Oh crap - Walpoff and Abramson thugs !

[LadynRed]

Yep.. got a letter from these dirtbags today They say they're 'client' is Palisades - which used to be an FUSA account. They SAY Palisades is an 'assignee' of Bank One but that's a load of crap. ALL those accounts from 2002 after my layoff have been SOLD to JDB's, so there's no way Palisades can be an "assignee".

This old FUSA account was one that I opened a long time ago and closed about 6 months later - my request and my CR says so. The account was closed long before these bogus arbitration agreements went into effect, so they can't pull THAT one on me. They can't say I agreed to a change in terms on a CLOSED account.

Not sure what to do about this. The SOL isn't up for 4-1/2 more years and we all know W&A won't validate squat, they just plow onward violating the laws 'cause they think no one can touch them. I hesitate to DV these bastages because it IS still within the SOL and these dirtbags will likely try to sue me. The total is approximately $4500 so its not small change.

If they DO get nasty, it will force me to file for BK sooner than I'd planned in 2005. I've been putting it off for various reasons. Guess I'd better start filling out my BK schedules and putting away the bucks for a lawyer ! Silly me, I thought I could get some dental work done instead

[DocPC]

What bastards!

[nowayout]

Good luck with them. They're where my MBNA account ended up and then to a CA in the state of IL, where it's in court now. Lovely.

[LadynRed]

Exactly, these ADUBs are well known for that kind of crap and there's no way I'm going to let them go after my paycheck - that's all the could get from me anyway. If they won and took 25% of my pay, I wouldn't be able to pay my rent and the rest of my bills. I'd rather shoot them this :'> in the form of my bankruptcy notification.

If I thought DV'ng them would buy me some time I'd do it, but W&A won't validate but will turn around and sue you instead.

[ghacorp]

I have multiple counter claims filed against W&A and have a court hearing on Friday. (Wish me luck!) They have ignored validation requests on a Bank One account their client Unifund (David Rosenberg) purchased for pennies then tacked on a whole lot of penalties! I filed an Answer a few months ago simliar to CMChase's and yet they're still hell bent on suing. I'll see what the judge has to say regarding they're purchasing nothing more than an old statement. It will be interesting to see if these guys can produce the OC in court to attempt validation! Debt buyers are out for blood folks!!

[nowayout]

gha,

Please post your results, as dh has an arbitration case on Jan. 5 and I'd really be interested in hearing what happened with you. His was originally with W&A, but is now with a local CA attorney here. They were the ones that originally filed with the NAF and got the award.

[Leadhead]

If I thought DV'ng them would buy me some time I'd do it, but W&A won't validate but will turn around and sue you instead.

Correct me if I'm wrong, but isn't filing suit w/o validating, after being DV'd, a violation for continued collection?

[c m chase]

*edit*

[retmar]

Lady, my thought is that you do DV them. True, they may sue, but, remember, you have FDCPA 809( and © to back you in court. Don't forget about Spears and the Wollman Letter. They can't argue they did not receive your DV as you will have the signature card. By using this, you should be able to cause their departure as we all know they won't have sufficient information with them, except maybe an old statement. At the least, you could postpone the whole thing until such time as they show proof, and, at the same time, give you some space to file your BK as you planned. You might think about it.

[nolo]

Yep.. got a letter from these dirtbags today They say they're 'client' is Palisades - which used to be an FUSA account. They SAY Palisades is an 'assignee' of Bank One but that's a load of crap. ALL those accounts from 2002 after my layoff have been SOLD to JDB's, so there's no way Palisades can be an "assignee".

This old FUSA account was one that I opened a long time ago and closed about 6 months later - my request and my CR says so. The account was closed long before these bogus arbitration agreements went into effect, so they can't pull THAT one on me. They can't say I agreed to a change in terms on a CLOSED account.

Not sure what to do about this. The SOL isn't up for 4-1/2 more years and we all know W&A won't validate squat, they just plow onward violating the laws 'cause they think no one can touch them. I hesitate to DV these bastages because it IS still within the SOL and these dirtbags will likely try to sue me. The total is approximately $4500 so its not small change.

If they DO get nasty, it will force me to file for BK sooner than I'd planned in 2005. I've been putting it off for various reasons. Guess I'd better start filling out my BK schedules and putting away the bucks for a lawyer ! Silly me, I thought I could get some dental work done instead

LadynRed,

Don't overestimate these assholes. They came after me with their usual threats of arbitration and/or lawsuits. I DV'ed them and let them know that I was fully aware that they could not force binding arbitration. (old contract) They went away and that was the last I heard from them. (that was over two years ago) The debt was fairly large (over $3,000 and it was still within the SOL). So, don't assume that they will sue you. The DV might just buy you some time. Just my thoughts. Best of luck to you.

[DocPC]

I'm with nolo and the old Marine guy here.

[LadynRed]

Thanks Nolo, that's good to know. We all know how nasty W&A can be and I just don't want to have to get into a protracted legal battle with these scumbags.

I have rethought this a bit since last night when I first got the letter too.

First of all I had TWO FUSA accounts. The 'original' was directly from FUSA, opened in 1997, closed - I think - 6-8 months later BY ME. The 2nd was a Wachovia card that was apparently sold to FUSA, but I don't *think* there was any arbitration in that one and the last time it was usable was some time in 1999. Since they BOTH charged-off about the same time and the amounts were in the same ballpark, I have NO idea which account these jokers at Palisades/W&A are after me about. I haven't heard anything on the Wachovia/FUSA account in almost 2 years. The LAST one to have the original FUSA account was SHERMAN ! The letter from W&A just says they were given the account by Palisades, 'asignee of FUSA', NOTHING on it to reference the original account number, just W&A's internal 'file number'.

So, I literally have no clue and I'll say as much (well, almost) in a DV letter too. There's no way they can produce any agreements with my sig on them, they're over 7 years old. The Wachovia was even older, probably opened that in 1990/91 when it was still SCNB ! I'm 99.9% certain the FUSA account had no abritration language in it, it was opened and closed before that tactic went into full swing. The Wachovia account probably did, and I don't know if I still have any of the account terms. Who keeps all that anyway ? I"m a packrat, but there comes a time when you HAVE to clean house and dump old papers. I DO have all the statements for about a year prior to my layoff in 2002 and when everything went to hell in a handbasket with the creditors. I have very nice letters that tell me EXACTLY when they were going to charge-off each account , perfect proof for disputes should I need them. Time for me to dig into my lockbox, but I"m pretty sure I purged all the ancient card agreements over a year ago when I was out of room and couldn't put anything more in it.

It would be nice to get a payday off these creeps, I'll sure as heck document EVERY single mis-step they make. They can't call me, my number's unlisted and not one CA has been able to call me in 2 years .

I pulled my CR's last night. Palisades is nowhere to be found at all. W&A did a hard pull on TU and that's it so far. I also double-checked the FUSA account. It doesn't SAY it was 'transferred or sold', just 'charge-off' , but I find it hard to believe FUSA would bother to keep it and keep assigning it out, its been 2 years with ZERO success at collection !

I've got to go find BuzzSaw's version of a validation letter, with his legal education he wrote one kick-a$$ DV letter. He lives in my area too

Of all of the succession of CA's, this is the only one that worries me. I'll wait it out until around 12/20 before I send the DV letter. It'll be interesting to see if they send any dunning letters before 12/31 !

Leadhead - I do believe they CAN sue after getting a DV letter, they just have to produce the required proof in court or they're screwed.

[MaggieNY]

Leadhead - I do believe they CAN sue after getting a DV letter, they just have to produce the required proof in court or they're screwed.

I'm just curious. Isn't suing considered continued collection activity? Aren't they not allowed to continue any form of collection activity until they satisfy the DV?

[LadynRed]

ACK!

You're right.. but that apparently hasn't stopped W&A, they have responded to DV letters with a summons !

[rodeomom]

In my limited knowledge I would also say DV.

I have the assholes after me for 2 sep accts.

Sent DV letters 11-17, and no word yet.

I have never talked to anyone from there. I'll let you know if I do. From what I read here I will likely hear from them again.

I too am looking at BK in 2005, but want to wait til at least feb, if possible.

Does anyone know if they get a judgement ag. you and go for a garnishment .

My income is child support from the Kansas Payment Center

SRS check from state of kansas that pays me to care for children whose parents are on public assistance, or low income.

I also get a check from food program that is like school lunch programs. It helps cover cost of feeding children, doesn't cover all but is some.

can these type of checks be garnished? since are government type?

I have no direct deposits.

Got hearing on mon. with kramer & frank, wonder if they'll show up

good luck lady

rodeomom