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Lawyers response to validation...please help!


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Hello All, I am really counting on you for advice regarding this matter:

I received a letter from a law firm representing Rushmore Recoveries asking me to pay to prevent further action. So I sent a validation letter. The lawyers office has sent me credit card statements from the original creditor(At&T Universal Card). These statements are only showing what I owed, no payment history or anything.

Is this valid? What should my response be to this? Can just a statement be considered as validation? Does this mean that they can win in court over this?

I am really worried that they will sue me and win!! Please respond and help me write a response.

Thanks a bunch!!!!

Joe

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First, on what they sent:

Did you have an AT&T card? What is your defense? Validation is not a condition precedent to suing you and the CA doesn't have to convince you, just send what he gets from his client.

Second, what did the letter say? The lawyer may have overshadowed and you might have a claim against them. Tell us what it said.

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Recovering Attorney,

Yes, I did have the card. I stopped paying this card in 99. The credit report entries have also fallen off from ALL three agencies.

The first letter from the lawyer in April 2005 stated:

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" Please be adivsed that we are the attorneys for the above. Our client advises that you are indebted to it in the sum stated. Our client further advises that this debt is long past due and owing.

Demand is hereby made upon you for payment of this outstanding indebtedness.

Should you wish to discuss this matter with a view towards reaching an amicable settlement, please do not hesitate to communicate with this office"

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I sent the validation letter in response to the above letter. The second letter simply said:

"Enclosed herewith are copies of documentation regarding this matter."

Thats all.

Please guide me further. Are they supposed to produce a contract between me and the original creditor? How do I find out whether they are licensed by NYC Department of Consumer affairs? What can I do if they decide to sue?

I dont want to pay these people as this will further ruin my credit history, which is currently spotless.

Thanks for all your generous help!!

Joe

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Validations are not proof, they are not dispositive. The SOL in NYS is 6 years. So, deny deny deny. You could send them a note saying you got the stuff but simply deny you owe anything to their client and so you continue to dispute the item, so they can't use the old "account stated" garbage on you. But in the interim, I'd maybe do nothing and hope they do not get any paperwork before the year' end.

Law firms do not not have to be licensed by the City to collect.

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Eventhough, I stopped paying this account in 99, they are showing me statements that go upto Aug 2000. But they do not have ANY payment history or usage history. Just late payment charges....I was under the impression that credit card companies charge off accounts after 180 days of first delinquency?

Can past billing statements be considered as proof?

I dont not have any past billing statements to prove that the account is beyond the SOL. The only thing I have is that it is not on my credit report. Will this fly in court?

Also, if an attorney is collecting debt then he is bound by the FDCPA and is a debt collector and hence requires a license by NYC Department of Consumer Affairs? I was under that impression. They do state in their letters that "This is a debt collection firm..."

Thanks again!!!

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Thanks for the clarification.

Yes, the mini-miranda rights were on the letter.

Can past billing statements be considered as proof?

I dont not have any past billing statements to prove that the account is beyond the SOL. The only thing I have is that it is not on my credit report. Will this fly in court?

Thanks for all your generous help, again!

Joe

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Are they an actual law firm? Are they lawyers? Contact the Bar Association in the state they are from and find out. We recently discovered, via a news station story, that some CA's claim to be lawyers but they are nothing more than law clerks or law students that have not taken the Bar yet. In which case if they are NOT lawyers they are in violation of the law.

Never trust or assume anything with CA's. They are banking on the fact that 90% of the people they contact won't know the law or be brave enough to challenge them or investigate them.

One last thing, I am not sure that a Collection Agency can sue you... Doesn't it have to be the Original Creditor or a ligitimate law firm representing them?

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Guest sifxpert

Who is the attorney and is this a purchased account? I don't think this was discussed. If this is a JDB account I wouldn't worry much. I'm thinking if this is not on your crfedit report it is already beyond the SOL. If this is the case I have a good letter for you to send.

I know all of the NYC attorneys who represent Citi so I can tell you what your best bet would be if I know them.

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The attorney is Mel S. Harris law firm and this account is purchased by Rushmore Recoveries X, LLC.

I could not find any info on Rushmore Recoveries X, LLC. I am thinking it is another outfit owned by Mel S. Harris.

How do I know whether Rushmore Recoveries is a JDB?

I have a previous credit report that shows the DOLA as 11/1999. Is that proof enough.

Please send me a copy of the letter you mentioned.

Thanks!!

Joe

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Mel Harris lists an office on John St in NYC. Rushmore is a licensed LLC showing an address in White Plains.

http://appsext5.dos.state.ny.us/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=3175988&p_corpid=3179526&p_entity_name=%52%75%73%68%6D%6F%72%65%20&p_name_type=%41&p_search_type=%42%45%47%49%4E%53&p_srch_results_page=1

Under that scenario, Harris would be treated as a separate entity from Rushmore, regardless of his financial interest, is such existed.

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Guest sifxpert

This is a jdb account and it is beyond the SOL. Screw them! Mel Harris is a joke. They send out letters that look like summons or stip judgments to scare people. They are obviously doing a good job in this case. Do not pay 1 penny to these scumbags!

I pm'd you the letter I use for this type of account. Just make the necessary adjustments.

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Unfortunately, they have successfully validated. (Most OC's now copy all statements to lawyers for recovery. Until recently many were issuing only final statements which doesn't comply with the FDCPA.) Debt validation does not have to contain any more than reasonable evidence you are the person who owes the debt. Credit card agreements are usually copied, however there is no legal requirement for signed contracts and the like because most creditors did away with signatures years ago in favor of electronic means. AT&T Universal is a Citigroup product and as we all know, Citi successfully sues many people. You should focus your energy on some sort of settlement to avoid getting slammed with a summary judgment for the whole enchilada.

P.S. You could simply wait and see if any action is filed if in fact it is a junk debt buyer after you and not the OC.

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ghacorp,

They have NOT sent me ALL the statements from the OC. The statements they sent do not even have any payment history. I have sent a letter asking for all the statements.

I stopped paying on this card 99, hence I believe that it is past the SOL. But the only thing i have to prove this is the DOLA on my credit report.

So eventhough if they have successfuly validated the debt, they not proved that it is not past SOL.

Thanks,

Joe

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