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Something Shady Going On ?


Jitterbug
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Received a call from Weltman, Weinberg & Reis on Monday of last week. They claimed they reprenented an OC and gave the standard "How do you intend to handle this" line. She said they were prepared to settle for 50%, and would like to have payment right now. I told her I would need something in writing so I could determine if this debt was even mine. When she asked what I meant, I said I needed validation of the debt they claimed I owed. I got the impression she didn't quite understand what I was asking for.

Saturday I received the following letter:

Re: OC

Account # xxx

balance: $xxxx

Dear Mr. xxxx

Pursuant to our earlier conversation this transmission will confirm acceptance on behalf of our client of the sum of $xxx (50%) as full and complete settlement of the subject claim. This acceptance is however contingent upon receipt of funds in this office no later than April 25, 2005. Please make sure remittance is marked as settlement in full and not payment in full and reference file number xxxx.

The statements made herin are intended for settlement purposes only and can not be construed as admitting any of the within information.

This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose.

Please contact our office at 1-800-xxx-xxxx if you have any questions concerning this matter.

It has a hand written signature.

That's it. Something just doesn't smell right with the whole thing. I've never had any contact from the OC or any other CA on this account since it was charged off last year. Should I send a DV, ignore it, or what????

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I would DV. And I would state in the letter that: obviously, Ms. XXX misunderstood our conversation, I agree to no such settlement at this time, please provide proof that this debt is mine as I dispute it in it's entirety. Or somthing like that. JMHO.

Good luck.

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WWR is one of the most unethical law firms. They lie and falsify documents, including sworn affidavits.

Now that you know that, you shouldn't be talking to them on the phone. Your DV letter should include the fact that they violated the FDCPA because they didn't give you the 809 notice.

For whatever strange reason you requested DV over the phone so your state of residence determines if you are allowed to do that (WWR certainly won't tell you if you can or can't) and if you are allowed, if they have to comply with your DV request (another thing they wouldn't tell you).

With an OC WWR usually shows up court with billing statements.

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As divemedic said if the mini-miranda was not on there then it is a violation. I would not advise them of violations in your DV, just let them fumble along and rack them up. These will give you ammo to get a better settlement or go away, possibly even having them owe you money.

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Thanks for all the good advice. I'll DV them based on this letter and see what I get. It's a large account... over $10k, so I seriously doubt they're going away. If I can get them down to 40% or lower, I would like to get it settled. The way they worded this settlement offer seems to indicate they want to take 50% from me and sell off the other 50% to a JDB. A pay for delete would be nice, but I'm finding nobody wants to even discuss it. In my case, it's more important to be sure any settlement is considered baid in full. I don't need them selling the balance to JDB I have to fight with later on.

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