and anybody who is contacted by this company needs to contact our office immediately. We will be assembling a list of names of victims of this company. They will be then transmitted to the Federal Trade Commission because this is indirect violation of the consented decree that was established in August of 2003. So to all of our listeners around the world who wonder why we do what we do, read the article on our website at www.mycollector.come why did we walk away from 750 million dollars, because the industry is now morally bankrupt. The collectors they collect are left with no opportunity than to violate your rights to get you to pay, to tell you that you __________ did not have the ability or the desire to pay, to threaten credit fraud, to threaten a lawsuit if you don’t pay by 3 o’clock today, interesting! because you know as I read this Consent Decree those are the exact same things that they did prior to dealing with this wonderful couple. We will now wait one minute for Nationwide to come back on the phone. If they do not come back on the phone, we will publish the call as it is. Our correspondence received by Nationwide will be authenticated and will be placed on the web site. They have already been told verbally cease and assist. Now let me explain that.
A collection agency must cease and assist. That means no more calls, no more letters, nothing when you say that. When they tell you in that it is not possible for them to do it without a letter that is lie.
Do you feel the passion in my voice, you should because there are billions of dollars at stake and millions of lives.
Nationwide has exactly 45 seconds to come on the line.
Speaker 2: Hello.
Speaker 1: Good afternoon.
Speaker 2: Hi, my name is Al Rossman, I am the director of operations here. My rep came over to me. She said I guess you guys are running into some type of __________ or you are suing off that there is some type of issue.
Speaker 1: What is your name sir for the record?
Speaker 2: Al Rossman.
Speaker 1: Al Rossman and what call center you are in now?
Speaker 2: Sacramento, Nationwide Credit.
Speaker 1: Okay. What did your representative, Ashley Cotton, tell you.
Speaker 2: What does that matter?
Speaker 1: Okay, next question. What is your understanding of the status of the account?
Speaker 2: Delinquent.
Speaker 1: Okay. Did Ashley explain to you what the problem was?
Speaker 2: She said you were suing our company.
Speaker 1: Okay. You know what, it sounds to me like you are not in the loop on this and I appreciate that because she has not given you the data. All I ask you is do you have any statement that you like to make regarding this account?
Speaker 2: Are you guys paying the account.
Speaker 1: Oh, absolutely not, you will be paying them. You will be paying them.
Speaker 2: Okay, and you realize the fact that even if you were to sue us, the fact that she owes the bill are two separate matters.
Speaker 1: No, that is absolutely not. Sir, understand by the time this is finished you will be paying them. American Express, Ameriprise Financial will be paying them the minimum, “minimum” amount of the bill far, far, far in excess, and it will be dealt with by the federal trade commission because you are in violation of the Consent Decree.
Speaker2: Okay, so you are not paying the bill.
Speaker 1: The bill will not ever be paid by this couple, “ever.” They will never pay you one dime.
Speaker 2: Is the card member on the phone?
Speaker 1: Yes. You have the card member and the card member’s husband who is an actual attorney.
Speaker 3: The card member had to go pick up our son at school because we had to wait so long for you to get on the line.
Speaker 1: And we do have permission on the account to speak to the card member’s husband.
Speaker 2: Are you okay sir, I mean, sound like you have some issues.
Speaker 1: Are you talking about me?
Speaker 2: Yeah.
Speaker 1: I have many issues.
Speaker 2: You are high-strung.
Speaker 1: Oh, we are very high-strung, that is why I get paid $450 an hour to do what I do. Absolutely, I am high-strung because our business has turned into a completely more of a bankrupt business and when you have people that work for you like Ashley Cotton who completely destroy peoples lives.
Speaker 2: Destroy their lives?
Speaker 1: Destroy their lives!
Speaker 2: That is a pretty broad statement.
Speaker 1: Well, we have….
Speaker 3: When you threatened to sue us by 5 p.m. on the day you called and say I must come up with $9000, you know, that really does not put you in a happy frame of mind.
Speaker 2: Well, you have not paid on the account for four months to bring it current.
Speaker 3: We paid a substantial payment to American Express. Yes, I agree that it did not bring it current, but then after that it was just sent off to your company and then we get this communication that unless we pay $9000 by 5 pm, you are going to file a lawsuit and you also did mention to us that you were going go into our bank account.
Speaker 1: Now, understand sir, the director of operations in Sacramento, this was all done via recorded conversation. Your collector said this today better.
Speaker 2: Can you play it back.
Speaker 1: Absolutely not. You will be hearing it on the internet tonight. Just go to www.mycollector.com.
Speaker 2: www.mycollector.com?
Speaker 1: Are you a senior manager?
Speaker 2: The director of operations would be considered a senior manager.
Speaker 1: Then I am sure you can go right now to www.mycollector.com, and just to advise you again the gentleman you are talking to is a counsel, he is an attorney.
Speaker 2: Okay. So, you…
Speaker 1: That third party now is prior to her even giving permission to speak to her husband.
Speaker 2: Okay, sir are you willing to pay your bill back or no?
Speaker 1: Absolutely not, okay.
Speaker 2: I am not talking to you, I am talking to the card __________.
Speaker 1: I want to speak to my client really quickly. I want you to say, absolutely not you will not pay this.
Speaker 2: So, are you his attorney?
Speaker 1: I am not acting as his attorney in this fact, no, but I am telling you __________ I am not acting as his attorney in this matter.
Speaker 2: And are you going to be accepting services for that?
Speaker 1: If you want to serve him, you serve him personally. I guarantee we would love __________.
Speaker 2: I just want to make sure, you role here is very clear.
Speaker 1: No, no, no, no.
Speaker 2: You are not a counsel?
Speaker 1: No, he is counsel and I guarantee you if you want serve him, you tell Ameriprise.
Speaker 2: __________ to your client.
Speaker 1: No, I am speaking to my client. Yes he is my client.
Speaker 2: How is he your client if you are not his attorney?
Speaker 1: Okay.
Speaker 3: Does everyone have to be an attorney to have a client?
Speaker 1: Thank you counsel.
Speaker 2: So, how is he your client?
Speaker 1: He is a friend.
Speaker 2: Okay. So he is your friend. You want to speak to your friend, not your client.
Speaker 1: Okay. He is my friend who is a client, how is that?
Speaker 3: You know people who sell insurance, they also have clients.
Speaker 1: There you go. So very well. Our position is that we are not going to pay in anything. Our position is that they violated the law. Our position is that everything single thing they have done is warningly against the law and….
Speaker 2: You understand even if he is awarded damages, it is not going to erase the bill. He is going to receive damages and he still going to have to pay the bill.
Speaker 1: Sir, that is not true. I dealt with American Express long enough and I dealt with Ameriprise and I dealt with Nationwide, that is why...
Speaker 2: What __________ you work for?
Speaker 1: Did you go to www.mycollector.com, did you __________ pull up the page.
Speaker 2: I am sorry?
Speaker 1: Did you go www.mycollector.com.
Speaker 2: No, and I don’t plan to.
Speaker 1: I know you would have taken. I know you would not plan to, but your 100,000 listeners out there every day, do you see how our collection manager, the director of operations is handling this? No big deal. So, I am going to let my client answer this. Is it your intention to pay sir?
Speaker 3: It was our intention when we initially called this morning to pay the bill and work out a payment arrangement.
Speaker 1: Absolutely.
Speaker 3: We were told that was not an option that we could only pay under terms that Ms. Cotton provided. We are unable to do that so we will not be paying the bill. Furthermore, our rights have been violated and you know, we still have not been given our proper note. __________ the fair debt collection practices act.
Speaker 2: And what __________.
Speaker 3: In fact I was told that I did not need to get to know this for you to proceed and initiate an action against.
Speaker 1: That is why the 30-day validation of this is required and they did not receive a 30-day validation.
Speaker 2: It is not required to be received before we contact __________ take any action on the account.
Speaker 1: So you going to contact American Express and go ahead give me your address for a law suit because he asked question that was very clear. Will I be accepting service for you or will you accept service yourself. So a least sophisticated consumer, counsel that means that you are going to sued because...
Speaker 2: I am trying to be clear as far as your position here.
Speaker 1: No, no, no.
Speaker 3: All right, you are asking ___________.
Speaker 2: __________.
Speaker 3: You are asking service of process.
Speaker 1: Yes, service of process.
Speaker 3: Many different options if not in litigation.
Speaker 1: That is correct and that means...
Speaker 2: I am making a determination as far as what is going to happen to the account and I need to know if it goes __________.
Speaker 1: Right, but you just __________.
Speaker 3: Either way process is a legal term.
Speaker 1: That is correct and when you ask about service that is the least sophisticated consumer which is the test. He is a recommendation for legal action with __________.
Speaker 2: You identified yourself as his counsel?
Speaker 1: I did not identify myself as counsel, sir.
Speaker 2: Okay, well you are saying he is your client and you are making it in some sense or try to make me assume that you are his attorney….
Speaker 2: Now, you __________.
Speaker 3: There was never anything communicated that he is my attorney.
Speaker 1: Absolutely, you will listen to the transcripts, you will see the transcripts as they are transcribed and you will read it word for word.
Speaker 2: Okay. I am go ahead and document at this point, are you refusing to pay the bill based on the fact that you feel we violated, you know, Federal laws or violated your rights on __________.
Speaker 3: And the Consent Decree __________.
Speaker 1: And the Consent Decree.
Speaker 2: __________documented that you __________.
Speaker 3: __________ in 1998.
Speaker 2: It will still then be documented that you are refusing to pay the account.
Speaker 1: Okay, do you __________.
Speaker 3: __________ my lips, I am saying that you have not even acted in accord with the rights for the __________ before you can even begin to initiate a law suit against.
Speaker 2: Are you offering any type of payment plan? __________.
Speaker 3: He said it was rejected. If you listen to the case, it says rejected.
Speaker 2: What did you offer? You guys refuse to play back the tape. So I have no clue what we __________.
Speaker 3: My wife initially offered $500 a month. She said, oh that was not acceptable.
Speaker 1: And at that point, we reduced the offer to $200 a month and now we are down to 0.
Speaker2: Okay, good for you, but it is still going to be documented that he has refusing to pay the account because he feels that we violated __________ laws.
Speaker 1: Absolutely, no question you done it historically. That is why in 2003 you paid $1.15 million to consumers around the world.
Speaker 2: Okay, and __________.
Speaker 3: And let me __________ that your are still in business when you violated the Consent Decree, now you were entered into a Consent Decree in 1992, in 1998, and now __________.
Speaker 2: I know all this this information. I don’t know why you are repeating it. I know all this information.
Speaker 3: Yes and you are still violating it.
Speaker 2: How am I violating it?
Speaker 3: You just did. You threatened to sue me or under your __________.
Speaker 1. He is using what you just said sir, as the director of operations you said, will you be accepting service for him.
Speaker 2: Right.
Speaker 1: The least sophisticated consumer test, I sat in your chair before is where Congress goes, it is where the Federal courts goes, you can’t say that.
Speaker 2: Yes I can. I don’t find him as your client. I am more than __________ to figure out what your involvement is the process of the account.
Speaker 1: Okay, well we will see how it is handled and to all the executives at Nationwide who listen to this, I want you to be very clear. If this is pursued in anyway, this will become a national media event, guaranteed.
Speaker 2: Okay.
Speaker 1: Do you have any further final comment, sir?
Speaker 2: Why would I have comments? Your guys are the ones who are supposed to be paying the bill.
Speaker 1: No sir. You are the ones that violated the law and paid $1.15 million.
Speaker 2: There is the fact that your client owes the money.
Speaker 1: Sir, you are the ones that violated the law.
Speaker 2: Does that change the fact that he owes the money?
Speaker 1: Oh, he won’t be paying you a dime.
Speaker 2: Does it change the fact that he owes the money?
Speaker 1: He will not be paying you a dime.
Speaker 2: So you won’t answer that question?
Speaker 1: He will not be paying you a dime.
Speaker 2: So it does not change the fact that he owes the money?
Speaker 3: The debt collection practices act is not __________ on the validity of the debt.
Speaker 2: Where does the FDCPA say that there is a violation and that you no longer owe your bill?
Speaker 3: This is independent. These are rights I have and that my wife has as a consumer.
Speaker 2: I mean, show me somewhere, in some law that the Federal Trade Commission or that the FDCPA has put in place that it there is a violation and it is an alleged violation at this point because I have not heard any type of recording or any type of violation that you no longer owe American Express $9700.
Speaker 3: That is your fundamental misconception. The debt collection practices act accord the consumer right that you have to adhere to and respect prior to enforcing whatever claim you have against the consumer.
Speaker 2: And like I said if there is violation or an alleged violation and that does not discern you from having to pay the debt.
Speaker 1: But the minute you asked the least sophisticated consumer sir, will you be accepting service that implies to that least sophisticated consumer that they are going to
A. Be sued.
B. Going to go to jail.
C. Lose __________.
Speaker 2: Going to jail? __________ jail.
Speaker 1: I am talking least sophisticated consumer. You can go to our website.
Speaker 2: __________ consumer. That is your interpretation of whatever the reason I __________.
Speaker 3: Well, you did talk about garnishment of property.
Speaker 2: I didn’t talk about anything.
Speaker 1: Taking her bank accounts.
Speaker 2: I still haven’t heard about anything about garnishment. I asked you to play back the recording.
Speaker 1: Ashley called and threatened to take their bank account.
Speaker 2: I am sorry?
Speaker 1: Ashley called and threatened to go into their bank accounts.
Speaker 2: Okay, if she has done that I want to hear it.
Speaker 3: This is on the conservation from yesterday. You are the one who we could __________.
Speaker 2: Okay, let me ask you this. This is typically hypothetical, but say for instance Ashley Cotton did completely violate the FDCPA as stated, she is going to garnish her wages. There are awards that are granted for violation of that to you, but I guarantee you they are not in the form of $9700. It has nothing to do with you with raising debt.
Speaker 1: Well what they will be, will be in the sum of about $20 million under a class action law suit.
Speaker 2: $20 million?
Speaker 1: At least $20 million.
Speaker 2: Can you guess what, even if that goes through and that is awarded, sir you are still going to have to pay back your $9700.
Speaker 1: You have no clue.
Speaker 2: You may be $20 million richer, but guess what, at the end of the day you are still going to have to pay American Express their $9700.
Speaker 1: You have no clue how the system works my friend and I am __________.
Speaker 2: No I do. I am clear.
Speaker 3: __________ on the record this is not about me or my wife attempting to evade or pay any debt. This is about my rights being violated.
Speaker 2: Well sure it is. The initial call and initial contact is based on the fact that you are delinquent on a bill that is $9763 and 34 cents.
Speaker 3: Yes, but you __________ conversation with both myself and my wife.
Speaker 2: So I am back, I am asking.
Speaker 3: No, no, you are the ones who have the tapes. It is clear __________ the conversation.
Speaker 2: We don't have the tapes. __________.
Speaker 3: Ashley told me she was recording the last __________.
Speaker 1: That’s correct. They did have.
Speaker 2: That may be recorded.
Speaker 1: You don’t have Audiodex on those calls. You don’t have your Audiodex on those calls.
Speaker 2: That is false because I was monitoring the phone calls.
Speaker 1: Okay, all right. Let the gentleman __________ right now. We are going to have to agree to disagree. I am going to go ahead and ask the Nationwide to clear the phone line. Sir, as matter of fact what I will do, I am going to call you back.
Speaker 2: Okay.
Speaker 1: Not Nationwide. I am going to call my friend back and we will have a concluding discussion. To put in your notes, we want to cease and assist. We don’t want any further contact made to this couple. No letters, no phone calls, no autodials, nothing from either you or your original client. The only thing they are to do is they are to file a suit if that is what they feel they want to play that game. And for the records, today is Friday 09/29/2006 and the time is 11:31 a.m. in Mountain Standard time. Now, as the husband of the debtor, is that your demand also, sir?
Speaker 3: Yes.
Speaker 2: Very well.
Speaker 1: Sir, at this point you are not paying the debts?
Speaker 2: Absolute not. You can ask him that question again?
Speaker 1: Sir, at this point you are not repaying your debt?
Speaker 3: Not on the terms you have demanded.
Speaker 2: Okay.
Speaker 1: Okay, very well that is all we need.
Speaker 3: Okay.
Speaker 1: All right, thank you and I will call you back sir.
The time is 11:32 a.m. This is Robert Paisola with Western Capital.
This is Robert Paisola, the time is 11:34 a.m. now speaking with our client for the concluding statement.
Speaker 1: Sir, is there anything else you wish to say?
Speaker 3: Oh yes my wife received this call from Nationwide Credit and she called me literally in tears because they had threatened to file a lawsuit against her. They threatened to do it unless we paid by 5:00 p.m., to come up with $9000 by 5:00 p.m. and I ask you personally who could in that time period can come up with $9000 and they said that they would, you know, go after our bank account. Obviously, she was distressed as she was you know, as I said in tears. So she called me and I started you know, being the attorney of course and just did my due diligent research and I came across Robert’s website and I saw that someone else had undergone this exactly similar situation and so I read the information on Robert’s website which I found very useful and I actually called backed Nationwide Credit this morning and still they were refusing to deal with me, you know, I had it made clear to them that I was an attorney. I also made it clear to them though that I was not acting in the role of an attorney and I was, you know, just acting you know, on behalf of my wife but as an attorney that I am, you know, apprised of my legal rights and then you know I started asking them for information if I am entitled to under their debt practices collection act, for instance such simple things as an address, a fax number, but they became incredibly defensive saying Oh, you don’t need that information. Again, __________ as you know as these __________ that we had no legal right that we needed to pay up and those are the only options. You know then as I articulated to them would be for things that do require to comply under the 1998 Consent Decree which they entered into then at least she provided me that information, but still again it was the same a modus operandi that I had to pay up immediately or else “some” action would be initiated. I know this is how sorry they became when they realized that perhaps they shouldn’t make use of the word lawsuit, but the implication was clear that unless I came up with $9000 by the new deadline which was 3 p.m. that I would need to that you know they would proceed with further action and in fact, they suggested I contact the American General to try and get a loan and you know, I was a bit protected by that. Why would I want to get another loan to pay off, you know, a current existing debt. So that is when I went back to Robert’s website, I contacted him. I sent him an e-mail with the information and Robert gave me a call, you know, practically within an hour and then we got them on the phone again and much to their exuberance they committed the same errors again and you know I am just stunned that a company like this can violate a Consent Decree not once but twice because they have violated their 1992 Consent Decree obviously and their 1998 Consent Decree and we felt like we were actually powerless, but thanks to Robert, he was able to put us back as we started cooperating with him on __________, you know, the fact that my wife, you know, had no legal expertise and certainly you know you cannot help but imply the fact that you know they probably view that we were coming from a foreign country, us not being as savvy about legal rights that someone that is born in America would be. You know they played upon her and you know I just find it appalling and I thank Robert wholeheartedly for bringing us our confidence back, showing us what our rights are and being able to at least pick on this company on the needful footing. Thank you Robert.
Speaker 1: And thank you my friend and I think that sum it up.
For Western Capital, this is Robert Paisola. The time is 11:39 a.m.
End of call.
