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2nd reply to dispute


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I received a letter dated January 19th from "Gillette & Paul Law Office" This was the first letter I had received from them. The debt that they are trying to collect on is past the SOL. In the letter, they did not include the 30 day to dispute mini meranda. I sent them a reply letter asking for Validation of the debt, and also informed them of their FDCPA violation for not including that mini meranda in the dunning letter.

I got a letter back fro them Dated February 8th. They refused to provide validation of the debt. They claimed that my time had expired in which I was allowed to ask for it. They said that they sent the original letter on December 15, 2004 to a different address, and that the post office didn't return it, (which is a lie), so they assumed that I received it. They tried to collect on the debt in the same letter that t they refused to validate.

I sent a reply letter informing them again that the debt was disputed, and asked for Validation. I informed them that they violated the FDCPA again by continuing to collect without providing validation on the account. I also let them know that they were in violation of Oregon law, as they were not licensed or registered with the State of Oregon.

I got my second reply letter from them today. In it, they said that they would not repeat answers that they prioviously communicated. They are now claiming that they have purchased my debt and are the owners of the debt. Being owners they are saying that they are not required to be licensed in my state for collections. This is the first I had heard that they owned the debt. In my first letter from them dated 1/16/05, they claimed that they "reviewed my file that their clients had placed with them." In their original dunning letter, which I never received, it states that their offic has been assigned the task of recovering debt.

They then go on to say that they are reviewing my threats for possible legal action. Then they admit that they are unable to proceed with litigation against me regarding the debt bcause of the SOL expiring. Then they demand that I write them back in 10 days to let them know if I plan to pay the debt or not, and also let them know if I will continue to communicate with them.

These guys are p*ssing me off. I have to figure out if I want to duke it out with them or just let it go. I hate JDB and would like to make it harder for them to continue to take advantage of people, but at the same time, it is just as easy to do nothing, as they have already said that they can't do anything to collect on the debt. Any thoughts on whether or not to proceed with anything further would be greatly appreciated. If you think I would be able to even get $1000 from them, and that I have a strong enough case against them, I will continue to be a thorn in their side, but otherwise, it is just a waste of my time.

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Wowzers, these guys are wrong on so many fronts.

The mini miranda must be included on the initial communication, as well as all subsequent communications.

http://www.lawdog.com/debtcol/dc05p.htm

There is no time period for when a debt validation must be sent. They can assume the debt is valid after 30 days, but that doesn't mean you can't dispute the validity of it afterwards, nor does your inaction within 30 days consist of an admission of liability for the debt.

If they won't validate, I'd have my phone recorder handy, and photocopier and just rack up violation after violation, because they have to C/D until they validate it.

Sounds like willful non-compliance with federal law.

Purchased, assigned, it doesn't matter. It is out of SOL, so you have an affirmative defense. They are trying to suggest that they are the original creditor, to circumvent the FDCA, which is pure bunk. They didn't lend you anything, so you don't owe them anything. If they are suggesting this, for grins, you could ask for the original contract you signed obligating yourself to them.

I'd ask them what they paid for the debt, and proof of purchase. :) Also, I'd sure as heck communicate with them further. I'd let them call me again and again. Tell them to write me continually, and let the violations pile up.

Is there an Oregon law that allows for greater penalties against debt collectors?

If you really want to be a pain in the a$$, you could write your state atty gen, their state atty gen, their state Bar assoc, FTC, and get them involved. Further, see if you can get a good consumer lawyer to take the case on contingency.

If you don't make them pay, then they will just continue to abuse the law and take advantage of people. Make it hurt baby!

Isn't there some law against using the mail system for fraudulent purposes?

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If it were me, I would just send them a C&D and forget it. It isn't worth the trouble, and you won't teach them a lesson. They plan for a certain number of suits each year.

Look at the paper they are selling. They buy 156 charged off accounts worth $600,000 for less than $30,000. If they can get just 8 of those 156 accounts (5%) to pay in full, they are in profit territory. One lawsuit for $1,000 isn't gonna hurt them.

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