collection/attorneys

[mrscoolh]

i have had an attorneys office calling me constantly at work, collecting for a credit card. they kept pressuring me, so iagreed to let them debit 600.00 out of my checking, and then set up a payment plan. well, of course i realized i donot have 600.00, and i stop payment on it. they are now demanding the 600.00 in the next 24 hours through western union. can they do that. they were so rude. i also heard if i will send them a certified letter, not to contact me at my place of employment, they would have to stop. can someone give me some input. i am very worried.

[DocDon]

Who is this "attorney"?

[mrscoolh]

Who is this "attorney"?

the attorneys office is taylor perneau out of colorado. i have not spoken to him directly, but his associates, and then today was a collection person in that office. i should have never agreed to have them debit my acct., but now he is treating me like crap, and he sure does not care about anything i have to say. he would not even give me the western union info, because he said if i didn't send it in the next 24 hours it would have been a waste of his time. so he said i would have to call back, when i have the cash. so bad!!!!!! i live in texas, so i am not sure what is going on. this credit card had a credit limit of 300.00, and it has been almost a year, because of financial problems. anyway, they are collecting 1200.00

[DocDon]

Check the spelling in the last name. I see no record of an attorney by that name registered with the Colorado State Bar.

A CA impersonating a law firm is a no-no.

Did you send a DV off to this CA? If not, do so and also add in the letter that they are not to contact you at your place of employment, and that any future communication is to be done in writing.

[mrscoolh]

Check the spelling in the last name. I see no record of an attorney by that name registered with the Colorado State Bar.

A CA impersonating a law firm is a no-no.

Did you send a DV off to this CA? If not, do so and also add in the letter that they are not to contact you at your place of employment, and that any future communication is to be done in writing.

i did spell it wrong, it is penseneau, and its in aurora, colorado. i am sorry, i donot know what DV is. i have called this office, and they answer, with that name, and then law offices. i tried to get on the internet today, and i could not find a record of this attorney either. they just really have me in a scared state, and i am sure they know it.

[DocDon]

Nothing under Penseneau, and nothing even close to that name in Aurora.

A DV letter is a debt validation letter.

I would stop being scared. It's now their turn to be scared.

[mrscoolh]

Nothing under Penseneau, and nothing even close to that name in Aurora.

A DV letter is a debt validation letter.

I would stop being scared. It's now their turn to be scared.

thanks, for your info. i really was not sure what to do. do you think this is just a collection agency, why would they answer law offices? i am sending a certified to them tomorrow. what goes in a debt validation letter, or is that something the credit card company has. i have never had to do that before. i wonder if they have added fees on there to make that total 1200.00. they are supposed to start taking out 100.00 at the end of each month, i wonder if i should stop payment on those, until i find out who they are. he told me today, i am already in default of my agreement, because i stopped that 600.00 one. i was an idiot once by agreeing, but not twice. the first guy who i set the agreement up with, was a little intimidating. i really apprecitate your input. thanks

[DocDon]

Their job is to be intimidating. Their job is to get you to pay, and often times, it's to get you pay using ANY technique necessary.

What exactly does their letterhead say? I want to check up on this "law firm".

There is a link to the FDCPA above, click on it and read section 809 relating to the validation of debts. Then read section 807 about false or misleading information, then read over the whole thing.

It's important to familiarize yourself with your rights.

If it's found they're in violation, believe me, they're going to wish they never contacted you by the time you're finished with them.

[mrscoolh]

Their job is to be intimidating. Their job is to get you to pay, and often times, it's to get you pay using ANY technique necessary.

What exactly does their letterhead say? I want to check up on this "law firm".

There is a link to the FDCPA above, click on it and read section 809 relating to the validation of debts. Then read section 807 about false or misleading information, then read over the whole thing.

It's important to familiarize yourself with your rights.

If it's found they're in violation, believe me, they're going to wish they never contacted you by the time you're finished with them.

i have that letter at my job, so when i get there in the morning, i will look at it, and reply back to you. i really just looked at the letter once, i just have their name and address right at my desk, because they keep calling me for my payment. i will look into the rest of it, so i will at least know what i can do. thanks, and i will let you know tomorrow.

[c m chase]

Go get 'em. I love busting law firms. It's my new hobby.

[mrscoolh]

Go get 'em. I love busting law firms. It's my new hobby.

hey, i have a copy of the letter here, i just found. the letterhead says LAW Offices of Taylor T. Pensoneau, LLC 3151 Vaughn Way #412 Aurora, Co

it then says Re: Worldwide Asset Purchasing

Original Creditor: Household Card Services,

which is who my credit card was through. i did spell his name wrong again, but i do have it on paper now

[mrscoolh]

Their job is to be intimidating. Their job is to get you to pay, and often times, it's to get you pay using ANY technique necessary.

What exactly does their letterhead say? I want to check up on this "law firm".

There is a link to the FDCPA above, click on it and read section 809 relating to the validation of debts. Then read section 807 about false or misleading information, then read over the whole thing.

It's important to familiarize yourself with your rights.

If it's found they're in violation, believe me, they're going to wish they never contacted you by the time you're finished with them.

i have that letter at my job, so when i get there in the morning, i will look at it, and reply back to you. i really just looked at the letter once, i just have their name and address right at my desk, because they keep calling me for my payment. i will look into the rest of it, so i will at least know what i can do. thanks, and i will let you know tomorrow.

i have found a copy of the letter. the top says Law Offices Of Taylor T. Pensoneau, LLC

3151 S. Vaughn Way #412

Aurora, Co.

this is the true spelling, its right here. did you say there was nothing close to that name? let me know

[LadynRed]

Worldwide Asset is a junk debt buyer. This Pensoneau is acting as a collection agency, even if he IS an attorney.

You say you're in TX. How long ago did you last pay the ORIGINAL creditor, Household ?? If its more than 4 years ago, you're past the statute of limitations for legal action to collect on a debt.

[mrscoolh]

Worldwide Asset is a junk debt buyer. This Pensoneau is acting as a collection agency, even if he IS an attorney.

You say you're in TX. How long ago did you last pay the ORIGINAL creditor, Household ?? If its more than 4 years ago, you're past the statute of limitations for legal action to collect on a debt.

the last time i actually paid household was about a year and a half, but i paid worldwide asset. 1 payment about 6 months ago, over the phone as well, and they were supposed to call again for another payment, but i never heard from them again. i only paid them 70.00. i have already got a certified ready to go. i donot dispute that i owe a debt, but from 269.00 to 1200.00, in 6 months, and i donot like being basically threatened to pay 600.00 of that in 24 hours is crazy.

[DocDon]

I found him.

I looked up 21st Century Resolutions, the company that came back from the BBB as being at that address, and it came back as "Attorneys" for the type of business. After some searching with the Colorado SOS, it looks likes the BBB info is incorrect. Since neither of the primary owners of that business are attorneys, and the ones that are were listed as working for different companies according to the State Bar.

Anywho... Mr. Pensoneau is an attorney, and appears to have the lease on that office space, so it looks like everything fits together there....

However, I looked up the CO code of ethics, and it says:

Rule 5.3.Responsibilities Regarding Nonlawyer Assistants

Rule 5.3.Responsibilities Regarding Nonlawyer Assistants

With respect to a nonlawyer employed or retained by or associated with a lawyer:

(a)a partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer;

(b)a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and

©a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if:

(1)the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or

(2)the lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

So while he may be a legit attorney, and working as a legit CA/Attorney, the actions of his "assistant" is certainly questionable. Even though he found being a CA may be more profitable than working on the legal team for Quest Communications, he's still governed by the Code of Ethics, and as Lady pointed out, still governed by the FDCPA.

[mrscoolh]

I found him.

I looked up 21st Century Resolutions, the company that came back from the BBB as being at that address, and it came back as "Attorneys" for the type of business. After some searching with the Colorado SOS, it looks likes the BBB info is incorrect. Since neither of the primary owners of that business are attorneys, and the ones that are were listed as working for different companies according to the State Bar.

Anywho... Mr. Pensoneau is an attorney, and appears to have the lease on that office space, so it looks like everything fits together there....

However, I looked up the CO code of ethics, and it says:

Rule 5.3.Responsibilities Regarding Nonlawyer Assistants

Rule 5.3.Responsibilities Regarding Nonlawyer Assistants

With respect to a nonlawyer employed or retained by or associated with a lawyer:

(a)a partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer;

(b)a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and

©a lawyer shall be responsible for conduct of such a person that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer if:

(1)the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or

(2)the lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

So while he may be a legit attorney, and working as a legit CA/Attorney, the actions of his "assistant" is certainly questionable. Even though he found being a CA may be more profitable than working on the legal team for Quest Communications, he's still governed by the Code of Ethics, and as Lady pointed out, still governed by the FDCPA.

well i apprectiate you researching all of that, i would not know where to start. my little letter i am sending will probably make someone mad, but i have to question some of the amount due, plus i let them know how rude their collections guy was. maybe i will get some response, without being threatened. thanks for your help. i will keep my fingers crossed, that i can get this resolved on a nice note.