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Everything posted by antiquedave

  1. I think its important to see this as a marathon and not a race, there are rules that must be followed and no matter how much you want it to go away it will run at its own pace, read, read and read some more, get familiar with the rules, read all the threads you can find, and relax, its a game, of cat mouse and bullshit. I've fought two suits and basically responded and countered everything and buried them in paper, they had over 100 statements, but in the end they just wanted to pick the low hanging fruit and not work for anything. Sometimes you don't have to be right, just enough of a pain that they want you to go away. If you think you have a counterclaim don't forget to include it
  2. I see our role as facilitators, we provide an environment that allows people to feel safe in asking questions, we share our experiences, but we can't take responsibility for what newbies do or don't do, they have to do the work and understand what it is they are doing, but unfortunately those people are the exception rather than the rule. For many it would be better if they filed bankruptcy, or found an attorney as opposed to losing badly and making a bad precedent for the rest of us to deal with. If posters are losing their cases in Michigan it is not because you have not put a LOT of good information out there to help them, it is because they are not putting in the time.
  3. if you are not making them mad you are doing something wrong
  4. that doesn't mean there isn't a violation in the letter itself though, they can send you more than one letter during the 30 days you have to respond the question would be does the second letter in any way overshadow your rights, each letter alone may not have a violation sometimes it is the way they all play together and or contradict each other causing confusion
  5. BMC you have expectations, that gets people in trouble every time, very few will put in the time and energy that you put into fighting your case and you can't make them put the time in. It would be a great loss if you dropped out entirely, you might want to just try putting a limit on how much you will invest in posters going forward. my rule of thumb when working in the addictions field was that I didn't put more effort into it than the clients, the second you go over that line is where the real frustration starts
  6. IF your debt was in default at the time they purchased it that may cause a problem for them but the other thing is that even if it was not in default you can still chase them on the chain of ownership, how can a cap one affiant testify to what happened at HSBC
  7. In the first round even with precise requests don't hold out much hope that you will get anything excpet those things they believe will support their case against you When you send in your discovery, start working on the assumption that they will refuse you on 90% of it and put your reminders, motions, follow ups together and your timeline for meet and confer etc. Better to have it ready then to be scrambling after they blow you off, and they will blow you off, if they get your responses within a couple days after they send you their packet I think it helps let them know that you are on top of it and they are not shaking you up the least little bit Catherine Gallo has some good information on her blog,, check out the other links and archives I know these links are not to your state specifically but there is still good information there http://www.resolvingdiscoverydisputes.com/45-day-rule/what-should-your-discovery-motions-look-like/ Some other Discovery Links http://blog.ceb.com/2012/03/16/shoot-back-with-10-discovery-objections/ http://www.nfsesq.com/resources/legal-guide-motion-to-compel-discovery-in-sacramento-california/ http://www.google.com/postini/pdf/concise_guide_ediscovery_wp.pdf http://www.docstoc.com/docs/73035626/Opposition-to-Motion-to-Compel-Discovery-Sample http://www.milesstockbridge.com/pdfuploads/972_ToMoveOrNotToMove_CompelVs.ProtectiveOrder.pdf http://www.scribd.com/doc/14190874/Defendants-Motion-to-Compel-Discovery http://www.scribd.com/doc/14190874/Defendants-Motion-to-Compel-Discovery
  8. Generally I really am not a fan of a refuse to pay unless you are dealing with a SOL or Coltfan. If you don't have a phone they are not going to call you, and its not going to hurt to let them send the letters or risk 3rd party disclosure by callling others trying to find a phone number for you Check if you have a state law that addresses debt collection, Michigan inlcudes creditors in theirs and I wish I would have been aware of it before charge off and documented the violations get familiar with the FDCPA and your state laws, one or another of them may still sue you down the road. In all seriousness if you do your homework and can hold the debt collectors feet to the fire you may collect enough and and be able to settle out the debt as you go with their money, 14k isn't that much debt,
  9. Why would you tell them that you requested that they not call? Why give them a heads up when you have a DV and C&D on calls to your cell? Why not just rack up the violations? It is not your responsibility to remind or teach them that is what a summons is for.
  10. Well, the amount is important, I have read cases where an FDCPA suit was filed because the amount claimed to be due was incorrect by even a very small amount, takes a little work to try and figure out how they caluclated the amount and what the correct amount should be, your contract with the school and your state law would be your guide. your school contract may open other options up for you too. they make the dislcaimer that no attorney has reviewed your account, which helps them, their statement "Unless you pay this account, you can appreciate that we may have to take further action. Therefore, we need to hear from you. When you call, please refer to our file No. XXXXXXX." Whether or not that is considered a threat to sue might depend on other rulings in your circuit, and they are not giving a deadline or making explicit threats. Did these lawyers sign the letter personally? or is it unsigned? I would think that if two lawyers signed a letter it would be confusing. Just the disclaimer alone does not give an attorney a safe harbor to say or do anything else in the letter, a lot of the attorney collector letters I have seen if signed were by clerical or unsigned from the collection department. In any event I would send a validation letter, and go with short and sweet, I dispute the debt and request validation pursuant to the FDCPA
  11. If it were me I would be looking very closely at the other letters you received from the previous collectors in the last year. So far I have settled 3 suits with 3 different collectors on the same debt, and twice have doubled on others, these guys love to violate If your credit report is listing the OC with the debt than it is the OC that was suing you, If the OC is reprting that the debt was sold or transferred than you have an issue with the debt collector misrepresenting the status of the debt, you have to sue in your own name. you are saying that the OC hired a debt collector which hired an attorney which is okay as long as he debt collector had authorization to file suit. you could have had 10 collectors in succession trying to collect on the same debt and its legal, they are not really an issue, Who owns the debt is an issue and something you need to find out for certain before you go any further.
  12. Check your credit report and see if the debt is listed and what the status is, there should be some indication if it has been sold or not you really need to know who owns this debt, it makes a difference, is the school still the owner and the attorney suing for them or is the attorney suing for a JDB, or trying to hide that they bought the debt. I always google the collectors who come after me and also search on google docs to see what other suits have been filed against them for FDCPA violations Post the language of the letter if you have time
  13. At this point if you have violations it would depend on if you are going to sue them as a pro se or if you are going to find a consumer attorney to do it for you. I've not done any suits for FDCPA as a pro se, I have always had an attorney file and take care of the lawsuit. It strikes me that your FDCPA claim and appeal are two separate issues Not sure they could or should be together I think they take a Federal suit filed by a consumer attorney more seriously, if you did that you could concentrate on the appeal you didn't say if it was a JDB or a Collection Attorney for an OC
  14. Don't erase the message, record it into a digital file take a digital picture of the phone display showing the number, date and time start a call log to record the number date and time send all of the above to a consumer attorney in your state Did they identify who they were and state they were a debt collector attmepting to collect a debt?
  15. I think I read about 100 summaries this morning on deceptive practices and threats to sue, didn't find a single one that had all of the elements of the OP's letter, peices and parts of it here and there but not all of the elements, there is a lot to consider in that letter and while no one element may make the case the letter as a whole may very well do that. Again though having all of the letters would make it easier.
  16. BV will most likely find some other case law to post, it is very important to save all of these letters, it makes it harder I think when you don't have copies of everything they send you, also its important to send a DV within the first 30 days after receipt of the first letter. The attorney I work with gets copies of everything I receive the day I receive it, if you don't find an attorney right away keep trying
  17. The letter makes it sound that suit is imminent, they give you a deadline and then when that didn't work they gave you another one, I think that next letter with the same threat is an issue because they did not sue you or apparently refer the debt to a collection attorney after the first deadline, Pipiles v Credit Bureau 2nd circuit, or Riviera v MAB Collections, Baker V Citibank is a South Dakota case might provide some help. other issues would be whether or not making the referral to an attorney was or was not within the contractual authority of the CA or that the suit was not actually intended at the time the threat was made, which I think you can make that claim because of the multiple threatening letters. In any event the discovery of contractual authority and determining whether or not suit was intended are really issues for Discovery in the suit I agree 1692e(10) and 1692e(5) you need to show that the least sophisticated debtor would believe a suit was imminent and that the debt collector did not intend to take legal action. Your letter stated 6 things and taken as a whole look like trouble for the collector, these cases may shed some light one way or the other Your account has been placed with our legal department. (They MUST have a legal department or violate) This will be our final attempt to collect this debt. (it was not the final attempt) If need be, your account will be assigned to an attorney who is licensed to practice law in your state." (United States v Central Adjustment Bureau) By itself this statement may not be a violation but in context in the whole letter more likely) Maybe Thomas v National Business Assistants. possibly Ferguson v Credit Management Control, Over the next 30 days, our investigation into your personal assets will be completed. (Swanson v Oregon Credit Services or maybe Davis v Commercial Check Control) This is a veiled threat to sieze your assetts. These findings, along with a prepared affidavit ready for signature, will be forwarded to expedite authorization of your account to an attorney of our choice. (Threat of imminent suit, but they state her that they do not have authorization to sue) Clark v Retrieval Masters A determination to file suit will be made on 10/9/2012." (This is called a species deadline that they did not apparently follow, is the collection agency is implying that they will make the decision to sue on 10-9-12) Jeter v Credit Bureau or maybe Nielsen v Dickerson
  18. Thought this was interesting http://www.nclc.org/images/pdf/debt_collection/credit-practices-rule-update.pdf
  19. You really need to locate that second letter Overshadowing is a violation, but if all 3 letters are final notices it implies there were earlier letters, were there?) As far as collecting from a suit goes if you put together a case today well, maybe by valentines day
  20. When did you get the very first letter from them with the 30 validation notice? Did the date of 10-9-12 fall within the first 30 days? Does the collection agency actually have a legal department? I would think you would want to talk to a consumer attorney in your state, this collector seems ripe
  21. I still send a DV even after we file the lawsuit based on an initial dunning letter, they get it a couple days after the summons. the settlement release only covers violations up to the day we settle, still hoping for the day we get to file twice on the same collector on the same debt. Don't see it as a waste of time at all,
  22. I've used the all calls are inconvienent in DV letters (but no longer) and I am of the opinion that the response is going to vary by collector, I can see where some will consider it a C&D, others might cease calls and send a response by mail but really why C&D the phone calls to begin with? Unless you are setting up a TCPA violation and revoke authorization to call your cell phone. In looking at the statute again I think maybe a person might want to include a statement that all calls to their place of employment are prohibited. Maybe if you want to restrict calls set it up for a short window, Calls between 5 and 9 PM are convienent all other times are inconveinet due to (pick one) Sending a validation letter has little to do with validating the debt and more about allowing the collector more rope to hang themselves. And yes I think I have 3 apology letters now from collectors, and 8 that came in the form of a check ALWAYS ALWAYS SEND A DV Hey where is the spellcheck?
  23. Yes there are variations depending on the creditor,and the laws and regulations they operate under, I was thinking about credit cards when I wrote that, charge off is important in order to keep banks and businesses from including non performing assets in their net worth, but I have had accounts with smaller businesses go into collection at 60 days and upwards, my credit cards all charged off at 180 days The FDIC has some information here http://www.fdic.gov/regulations/laws/rules/5000-1000.html I did have a couple debts that went to outside collection agencies before the 180 days where the debts were charged off, I guess I am saying that generally after you default on a debt you have about 6 months to bone up on the law and figure out what you are going to do next. I did not invest myself into learning what to do until a week after the summons came, My point is don't wait for the summons, wrap your head around what you can do earlier when you are no under the gun with 21 days to file a response to a summons
  24. I don't disagree that a business would rather have 100% of what is owed as of todays date rather than wait, we are however talking about delinquent debt and trying to collect delinquent debt from people that either don't have the ability to pay or are simply refusing to pay. Sending the debt to a collection agency at 180 days means that the OC is probably at best going to see 50% of the total due and at 180 days the total value of the debt is going to be closer to the original amount owed so maybe if they collect it all they realize 60% max. You can sue immediately and in most cases get a judgment and judgments have more bang to them and more value I imagine than an ordinary delinquent debt. OR you can put a debt on the backburner, not sell it, let it increase in value due to interest ofr 3 to 5 years and then sue and get the judgment which is going to be inflated in vallue by what 200 or 300% Whats the point of waiting for years to sue otherwise? It's something that I wonder about, and I did follow up with my belief that " Generally though they don't validate because it is easier to pass you along to the next collector than to deal with a debtor that could prove to be troublesome. I'm also not saying that the CA doesn't have the right to not respond, what you say about that is entirely true. We do however have a lot of people who ask that question, What if the Debt Collector refuses to validate? So I put up some cases in the thread to talk about why refusing to validate is not a violation of the FDCPA
  25. On post #4 there is a link to pricacyrights.org that has information on State Laws I don't ask them to validate per Michigan law because it is their responsibility to know already, a couple of the local little agencies provide last payment and amount in responding to my DV's but the bigger CA's never have.
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