Consumer complaint received 2020-10-19
Company: Bayside Capital Services, LLC
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to arrest you or take you to jail if you do not pay

Complaint:
On XX/XX/XXXX @ XXXX. A woman left a message on my wife 's phone stating she was with BCS, they had certified documents they needed to get delivered. It was an urgent matter, and she needed to call with updated address right away. 

A couple of things : 1 ) My wife still gets mail under the name of XXXX XXXX. She's has been married to me since XXXX and her name was changed in divorce court to her maiden name in XXXX. The USPS knows where she lives so the statement of trying two times before is an absolute lie. 

2 ) XXXX is appalled by the name XXXX and not used it since the divorce. Her divorce stipulated that her ex-husband is responsible for certain debts since he used her name without her permission. The car he kept and assumed responsibility. I worked with her in XXXX on the debts that were agreed to be hers and I paid those off in XXXX. 

3 ) Her phone number is through my service and no way related to her past marriage. They used their software to locate her new UNLISTED number to call her. Obviously they have her new location information. 

4 ) In Texas, the statute of limitations on debt is 4 years. The last payments on XXXX 's debts we assume were in XXXX so the time frame is 14 years later. We will claim the statute of Limitations if they are stupid enough to take us to court. 

So on XX/XX/XXXX at approximately XXXX, XXXX  I called back on XXXX 's phone on her behalf and request to the information. I provided the reference number and confirmed it was for XXXX. They asked who I was, I told them XXXX and I'm her husband. I will be representing her on this matter. This person started talking over me, demanding " I don't know who the XXXX you are. '' This could have been simple. I called to get the information and the gentlemen was immediately combative. If he bothered to listen to what I was saying he would've heard my name, that I was her husband. I had him on speakerphone so XXXX could not only hear but give her permission for me to speak on her behalf. Instead, he chose to be combative, so I said an expletive and hung up. 

Thinking I should have kept my cool and get the information, I called back approximately 5 minutes later. I would provide them with XXXX XXXX XXXX 's contact information, the terms of divorce stipulated by the judge that he was responsible for the debt and that the statute of limitations expired on this debt for XXXX in XXXX. Last but not least to not call her any longer. I was hoping I got someone different as you can tell they are in the room together. You can hear them on other calls stating peoples personal information. That should be an issue for authorities I would think. 

The lady who answered said hold on and transferred me. The gentlemen who answered identified himself as XXXX XXXX in the litigation department. So just barely walking up to the line of claiming he is a lawyer by saying he is with the litigation department. I provided the reference number, told him I'm speaking for XXXX, and that I was taking notes. I spoke aloud as I wrote down his name and other information. He said something I really didn't catch and I told him to hold on as I was still writing notes. He immediately raised his voice and spoke over me, forceably that " I asked you a question and you will answer it now ''. I believe I said again that I was still writing notes, but he just went into a condescending tirade, so I told him to XXXX off. He then started threatening me with the police for harassment, I spoke again that I was trying to write notes, but then he kept talking over me that he was going to have me arrested. The call between us degenerated to chaos, so I hung up. 

So it was obvious to me by now that they were not going to be cooperative, and they are violating debt collection laws. In Texas you have to provide notice of a lawsuit. So I called back approximately XXXX XXXX. I learned from my years of working at the local county government that judges love notice by phone and by certified letter. This time I was answered by Dept of litigation, that this call is being recorded. I stated that yes it is being recorded. I am giving notice that I am filing a complaint with the FTC and suing under the violations of the FDCPA. Reference # XXXX. Thank you very much and I hung up. Unfortunately I did not know that complaints now go to CFPB. 

So now they have notification the intent to sue from the phone call, this complaint and the certified letter they will be receiving. I will be writing the certified letter after submitting this. Signature required. Then I will allow an attorney to handle this because these people aren't worth my time.

Company response to consumer: Closed with explanation