ravenrant Posted November 19, 2004 Report Share Posted November 19, 2004 Cap One brought a lawsuit against me last June. I negotiated a settlement and the suit was dismissed with prejudice the first time up. I have a copy of the signed dismissal order. I also have a signed agreement from Cap One that contains a release against current and future claims. I just received a letter from a "law firm" Riddle & Associates out of Sandy, UT, seeking the balance plus an additional $500+ in interest for their clients NCO Group & Cap One. (They are offering me a generous 40% discount, tho, should I lose whatever is left of my mind and pay them within 30 days.) They show a last payment date of July 31 - which would be about the time that the lawyers for Cap One received my settlement check and forwarded it on to Cap One. Can anyone help me with some language that I can use in my response to stop these folks in their tracks? Thanks! Link to comment Share on other sites More sharing options...
rdahlke1105 Posted November 19, 2004 Report Share Posted November 19, 2004 Cap One brought a lawsuit against me last June. I negotiated a settlement and the suit was dismissed with prejudice the first time up. I have a copy of the signed dismissal order. I also have a signed agreement from Cap One that contains a release against current and future claims. I just received a letter from a "law firm" Riddle & Associates out of Sandy, UT, seeking the balance plus an additional $500+ in interest for their clients NCO Group & Cap One. (They are offering me a generous 40% discount, tho, should I lose whatever is left of my mind and pay them within 30 days.) They show a last payment date of July 31 - which would be about the time that the lawyers for Cap One received my settlement check and forwarded it on to Cap One. Can anyone help me with some language that I can use in my response to stop these folks in their tracks? Thanks!Let me see if I understand this correctly. You have a release that basically states that Cap 1 releases all current and future claims to this account? I would say that you have this JDB (and that is what this "lawyer" really is) by the short hairs. Have they put this on your credit report?? Now I am not a lawyer, but to me this would say that they can't accept a settlement on this account and then sell the remaining portion to some JDB. But I would suggest waiting for one of the attorney's that come to the board to verify this. Link to comment Share on other sites More sharing options...
ravenrant Posted November 20, 2004 Author Report Share Posted November 20, 2004 Let me see if I understand this correctly. You have a release that basically states that Cap 1 releases all current and future claims to this account? I would say that you have this JDB (and that is what this "lawyer" really is) by the short hairs. Have they put this on your credit report?? Now I am not a lawyer, but to me this would say that they can't accept a settlement on this account and then sell the remaining portion to some JDB. But I would suggest waiting for one of the attorney's that come to the board to verify this.Yes, here is the language of the settlement agreement:Whereas, Creditor and Debtor desire to settle their differences and end the above identified litigation. Therefore, in consideration of the undertakings set forth below, Creditor and Debtor hereby agree as follows: 1. On August 4, 2004, Creditor will file in the Circuit Court of the Eighteenth Judicial Circuit Dupage County, Illinois, a Motion to Dismiss With Prejudice in the above-identified litigation. 2. Creditor further agrees not to make any future claim or bring any future action against Debtor for the acts alleged, or which could have been alleged, in Civil Action No. XXXX, occurring up to the time of the entry of the Motion to Dismiss With Prejudice identified in Paragraph 1 of this Agreement. 3. Debtor & Creditor hereby release each other from all claims each has against the other arising from the substance of Civil Action No. XXXX. 4. Debtor will, at the time of executing this Agreement, pay to Creditor the sum of $XXXX as full settlement of any claim of Creditor against Debtor. 5. Within thirty (30) days, Creditor agrees to remove all negative information related to this debt from the files maintained by the major credit reporting agencies and report the account Paid As Agreed. 6. Creditor and Debtor will bear their own costs, expenses and attorneys’ fees. 7. This Agreement embodies the entire understanding between Creditor and Debtor relating to the subject matter of this Agreement and merges all prior discussions between them. 8. A facsimile or copy of this settlement/agreement may be treated as the original. 9. This is a legally binding contract. Both parties have entered into this agreement voluntarily and will be bound by it. 10. The person signing this for Creditor represents he is authorized to bind Creditor to this agreement, and Debtor relies on this representation.No, only Cap One is on my CRs. Interesting, tho, they are currently reporting the same balance (without the added interest) that Riddle is alleging. This may be their interim step to reporting a $0 balance, tho - the same thing is going on with a Citi account I settled. I do know I will most likely have to chase Cap One to get them to fix the reporting as they agreed. I'm sure that kind of slipped by them and, if they had read it closely, they would probably have never signed off. I'm concerned about NCO's role in this as the "law firm" identifies them as a co-client with Cap One. NCO recently did two hard pulls on my CR. I wrote them a non-PP letter as I had never received any correspondence from them. They removed one inquiry but have not removed the other, even after two follow-up letters. I'm looking for some language to put in my reply to Riddle. I suppose I could just send a complete C&D and explain the circumstances - that this debt has been compeltely settled, etc., so "back the heck off", "Happy Thanksgiving", "get stuffed", etc.Thanks for your response.Raven Link to comment Share on other sites More sharing options...
rdahlke1105 Posted November 22, 2004 Report Share Posted November 22, 2004 1. On August 4, 2004, Creditor will file in the Circuit Court of the Eighteenth Judicial Circuit Dupage County, Illinois, a Motion to Dismiss With Prejudice in the above-identified litigation. 2. Creditor further agrees not to make any future claim or bring any future action against Debtor for the acts alleged, or which could have been alleged, in Civil Action No. XXXX, occurring up to the time of the entry of the Motion to Dismiss With Prejudice identified in Paragraph 1 of this Agreement. 3. Debtor & Creditor hereby release each other from all claims each has against the other arising from the substance of Civil Action No. XXXX. RavenI just don't know on that one. I think I would probably send the "attorney" a copy of this settlement and basically tell him that he has no grounds on trying to collect. However, I think that you won't be able to sue them for any violations because of the line Debtor & Creditor hereby release each other from all claims each has against the other arising from the substance of Civil Action No. XXXX. But like I said, I'm not an attorney and not really up on the "legaleze". Hopefully someone with more legal experience will chime in. Link to comment Share on other sites More sharing options...
anti-something Posted November 22, 2004 Report Share Posted November 22, 2004 not an attorney either..but if i had just recieved that, i would be lined up at the court house door this morning putting in my suit for FDCPA violations. this 'debt' does not exist! Link to comment Share on other sites More sharing options...
ravenrant Posted November 22, 2004 Author Report Share Posted November 22, 2004 Thanks for your responses - I don't want to sue them, I just want them to stop trying to collect. (If they keep at me, tho, I may change my mind - lol.) They were on my caller ID and voicemail 3X a day for six days. I read up on Riddle (a collector law firm) and was not about to call them back. They have a nasty reputation, even with the BBB. I first faxed them an inquiry along with a Ltd. C&D and told them that I would respond immediately to any written communication; then they sent me their "form" collection letter. I just faxed them a response outlining that there was a suit, how it was settled and dismissed and told them to check back with Cap One as there is no longer a debt to collect here. I included a complete C&D and faxed a copy to NCO as well. I am not going to waste the $$ to CM-RRR these folks if I don't have to do so. I saved my fax logs, just in case. I also told them that if anything shows up from Riddle or NCO on my CRs that I would seek remedies. That's all I can do, I guess. We'll see if they come back with anything or just slither back under the rockpile.Thanks, again - Raven' Link to comment Share on other sites More sharing options...
ravenrant Posted January 29, 2005 Author Report Share Posted January 29, 2005 Update: Riddle has slithered away silently but NCO sent me a letter of apology indicating they were removing the credit inquiries. And, THEY DID!!! I'm still pinching myself... Link to comment Share on other sites More sharing options...
dixiedrifter Posted January 30, 2005 Report Share Posted January 30, 2005 Sue them for $2,000 for the non-pp inquiries. Link to comment Share on other sites More sharing options...
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