Suing JBC & Associates (LONG)

[Guest]

OK guys I am suing those bastages for sending me a demand for 5X the original amount of the check.

Here is my letter ..

PLEASE GIVE ME FEEDBACK ON THIS ONE!!!!!!

September 20, 2003

ME

WHERE I LIVE

JBC & Associates PC

2 Broadstreet 6th Floor, Bloomfield. NJ 07003-2005

Dear Collector,

I am writing in response to your letter dated Sept 13, 2003, copy enclosed.

On August 10, 2003 I sent you a letter explaining that I do not believe I owe what you say I owe, and in accordance with The Fair Debt Collection Practices Act, Section 809, I respectfully requested that you provide me, in writing, with the following information:

• What the debt you say I owe is for;

• Explain how you calculated what you say I owe

• Provide a verification or copy of any judgment if applicable;

• Provide me with copies of any papers that show I agreed to pay what you say I owe including any of those that bear my signature;

• Provide me with a complete accounting history;

• Provide me with proof of the Statute of Limitations;

• Show me that you are licensed in my state, and provide me with your license number or provide me with proof of Agent of Service for the State of Indiana

I also requested that you immediately send a copy of my initial dispute letter to the company that you say I owe money to, so that they do not report this on my credit report.

I further requested that, if you have reported me to a credit reporting company, you tell them that I do not agree with this debt and that you provide me with proof that you have done so.

As of the date of this letter you have failed to comply with my requests, as it is your duty to do so according to Section 809 of the Fair Debt Collection Practices Act.

Since you have failed to respond, consider this letter my official notification I intend to file suit against JBC & Associates in the Small Claims Court of Clark County Indiana for violations of the Fair Debt Collection Practices Act Section 807 (Copies of Court Documents Included).

These are a COPY only and HAVE NOT BEEN FILED AS OF THE DATE OF THIS LETTER.

((COPIES OF SMALL CLAIMS PAPERS INSERT HERE))

The following sections of the FDCPA have been violated:

Section 807.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

((I have contacted your company on 2 separate occasions Sept 17, 2003 and Sept 20, 2003 and was never advised I was speaking with a debt collector))

Section 809

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

If you would like to settle this matter before legal action is taken then I require the following:

1. A signed statement from an authorized representative of JBC & Associates that agrees to drop any past, present and future references to this account and an agreement that JBC & Associates will never collect on it again or assign or sell to any other debt buyer or collector.

2. A signed statement providing that if this account has been placed on any credit report that those references be deleted within 30 days of agreement to this letter.

3. A check tendered in my name for the amount of $1000.00 for violations of the FDCPA as allowed by Section 813.

Upon receipt of the following THREE provisions I will send your company a release form. Then and only then will I send a release.

Please be advised that this is an attempt to correct your records and any information gathered may be used for the following.

Your company has 30 days from receipt of this letter to answer these demands. If I do not hear from you then I will assume you wish to litigate this matter and I will then file the appropriate papers with the small claims court.

Signed,

ME

[nativechild48]

8) So you don't want to go the class action route The letter seems fine, and they racked up some violations. The ca is supposed to identify himself I just wonder though if you should give them the amount you are seeking? Good luck

[retmar]

I would ask for at least $2500.00 for bargaining purposes as if you do scare them, they are bound to make an offer of their own. Always ask for more than you will settle for. You need to have some room for adjustment. Also, give them only 10 days to postmark from receipt of letter as the green card will prove delivery. At this point, 30 days will give them time to try and find a defense. As far as I am concerned, when they didn't respond to your DV, they forfeited all rights for any further periods of time. This is my opinion.

[Guest]

I even found my first letter from them and whats really amusing is that the statute they cite is typed the wrong way. They are BOOBS!

I talked with Eddelman Combs Latturner paralegal and they are requesting I fax them all my info.

I think I am going to try and get JBC to deal with me directly and if they blow me off I will send it to the law firm to add to a class action.

Either way I aint letting them get away with this crapola.

Oh and I changed the amount of the check to $3000. Figured they could weasel me down from there!

[retmar]

Don't blame you one bit. Let 'em have it where it fits the best.