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Right to Cure Response to Attorney - this guy knows me

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Nice to find this site!!!

I received a right to cure notice from an attorney who served me with papers earlier this year for an old CC debt. That time, I hired an attorney to deal with the situation and all he did was send a response and negotiated a settlement - he was asking for $5000 and I ended up paying almost $4000 so the attorney didn't do much as far as I'm concerned. In my research since then, I see I should never have written a check from my own account to settle this but of course my atty didn't advise me of that.

Anyway, the attorney is back with another CC debt. This one is from MRC Receivables - originally Wacovia - saying I owe $3500. This guy obviously thinks he can get me again and I'm scared to death. I found a couple of DV letters but don't know which one to use since this is an attorney. I'm afraid I might really tick him off and he'll really come after me.

Please advise!

Thanks!!!

DL

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Stop being scaerd. Lawyers love fear. They want consumers scared of them and their lawyery talk. Fear is the path of the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.

Send the lawyer a DV. He can't do squat until he validates.

If you hire a lawyer, make sure it is a consumer lawyer, not some flunkie trying to gouge you for fees .

ALL a consumer ever needs to do to invoke their rights and protections under the FDCPA is say "I dispute"

That is it.

Now, you might want to pretty it up with "I dispute this alleged debt entirely and request validation". Slap on a date and send it CMRRR and let the games begin.

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What state are you in ?

When did you last pay Wachovia directly ??

I honestly don't remember the last time I paid them but it has to be coming up on close to 5 years. I lost my job about 7 years ago and lived off my CC's until I couldn't pay them anymore. I live in IA.

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Stop being scaerd. Lawyers love fear. They want consumers scared of them and their lawyery talk. Fear is the path of the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.

Send the lawyer a DV. He can't do squat until he validates.

If you hire a lawyer, make sure it is a consumer lawyer, not some flunkie trying to gouge you for fees .

ALL a consumer ever needs to do to invoke their rights and protections under the FDCPA is say "I dispute"

That is it.

Now, you might want to pretty it up with "I dispute this alleged debt entirely and request validation". Slap on a date and send it CMRRR and let the games begin.

This is what I have for a reply:

This letter is being sent to you in response to (a letter I recently received/an entry in my credit file). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15USC1692g(B) that your claim is disputed and validation is requested.

In accordance with the above statute(s), I am asking that you prove that you have the correct debtor, the correct balance and that you are legally authorized to collect this debt, by providing documentation establishing the following:

• Name and address of Original Creditor

• Name, address and account number on file for alleged debtor

• Amount of alleged debt

• Date that this alleged debt became payable

• Date that the account originally became delinquent

• Verifiable proof that I have a contractual obligation to pay your firm.

• Any agreement that bears my signature, wherein I agreed to pay the creditor.

• A copy of all statements while this account was open.

• Any documents that grant your organization the authority to collect this alleged debt.

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information. According to the law, you must cease all collection activity on this account until the above information is sent to me. All correspondence shall be in writing. At no time shall you call me at my place of employment. Also be advised that, should you call me at any other location, all telephone calls will be recorded.

OR

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but 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 competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

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.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Is one better than the other?

Thanks!

DL

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You don't need to say this is not a refusal to pay.

They don't have to provide the original signed agreement to validate an account.

There is no 30 day period to investigate or validate.

As far as recording the calls, if you are in a two party state, that may be a good idea, if you can't find another way to legally tape them or don't hear the standard "calls may be recorded for quality assurance". Otherwise, if you are in the other 40 states that have the one party rule, it is pretty silly to include it.

The first paragraph of those letters is all you need to send, ever.

Asking for stool samples, fingerprints, and 2 forms of photo ID is not necessary for validation.

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You don't need to say this is not a refusal to pay.

They don't have to provide the original signed agreement to validate an account.

There is no 30 day period to investigate or validate.

As far as recording the calls, if you are in a two party state, that may be a good idea, if you can't find another way to legally tape them or don't hear the standard "calls may be recorded for quality assurance". Otherwise, if you are in the other 40 states that have the one party rule, it is pretty silly to include it.

The first paragraph of those letters is all you need to send, ever.

Asking for stool samples, fingerprints, and 2 forms of photo ID is not necessary for validation.

Thanks 47!

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Validation is considered an informal process, not up to the level of discovery. They have to prove they have the right person, the right amount, and the authority to collect.

The first and last are fairly easy to assert, but the right amount is a sticking point for them.

There is no hard and fast "this is validation, per se" They have to show by a perponderance of evidence that you do owe the amount stated.

The way it is supposed to work, according to the FDCPA is that they go to the OC, obtain whatever records, bills, etc... they have, and the CA forwards the paperwork to the debtor.

Courts have held that they have up to 90 days to complete that. Ihate asked me about it, and I posted the court case in another thread.

The CA Can NOT just use a print out from their own records, which effectively says "yup, you owe it" (FTC Staff letter/FDCPA)

They CA can't tell you to contact the OC. (FDCPA)

The CA can't just use a final bill either (FTC staff opinion letter.)

A detailed accounting showing the balance going from 0 to whatever they are asking would probably hold up in court as good validation.

Also, think about it. The only thing a signed agreement for say a credit card shows is the terms, conditions, credit limit, etc. This would be important if there was a remedy in the contract they were trying to exercise. As far as proving an amount owed, it only shows you had an account with them. No payments, debits, etc.

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Have you checked out budhibbs.com. he has a long list of really bad collection attorneys on there. I'd be curious to know if this firm is. if they are, bud will give tips on how they operate, if they're being investigated, etc.

I checked but the firm is not on the list. Thanks for the link though!

DL

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Validation is considered an informal process, not up to the level of discovery. They have to prove they have the right person, the right amount, and the authority to collect.

The first and last are fairly easy to assert, but the right amount is a sticking point for them.

Interesting title there cn47 "please take caution with his advice" :)

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