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Weltman,Weinberg & Reis / SHERMAN


lucig284
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Ok guys, what is your take on this one..

On Dec.13th I sent a letter to W. W.& R in response to a letter I received from them on behalf of SHERMAN ACQUISITION. In the letter I not only requested validation of the supposed debt, I also made them aware that my numerous communications with SHERMAN ACQUISITIONS and their affiliates, (I have Copies of the Certified mailings w/ signature receipts on file) have all gone unanswered and that I have reason to believe the debt is not a valid debt. I reiterated that SHERMAN has never shown proof of their claim and that

ANY claim that they may or may not had, besides being unproven, is time-barred by Florida statute. ( I have a letter dated 10 or 11/1999 stating that the account was being closed for non-payment) I received the green card back showing that they signed for and received my letter on Dec.16th. FAST FORWARD TO TODAY..... I got a letter from WWR today(12/27) dated 12/17/2004, postmarked 12/23/04. In this letter they advise me that SHERMAN has authorized them to accept 60% of the total balance due as settlement of the claim. The offer is good for 15 days from the date of the letter and that the balance may change daily due to accruing interest.Therefore it is important that I contact their office to discuss the amount necessary to settle the account. It goes on to say that statements made herein are intended for settlement purposes only and cannot be construed as admitting any of the within information.

It then goes on to state "This law firm is a debt collector attempting to collect this debt for their client and any information obtained will be used for that purpose." "Thank you for your attention and cooperation in this matter. Should you have any questions, please feel free to contact us."

Am I wrong here or is this continued collection.. They have NOT provided the requested debt validation. Is there anything I can and should hit them with in my next letter?? Oh yeah, I sent copies of the letter I sent to WWR to Kevin Branigan and Scott Silver at SHERMAN FINANCIAL in NY, NY. I got the green cards back dated 12/20 from both of them so I know they are aware of what is going on.

Do you think I should contact them again with a copy of yet another letter from WWR?? This whole WWR/SHERMAN thing is driving me crazy !!

Any input will be greatly appreciated..

Thanks in advance,

lucig284

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This is indeed continued collection activity without validation. Tell them you know what they're doing, they aren't getting your money, and to please keep racking up violations so you can sue thier asses in court.

Sherman is responsible for the actions of their agents...and it sounds like you have several violations already that Sherman would have to pay for if you were to take it to court.

I'd make them BOTH know this.

Is this reporting? It's very possible there are more violations there too. I'd start working on an ITS.

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This is indeed continued collection activity without validation. Tell them you know what they're doing, they aren't getting your money, and to please keep racking up violations so you can sue thier asses in court.

Sherman is responsible for the actions of their agents...and it sounds like you have several violations already that Sherman would have to pay for if you were to take it to court.

I'd make them BOTH know this.

Is this reporting? It's very possible there are more violations there too. I'd start working on an ITS.

No it's not reporting.. I sent a DV letter to SHERMAN in Oct. 2003 which they did not bother responding to..but they did remove their entry on the CR.. They are trying to collect on an old Sears account which is being listed on the CR as CBUSASEARS. For the life of me, I can't figure out where SHERMAN is even coming from. What should I add to the letter I'm sending to both WWR and Sherman to make them stop screwing with me??

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Be extremely aggressive. WWR is very litiguous. They have also been burned in federal court a few times for FDCPA violations. If you believe the debt is time barred then advise WWR & Sherman that the debt is time-barred and that you refuse to pay and that they are to cease all collection activities, including communication with you. If they so much as flinch, blast them to Mars.

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I too recieved a letter from them last month saying they are a law firm representing Sherman :x

I immediately sent them a DV letter and stated that by them contacting me, Sherman has just added another violation to their already long list as they have ingnored all my validation letters since January 21, 2004 and Sherman was warned to cease and desist all efforts on this alleged uncollectable debt, including it's affiliates and representitives. MY SOL passed 4 years ago, and I've never had an account with the creditor they claim they bought this debt from for crying out loud!

Lo and behold, I get another letter from them stating they have made several attempts to contact me to no avail, yeah right, that was just the second letter. I should contact them to discuss a possible resolution. (another violation!). My 30 days for DV was not up yet, so I simply waited, ready to slam them with a long letter stating the violations.

Just when I was writing my letter waiting for the 30 day rule to pass before I send it, I got another letter 3 days later saying, my request for validation has been received but they have returned the file back to Sherman and have ceased collection activities, therefore they will not be able to assist me in obtaining the requested validation. Like they could to begin with! :x

Don't sleep on this, watch I bet you will be getting the same letter about we are sending this back to Sherman crap very soon.

Absolutely Dispise Sherman. I'm holding on to every letter I've gotten from their so called representitives, if they so much as pop their head on my CR, I'm suing the life out of em! :evil:

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I too recieved a letter from them last month saying they are a law firm representing Sherman :x

I immediately sent them a DV letter and stated that by them contacting me, Sherman has just added another violation to their already long list as they have ingnored all my validation letters since January 21, 2004 and Sherman was warned to cease and desist all efforts on this alleged uncollectable debt, including it's affiliates and representitives. MY SOL passed 4 years ago, and I've never had an account with the creditor they claim they bought this debt from for crying out loud!

And you're still screwing around with this? Didn't you ever bother to read the FDCPA? About 6 months ago you should have sent them an ITS or sued. A lot of times they come up with the last billing statement from the original creditor. Guess what? They can use that to sue on an account stated. Guess what? That changes the SOL.

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This is indeed continued collection activity without validation. Tell them you know what they're doing, they aren't getting your money, and to please keep racking up violations so you can sue thier asses in court.

Sherman is responsible for the actions of their agents...and it sounds like you have several violations already that Sherman would have to pay for if you were to take it to court.

I'd make them BOTH know this.

Is this reporting? It's very possible there are more violations there too. I'd start working on an ITS.

Do I have to wait until the original 30 period I gave them in my DV letter to write to them (WWR) again?? Sherman is WAY past the 30 days I gave them back in 2003.. Also, If it isn't too much trouble could you tell me what to quote in my letter as far as Continued collection goes. My brain is starting to go to mush.. :(

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quote]

And you're still screwing around with this? Didn't you ever bother to read the FDCPA? About 6 months ago you should have sent them an ITS or sued. A lot of times they come up with the last billing statement from the original creditor. Guess what? They can use that to sue on an account stated. Guess what? That changes the SOL.

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This is indeed continued collection activity without validation. Tell them you know what they're doing, they aren't getting your money, and to please keep racking up violations so you can sue thier asses in court.

Sherman is responsible for the actions of their agents...and it sounds like you have several violations already that Sherman would have to pay for if you were to take it to court.

I'd make them BOTH know this.

Is this reporting? It's very possible there are more violations there too. I'd start working on an ITS.

Do I have to wait until the original 30 period I gave them in my DV letter to write to them (WWR) again?? Sherman is WAY past the 30 days I gave them back in 2003.. Also, If it isn't too much trouble could you tell me what to quote in my letter as far as Continued collection goes. My brain is starting to go to mush.. :(

Bumping for advise..

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I've recently been riding the same "old Sears account" merry-go-round with WWR and Sherman that others are describing here.

First of all, there is no formal time limit by which WWR and/or Sherman must validate the alleged debt. In fact, they don't have to validate at all. It doesn't matter how much time you gave them.

They must either validate the debt or cease ALL collection activity. Your recourse as I see it, is to either file suit for FDCPA/FCRA violations or not file suit.

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quote]

And you're still screwing around with this? Didn't you ever bother to read the FDCPA? About 6 months ago you should have sent them an ITS or sued. A lot of times they come up with the last billing statement from the original creditor. Guess what? They can use that to sue on an account stated. Guess what? That changes the SOL.

Trust me I am well aware of the FDCPA rules. I choose not to sue, all I wanted to do was get them off my CR. You have your ways, I have mine.

I would like to see them try to come up with the last billing statement from the OC, especially since it was over 10 years ago!

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I understand, but sometimes one has no choice, especially those who are most vulnerable, like when the debt is still inside the SOL.

Well, I think that it is fantastaic that you are in an extremely fortunate position since you do not need credit and don't mind paying higher interest rates when you do need credit, or don't mind creditors jacking your rates based on derogatory information on your reports, so for you its okay to take no action and just wait until it's obsolete and falls off.

Which raises an interesting question, if the last billing statement was 10 years ago it shouldn't be reporting at all, right?

Exactly, they are not reporting on my CR, which as I said initially was my goal. SOL passed a long time ago.

Didn't say anything about not needing credit, I said I choose not to sue. we are all here on this site because we need help/looking for help to repair, re-build, re-establish our credit and those who have been before us are kind enough to pass the knowledge along.

Stop putting words in my mouth xcoffx

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