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I sent DV LETTER now I get attorney notice!! HELP!


marisakay
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here is my preivous post:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26423&highlight=

basically I got threatening letter from Portfolio saying pay now or next contact is w attorney....as guys suggested, I sent DV letter on MARCH 1 CRRR, I was told by postal worker it should get there on March 4...well I got the green card back and it was dated March 11. I got this letter today from attorneys in OHio in mail..dated March 14, it says this:

Please be advised that this law firm has been retained by the above creditor in regard to the above outsatnding past due balance.

Please make satisafactory payment arrangement on the above debt by contacting Ann *** at 219-******

Unless, you w/in 30 after receipt of this dispute the validity the debt is assumed valid. if you notify us in writing that the debt is disputed we will obtain verification of the debt and a copy of such verification will be mailed to you.Upon your written request w/in the 30 day period we will provide u w the name and address of original creditor, if diff from current.

so what is my next step????

what worries me is in the last letter from Portfolio it said we MUST here from you by MaRCH 4 OR WE WILL GET W ATTORNEYS. so since the card says it as signed on march 11 am i Screwed?????

how could it take so long to go a state away???? isn t that what I paid 4 something for???

I am nervous now and need help....please guide me!!

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the letter i got today from attorneys is dated march14th....

the last letter Igot from portfolio was dated feb 11 and said I must contact them no later by march 4th.......green card said they received march 11

amount now is 2387 says from attorney but from portfolio it said 3130??

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Guest jeeptravel

Great avatar. You sound like a serious person willing to learn and get out of debt.

Do you owe this debt? If not, you should call this compny person and tell them that they are illegally attempting to collect a debt and refusing to validate and unless they do validate you will counter sue them in the power of your rights with the fcra.

Tell them you will get your own attorney if they choose to sue you. I wouldn't take that BS from any collection person like they are giving you.

-on the other hand-

if you owe the money legitimately, I would plead with the to accept a monthly installment. Most companies would rather have a little each month that go to court. If you get a judgement against you, they may even find a way to garnish your wages, plus judgements are public records so you really don't want that.

I hope the two scenarios above and some suggestions for each have been helpful to you. Good luck. Keep us posted.

jt

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only thing is I dont work and donot plan on it...so they cant garnish my husbands wages can they?????

I am sure they could prob put lien on our house which is not good...

I jus tthought this was some violation since I asked for validation then they send it to attorneys....

should i ask for Validation again..this tiem w attorneys??? AAAHHHH

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Guest jeeptravel

If you don't owe anything to these people, you need an attorney. But call the first and tell them in good faith you are shocked they violated the fcra in refusing to validate, and that you will be forced to fight their lawsuit with your own lawyer and you intend to counter-sue to uphold your rights with the fcra.

again, if you do owe it, that's a whole different story. Then you need to negotiate.

You don't wnt a judement against you. I can tell you you will see the DV (if proof exists) in court. That's for certain.

Talk to the company o the phone, that's my advice

jt

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Many CA offices are also Attorneys at Law (it's more scary to get a letter from Attorney than just a CA). But as long as they are collecting a debt, they are under FDCPA, and in your case they are collecting (as they included statement "unless you dispute the validity of the debt, ...").

So DV them as you would DV any CA.

I personally received such letter from "attorneys" (Rubin & Rothman, Llc, Attorneys at Law) on Jan.26. DV'd them. Never heard back from them, but on MAr.2 received a NEW letter for the same account - now from CA (Arrow, DV's them also, wondering who will be next 8-) )

P.S. What's the full name of your "attorneys"?

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I am being sued byxxx as well. They are using lawyers in WV. Since you are in Ohio, you need to look up collection law in Ohio. Normally xxx since they are jdb have no signed agreements or much documentation. You may have laws in Ohio that can help you fight them. They will sue unless you pay up.

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ty for input...send simple nice DV letter??? or like my other one to Portfolio where I was strait tothe point asking for validation and then I also put I will be uing them since they sent threatening letter to me which violated.......

but I guess the attorney have not violated that tho right>>>so just send simple letter...not mean??

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Guest jeeptravel

Mean? lose that thinking . . . LEGAL . . . better.

Find the violation. Let them knoiw they stand in violation nof that part of the FCRA.

Give them a timeline as to when they must inform you the matter is resolved otherwise you will file suit. BUT

This is soooooooooooooooooo important

You must be willing to follow through.

Keep us posted

jt

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I believe you may be dealing with a second collection agency here. Ie., Portfolio closed the account as uncollectable and returned it to the OC who then sent it to JB and R. Correct me if I am wrong. In this case, you will just need to start the process over again; new people, new ballgame. What Portfolio did doesn't matter because they are no longer collecting the debt; they are a different company. So DV JB and R but I don't think you would mention Portfolio because they are no longer involved. JB and R is just another collection agency and should be treated as such. It is an attorney's office operating a CA, but don't let that intimidate you as stated in previous post. Hope this helps.

-Kristi

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It looks like the original creditor referred it to a second collection agency rather than Portfolio referring it to an attorney. This is exactly what happened in my husband's case. In this case, Portfolio didn't do anything wrong as they returned the account to the OC as uncollectable rather than responding to your DV letter. I believe if Portfolio was suing you you would be hearing from attorneys representing them, not a different collection agency. I think if you read the letter from JB and R you will find out who placed the account with them; is it the OC or is it Portfolio? Don't worry, JB and R plays dirty and if you let them, they will continually and blatantly violate the FDCPA, so even though you may not be able to seek damages from Portfolio, you may be able to seek damages from JB and R. Document all your dealings with them and see what you come up with.

-Kristi

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  • 3 weeks later...

sending my letter tomorrow...HOWS THIS::

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a letter I received dated March 14, 2005. This is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with evidence that I have any legal obligation to pay you.

Please be informed that Portfolio Recovery has already violated the FDCA on two counts. One being for the threatening letter I received from them, § 807. False or misleading representations [15 USC 1962e].

Second being, that I requested validation from them and instead of validation within 30 days I received a notice from you instead of validation. I have already met with my attorney on these violations. So I urge you to validate this properly.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.

Best Regards,

Ma*** ****

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