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These guys are so Stupid!!!!!


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Since there are bits and pieces of these events posted in differnt threads, I shall summerize everything here.

Starting in August of 2004 I started getting calls from a CA wanting $350 for 3 Dr office visits. Since my insurance covers everything but $10 co-pay I knew better. They refused to give me address info and said I just needed to do an echeck with them. Caller ID always showed up restricted. Then they told third parties about the debt, and left the message with them that if I did not call back by the end of the day they would file suit.

After this I blocked calls that did not have caller ID. Then did a reverse lookup on the number they called from when they unblocked and DVed them. Well Lo and behold they send back a response that is not even full validation, but also include information for a 4 year old NSF check.

The check has gotten them in some deep trouble besides the other violations. In the original response they demanded $65 in "Collection Fees" plus and unspecified additional $100. None of this looked right to me so I go to the Washington RCW which reads in part:

RCW 62A.3-515....if the instrument does not provide for the payment of interest or collection costs and attorneys' fees, the drawer of the instrument is liable for payment of interest at the rate of twelve percent per annum from the date of dishonor, and cost of collection not to exceed forty dollars or the face amount of the check, whichever is less, payable to the person entitled to enforce the check.

Looks like $65 is illegal!! I then request an itemization of the amounts since they did not send it, it was only a partial (Again a violation of state law). They of course did not answer, so 36 days later I send an ITS.

Today I get a letter from the president of the company stating that they refuse my settlement offer and are refering the check issue to their lawyer. The best part is they included a summary of the charges due on the check.

Amount of check: $120

Handling Fee: $25

Collection Fee: $40

Interest: $76

Now looking at the RCW above I do not see "Handling Fee" included in the allowable fees, that comes into play once a law suit has commenced.

BUT WAIT.....It gets better, they included the original notice of dishonor with it. Dated 75 days after the check was dishonored and sent to my old address. RCW 62A.3-503 says they must provide this notice no later than 30 days after dishonor.

I can not believe how much better this gets every day.

Oh, why aren't they suing over the Dr bills? Because it is with a very large medical group with offices all over the state and they just pulled their business with them due to a letter the president of the medical group received about what they have done. 8-)

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Also check into the beginning of the check statutes about HOLDER IN DUE COURSE

If they purchased the check as a bad debt or if they are NOT the original person that the check was written to they may not be able to collect on it

This wouldnt be JBC would it?

They love to threaten to sue on checks that are out of SOL ((Check that as well)) and adda ll kinds of charges not allowed by law.

Send these BOZOs a C&D and DV letter. They will probably fold.. or commit a TON of violations before its over with.

Lotsa luck

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Heh, I'd ask for exactly how handling an old check costs 25 bucks or how a collection fee costs 40. You can't just slap a label on something and say yeah, that's a processing fee. For what? Who did you pay? I want to see a reciept, something.

Correct me if I am wrong, but if they fold, you can still sue for the FDCA violations, no?

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They can not enforce the check at all, no later than 30 days after the dishonor they must send a Notice of Dishonor. Three different sections of the RCW state they can not enforce it if they did not send it within the 30 days. They waited 75 days. The best part of this is that in their latest letter to me they included a copy of the original Notice of Dishonor and the check, so they provided the evidence that the paper they hold is worthless. :banana:

The raelly bad portion of the state code says "A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument." So a thief can enforce a check legally.

The $40 collection fee is allowed if the check is not paid within 15 days of dishonor. The $25 handling fee is allowed from day 1 to day 15. The two shall never meet and be inforceable together IAW the RCW. So by requesting both they have violated RCW and FDCPA.

Originally they asked for a $65 collection fee, and now say they corrected the amount so it is no longer a violation! :roflmao:

I was going to file a suit monday, but will now wait since they seem hell bent on trying to sue me. I shall let them pay the filing fee. Then I will file my answers and counter claims, followed by a motion to dismiss their claim based on Failure to state a claim upon which releif can be granted since the check is now unenforcable. Then proceed with my counter claims.

EDIT: Sky, already DVed with limited C&D, their latest response was in response to my ITS. This has been a back and forth since the New Year.

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They can not enforce the check at all, no later than 30 days after the dishonor they must send a Notice of Dishonor. Three different sections of the RCW state they can not enforce it if they did not send it within the 30 days. They waited 75 days. The best part of this is that in their latest letter to me they included a copy of the original Notice of Dishonor and the check, so they provided the evidence that the paper they hold is worthless. :banana:

The raelly bad portion of the state code says "A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument." So a thief can enforce a check legally.

The $40 collection fee is allowed if the check is not paid within 15 days of dishonor. The $25 handling fee is allowed from day 1 to day 15. The two shall never meet and be inforceable together IAW the RCW. So by requesting both they have violated RCW and FDCPA.

Originally they asked for a $65 collection fee, and now say they corrected the amount so it is no longer a violation! :roflmao:

I was going to file a suit monday, but will now wait since they seem hell bent on trying to sue me. I shall let them pay the filing fee. Then I will file my answers and counter claims, followed by a motion to dismiss their claim based on Failure to state a claim upon which releif can be granted since the check is now unenforcable. Then proceed with my counter claims.

EDIT: Sky, already DVed with limited C&D, their latest response was in response to my ITS. This has been a back and forth since the New Year.

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