458-Italia

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About 458-Italia

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  1. I've been going over this case and so far I have filed my answers along with a request for Discoveries, Interrogatories and Admissions from them, which they have replied. They didn't ask me for any such requests yet and it has been almost a month. I would have thought that they would sent that when they sent me their responses. Anyway my discussion would be about the fact that S&H are not licensed and have to be to conduct business in my state. I filed a formal complaint with the State Department of Finance and am currently waiting for there conclusions. I want to file a motion to dismiss w/ prejudice as soon as I get that letter and/or when I hear from the court on a hearing date. I also filed my response to the complain demanding a jury trial just to mess with them. What do you think all the violations could be considered beyond the filing without a license? Like filing false or deceptive documents, out of venue, lack of standing, false representation, anything you can offer up advice would be greatly appreciated. Thank you

  2. Send a letter to the reporting agencies with the correct reporting entry. They will send an investigation letter to the creditor that reported it asking for an explanation.
  3. They are in-house and they are listed on S&H's website as their attorneys.
  4. BV80: I told them that they were a debt collector, and that they have employees that are attorneys for our state. The finance inspector said that because the attorneys work for S&H and S&H are not licensed to do business in the state, that is the violation regardless of the attorneys. Iheart: Yes i'm trying to not get my hopes up as this whole thing is such a roller coaster ride, but this could be a glimmer of hope to turn this around and go after them for a bunch of violations.
  5. Interesting note, I called the department of finance and asked the question, does the company have to be licensed to do business in our state regardless of attorneys that work for the company being state attorneys? Their reply was, the company would need to be licensed if the company is doing business in the state. If the plaintiff had called an attorney and hired him it would fall under the attorney not needing the license but because he works for a debt collection company the company has to be licensed. They suggested I file a complaint and they would do an investigation.
  6. kraftykrab Two suits both are Citibank accounts. I'll fill out the questionnaire later when I get back. I was served summons and complaint with nothing else. Already answered the complaint and a motion for a jury trial and prayer for dismissal. Sent them 1st set of discoveries listing interrogatories, admissions and production of documents. Thanks
  7. I'll call the department of finance and ask. Thanks for the tips everyone.
  8. I know that the FDCPA does not define the state licensing requirements, as I stated the requirements are on the state department of finance website. I will check and see if attorneys have to be licensed to be debt collectors. I was hopeful that because S&H is the out of state debt collector that they would have to be licensed regardless of the attorneys.
  9. So the way I see this, it is irrelevant if Citbank responded correctly or not. The real issue here is S&H are in direct violation of the state law for doing business as a debt collector without being licensed. Even if they are using state attorneys, they are debt collectors and in violation. I see several charges that can be filed against them in regards to them willfully and knowingly filing false claims, false representation, out of jurisdiction, deceptive forms and the state department of finance rules and regulations of operating within the state without a license. The argument that they are state attorneys I think would be null and void since they claim they are debt collectors in the summons and complaints that they filed. Comments are welcomed.
  10. I filed my error dispute within the allotted time frame. Citbank never properly responded to the dispute, they just started sending the account to 3rd party debt collectors. At every contact by a debt collector they were sent a C&D letter. The account was sent back to Citibank and they would send it to a different debt collector. 3 or 4 until S&H filed suit. So accordingly Citibank never performed the required investigation. Sample letter of billing dispute... Regular Mail & Certified Mail#: XXXX-XXXX-XXXX-XXXX [bank Name] [bank address] [City, State, Zip] [DATE] RE: Billing Error on Account # XXXX-XXXX-XXXX-XXXX Amount in Dispute: $[AMOUNT OF LAST STATEMENT, PLEASE ENSURE ALL CHARGES HAVE POSTED TO THE CARD AND ANY AUTOMATIC BILLINGS HAVE BEEN CANCELED] Dear [Credit Card Company]: I am writing regarding the above account. I believe that my most recent statement, [DATE OF LAST STATEMENT YOU RECEIVED, AND IT MUST BE WITHIN 30 DAYS OF RECIEVING IT, OTHERWISE CALL THE BANK AND ASK FOR A COPY OF THE LAST STATEMENT] is inaccurate. I am disputing the above amount because I believe that you failed to credit my account for prepayments you agreed to credit on the statement dated [DATE OF LAST STATEMENT YOU RECEIVED]. It was my understanding that when I entered into the agreement with you that you would accept my signed note(s) or other similar instrument(s) as money, credit or payment for previous account transactions, and then reflect those credits in the statement dated [DATE OF LAST STATEMENT YOU RECEIVED]. They do not appear in the statement and I am wondering why. The amount of the credits on the prepayments of money or credit accepted by you should be the approximate amount that I list above. I am making this billing inquiry since I am uncertain of all the dates of the prepaid credits and also since there may be additional credits that I am entitled to. Please provide me with a written explanation why these credits are not showing. I am requesting that you provide me with an acknowledgement of this billing error and complete a full investigation by sending me a written explanation report related to the subject matter of this billing error. I am also requesting additional documentary evidence of indebtedness of the account showing that you did not accept any note or similar instrument from me without properly crediting my account as agreed, which includes copies of the account entries that made you arrive at the recent balance shown on my statement. I may exercise my right to withhold the disputed amount until you comply. Thank you for your time and consideration in this matter. If you have any questions please contact me immediately at the address below, but make sure your questions reference an acknowledgement to this billing error dispute. Lastly, please remove my phone number(s) [iNSERT HOME AND OR WORK NUMBERS HERE] from your solicitation list as I do not wish to do any business with [Credit Card Company] over the phone. I am requesting that all communications be conducted in writing, and I appreciate your honoring my request. Sincerely, [Your Name] [Your address] [City, State, Zip] Now according to the Summons and Complaint it clearly states S&H are debt collectors. "This communication is from a debt Collector." My state law under state department of finance is clear on rules... Collection Agency SectionUnder the [state] Collection Agency Act, the following activities cannot be conducted in [state] without obtaining a collection agency permit: Operating as a collection agency, debt counselor, credit counselor, credit repair business or debt buyer,Engaging, either directly or indirectly, in the business of collecting or receiving payment for others of any account or bill,Soliciting or advertising for the right to collect or receive payment for another of any account or bill,
  11. OK some clarification. First the C&D was directed at S&H not Citibank which is whom the dispute letter was sent. CitiBank are the ones that have not responded. S&H filed the suit anyway so they did not cease action. I went to my state finance website and checked the registry, they are not listed on the licensed registry under either Suttell & Hammer or Suttell & Assoc. They do have attorneys licensed in my state as attorneys, but if they are deemed "debt collectors" then that wouldn't matter and they are in violation as I see it.
  12. Additionally I have discovered that Suttell & Hammer are not licensed in my state to collect debt and the complaint repeatedly states that this is an attempt to collect a debt. They are debt collectors. Grounds for dismissal since they are breaking the state law?
  13. Thank you all for your replies. Another bit of information is that I had sent a billing error dispute letter which the creditor failed to answer properly. When the attorney sent notice they also sent an affidavit with some Citibank signature and notarized. We sent a response that the account was disputed and we were still waiting for the investigation by Citibank on the previous billing error dispute. Also included in that letter was a notice to cease communication pursuant to 15 USC sec. 1692c©. After our response they waited past 30 days and filed the complaint. We have never received any letter from Citibank as to the final outcome of the requested investigation. I'm filing my answers along with requests for discovery today. Guess we'll see what transpires. I'm thinking that first they jumped the gun since Citibank never provided us with the requested written response, Citibank is the plaintiff but the account is Sears Card so shouldn't that make Citibank not the original creditor or because they service Sears accounts they can claim OC? Looking for some legal way to shut this down on a technicality due to Citibank proceeding with a suit during a dispute. What is the time frame for a dispute if they never send a letter stating that they have done the investigation? As far as I am concerned they are in default of the FTC for not doing the investigation and responding back in writing as was requested.
  14. We are being sued by Suttell & Hammer on behalf of Citbank\Sears. Does anybody know first if they will travel out of state to pursue a case? Over 500 miles away. They filed the suit but not with a local attorney. One of their cronies with a membership in another state has her name on it. Next question is, they represent Citibank as the plaintiff, but I have been reading the web, that they are notorious for falsifying documents when they are really the owner of the debt. Wouldn't that would make it fraud? FDCPA 812. How can you verify that Citibank is still the account holder and not S&H?
  15. 15 USC sec 1692j Furnishing Certain Deceptive forms. (a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. - See more at: http://codes.lp.findlaw.com/uscode/15/41/V/1692j#sthash.7oBUpxtg.dpuf Also FDCPA sec 812