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About Hoefsmed

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  1. Actually Centurion was owned by W & A at the time of the dismissal ,so was Palisades and quite a few others as well W & A(in the DV case ) seem to just be holding things up by not communicating.
  2. FDCPA and FCRA violations? Oh Baby don't stop October of '05 I was served by Atty's Farrel and Seldin regarding an old providian account I had the plaintiff was centurion capital corp, Great seneca etc. I had a previous gripe with Providian over fraudulent late fees so I hired an atty and filed my counterclaims etc.(I had saved my proof) after a few monthe the plaintiffs Atty offered a settlement but we insisted we wanted a trial date, the plaintiff's atty then insisted on a dismisal with prejudice that he filed with the court. Farrel and Seldin had also been advised before filing my case to Cease and Desist( by the AG's office) as their Client had no license to collect in Colorado. that was may of last year '06 In may of this year I received a dunning letter from W&A (Denver Office) for another Providian account, I had the same gripe so I sent a letter demanding verification etc. The SOL is up on both accounts(6 yrs) I sent the letter CMRRR and it was signed for inside thirty days of the original dunning letters date. W&A has not responded to this letter. I provided them with my Atty's name and address for a response. on 7/20 I recieved notice of two collection accounts being reported to Trans Union by Palisades Collections. One of the acounts was the claim dismissed by the court over a year ago. I'm pretty certain this is actionable, they're trying to collect on an account whose disposition has been determined by the court,( at their own Companies request) and since their own companies atty filed the motion to dismiss I don't think they can claim ignorance, Centurion after they lost just rubber stamped the account over to Palisades. In short I''m thinking about serving as defendants: Centurion and their atty's(Farrel & Seldin) Palisades W&A I also believe that by reporting a debt I DV'd timely W & A could be served in a separate case. Isn't Reporting cosidered Collection activity? Providian(the original creditor ) has deleted both acounts from my credit report. I called Palisades this AM and they said they'd look into the court dismissed debt but they couldn't talk about the other because their atty was handling that , However I have proof that their atty has my atty's contact info and they haven't attempted to contact us and they haven't fwded the DV info to Palisades, W& A can't just sit on this indefinitely can they? I'm thinking of filing here locally for $10000 just to wake them up what does everyone here think?
  3. here's the link to the colorado ag's office for debt collectors it's best to manually search the list because their search engine is kinda screwed if you find they're not on the list PM me and I'll get you the numbers to contact in the debt collection enforcement section http://www.ago.state.co.us/cadc/cadcmain.cfm you may have to cut and paste this, BTW in colorado it is unlawful to file suit if you aren't licensed as a debt collector and the SOL on most debts is 6 years from DOLA
  4. so here goes so I'm at my favorite used computer store yesterday to buy this laptop and I write check and a few minutes later the clerk and friend hands me a certegy card and says my check is declined for negative information(code 1) so I call certegy and find out that calvary portfolio is reporting a check I wrote to gateway about 6 years ago i talked to the rep(certegy) and he's mailing me the particulars. go back to may first last year (2006) same thing had happened at an office max I contacted certegy and then calvary, calvary agreed that since I had stopped payment on the check, they would close the account with no balance due and delete their TL's within 30 days. I Have their letters both hard copy and fax. So as far as I can see their are at least two violations here, one for failing to delete after telling me they would do so(in writing) and another for sharing collection info with at least one third party (certegy) and maybe two( the computer store as well, without my consent. what do you guys think? right now I'm thinking of hiring an atty in new york to pursue this in the courts there. they've definitely damaged my relationship with the store note: Gateway had charged me $50 for an estimate on fixing an in warranty computer without breaking the seal on the case(I put the seal there) they gave me a repair estimate of $700 for new motherboard, it actually needed a power supply
  5. Yes the SOL is a defense and you must answer the complaint and show up in court, but you should also make a motion for a with prejudice dismissal, based on the debt being time barred. If you just let the case fall off the docket(this happens when the JDB knows you will fight and doesn't proceed) then another JDB can come after you later. lots of cases are dismissed in colorado when the Debtor fights back and the JDB just stops pursuing the case. MOral of the story is they start it, you finish it, for good. this type of judgement (in your favor) will prevent further JDB's from sueing you and result in an imediate dismissal since the case has been dismissed with prejudice, there is no more handing it off to another JDB forever and ever, I'm not sure if it's true but you may be able to use this judgment to remove items from a credit report, maybe, it's not even be legal for the JDB to sell the debt after he has lost the case. I had two providian debts one ended(the larger one) up at the court house after the JDB ATTY found out I would fight back he motioned for a with prejudice dismissal (both debts were not yet SOL) I had filed a counter claim. I've used the judgement to run off two other JDB's (the smaller debt) based on the fact that I will file the same counter claims against the same company if they try and sue. I've recieved two letters of intent to drop the collections, SOL is up in a couple month's I personally if I lived in a state with a definite SOL (Like colorado) wiould file a counter claim to keep the case from just getting passed on
  6. UCC article 9 gives the creditor a maximum of four years to collect balances if you were advised of your rights and if your were given a timely and complete accounting of the sale, and if the repossession was legal. two years if any of the above conditions were not adhered to. If you surrendered a car worth 12K ,and they sold it for 6K ,and just sent you a form letter demanding 6K, they only had two years to collect. Send portfolio a letter stating that they may be in violation of the UCC as well as the FDCPA, they received your collection with thousands of others. they'll drop yours for easier pickens, demand that their tradeline be removed the original creditor will still report this for the seven yrs from DOLA Good luck
  7. I read somewhere on this board that Repos fall under the UCC and there are specific limits for the time the creditor or their assignee can go after you for the difference that you may owe after a repo There are two different time frames one is if they proide you with certain info in a timeley manner after they sell the car, I can't be sure but I thought 4 yrs was the maximum. many sates have an SOL that is 6 yrs or less check your states SOL good luck
  8. First off them threatening to file a complaint sounds like overshadowing? especially if this was the CA first contact, help me out here people second you do need an atty if the complaint gets filed and the summons actually served if they are offering a settlement now then they certainly aren't assured of a judgement or they'd sit tight and wait. send the DV right away since they sent you a dunning letter (that's what it sounds like) threatening to sue then a DV is still valid since they haven't yet filed the complaint. send it CMRRR! If they go ahead and file, in your answer to the complaint ask first for a motion to dismiss based on the plaintiff being in violation of the FDCPA, then motion for continuance based on that, you may also file a Counter claim based on their violation(s) of the FDCPA. it goes on and on. actually the counter claim should probably be first, you will need a lawyer for this, but you need to do as much research as possible yourself as soon as you've hired an atty things will change the Plaintiff won't move then eventually your atty may get a call to settle (that's up to you) with a fairly strong counter claim if you insist on trial rather than risk losing hopefully you'll end up as I did, case dismissed with prejudice. remember a personal injury lawyer isn't what you want you need a consumer debt atty. Good luck Btw the counter claim based on their violations can be used against any subsequent CA that brings this up if the CA just simply disappears and sells the debt. but if you get the dismissal with prejudice then the debt goes away for good
  9. I was sued last year by Centurion (as assignee for providian) I originally had a dispute that was never resolved with providian (thay were fraudulently charging me late fees) I of course counter sued, and was ready with evidence in hand, when the plaintiffs atty called up and offered settlement, my atty insisted on a trial and a few minutes later the atty called back and agreed to settle with prejudice. Now that all that is done my question is can I have the tradeline removed since as far as the courts are concerned I don't owe the money any more. Or would I be better off to wait another couple years and let it fall off, providain is mentioned as a plaintiff (OC ) in the original suit. thanks
  10. Don't wait for thing if they are not licensed Your state's attorney General probably has an office devoted to the regulation of non licensed debt collectors Colorado Does Call them at once with the CA's name and address When you answer to their response to your DV (after you've checked with your AG's office) Tell them you have been made aware thet they may not be legally collecting in your state This worked for me in two recent cases (one I had been served) the case was dismissed because the CA was not licensed and had been ordered by the AG's office to discontinue all collections (something the CA was ignoring) The other was a CA with no Colorado license they closed their files and stopped reporting the debt (in a timely manner!) I probably wouldn't sue unless they continue without licensing just because of the time involved Good luck
  11. You need a lawyer In the state where you currently reside only a lawyer can answer all your questions adequately a lawyer should certainly be able to help you with the motions and service issues as well as researching the credit laws relative to the state where you live, you need to be affirmative and agressive in your actions, the CA was able to sneak up on you becvause you weren't paying close enough attention and they've very nearly got a judgement on you (legal or not) because you weren't on this issue. Most CA's win 99% of their judgement's because the debtor is running scared or is just unwilling to hire a lawyer believing they can afford the judgement more than the lawyer. quit expecting a simple quick and easy do it yourself answer here and call an attorney. and good luck
  12. "No, they are not and you should not make such a broad statement. SOL's vary quite a bit. In OH, where the OP is, the SOL is FIFTEEN YEARS for written contracts (and for credit cards since OH judges don't buy the shorter SOL)." So are you saying Ohio is the exception or the rule Here? I also just read the OP's original post, nowhere did he post that he was in Ohio. How do you know the OP is in Ohio? Yes I did notice the location but that means nothing as I've noticed many locations that don't match the statement in the posting. Until the person posting says where he is I don't pay attention to it After My research, limited thought it may be, 6-8 yrs was about maximum I found, with Ohio being the way out there absolute exception. I also found lots of erroneous info about SOL including on this site (listing Colorado Credit cards as being only three years, for instance) When I was researching SOL for myself I didn't take this boards info as the truth, I hired a lawyer and did some research and found out the info I had found here was incorrect. good thing I found that out before I tried to use SOL as a defense(based on what I found on this board) I'd have lost for sure. the fact of this particular case is that the OP definitely needs to get his info together, (a broad statement as well) and I believe that was the important suggestion I made, my broad statement even though it may not apply directly to this OP(if he is in Ohio) is still reasonable and I believe to be accurate, attacking my statement wasn't really necessary, after all I also suggested the OP should consider getting an attorney. Perhaps that is too broad a statement as well. Good luck
  13. This Reallllly stinks of a scam. IF the Dealer never sent you a claim that the car was turned in with extra miles and with damage etc. then a CA pops up 6 years later somethings fishy. First off I'd send a DV right now then get a hold of the dealer this could be something as simple as someone keying in the wrong account number. be professional and courteous to the dealer and deal only with the Lease manager to start. no one else, keep copies of everything you receive from either party, see if you can find your old lease agreement and especially any final bill you may have received from the lease company that showed the final amount owed if you can prove you paid that you should be home free, you can also send the CA packing if the account is out of SOL. be sure to request copies of everything in writing as that should build a paper trail in your favor. Most states SOL seems to 6 years but some states are less acouple are more If you get nowhere don't be too surprised these people don't readily admit to their mistakes this is a larger amount of money so you amy want to get a lawyer, you definitely want one if you get served Good luck
  14. Fabulous advice Robert! I was actually served by a non licensed CA's Atty here in Colorado When I found out that not only was the CA not licensed but the CA and their ATTy's had been ordered to C&D by the AG's office the situation turned to my favor here very quickly. In Colorado it is unlawful for an unlicensed CA to Bring suit against a debtor. The case has been dismissed with prejudice but the atty's are still in liability for bringing an unlawful suit definitely make any CA prove they have the legal rght to collect in your state, many are operating without the proper licenses. Why? it's expensive, and many people won't do their homework to uncover the truth it should be a part of your DV letter for sure
  15. I'm with both Robert and Methuss on this Point it's not that Ca's aren't people but they can seem that way because they have learned that they usually get alot more money acting as agressive scavengers. However if you push them back into their proper place, perspective can be regained and progress made, but you have to assert yourself as in control. What most debtors seem to not be aware of is that they not the scavengers are in control Over the last couple of years I've made a good deal of headway not treating these people as scum, but rather as people I've set the ground rules with from the start, its really funny how respectful these people become once they know you know the rules Have a good weekend everyone