tammi

Wolpoff & Abramson: Need advice on next step!

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My DH received a letter from Wolpoff & Abramson for an old AT&T account. On his credit report, the amt owed is $3402. The letter from W&A states:

"Re: Palisades Collection LLC Assignee of AT&T

Balance $4513.15

We are giving you a further opportunity to pay this account. If you are unable to pay in full, we may be able to help you work out a reasonable payment plan.

If you prefer a payment plan, indicate below what payment you are proposing and return the bottom portion of this letter to our office in this self addressed enveope provided for your convenience. Can someone please advise me on my next steps?

The above non-attorney employee of W&A directed that this letter be sent

to your attention."

The balance they are stating is $1111.15 more than what Palisades is repoting!!!! The letter is from a legal assitant. The DOLA on this account is 09/2002. I am in Texas and the SOL is 4 years. So this account is still w/in the SOL until the latter part of this year. This letter came from W&A after I sent a DV to Palisades. From looking at other posts, I see that they are "Sue Happy" and are brutal. Any suggestions on my next move? Oh, btw, they spelled my DH last name wrong.

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Ok...maybe my age is showing but what the heck is a "DH"?

Assuming a "DH" is a person (such as a spouse, lover, etc) then I'm sure you muse realize that officially/legally, YOU can't do anything for him/her.

That said, assuming the debt is, either in whole or in part, legitimate (meaning some amount is actually owed), then I'd probably go ahead and go through the dispute/debt validation process...at a minimum, there seem to be legitimate questions about the amount owed and if this CA actually has the legal authority to collect on behalf of the OC, etc.

At the end of the day, however, I think some money is going to have to change hands if the debt is owed and if this CA/OC has a reputation for going to court but by going through the process, you may be able to build a case of mitigating circumstances based on how/if the CA responds to legitimate DV requests.

The downside of course is that starting that process may trigger a strong response from the OC/CA but I feel it is almost always better to be proactive than reactive when dealing with a CA.

Hope that helps some.

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From what I remember, W&A are not too "polite". They are known to violate, so you should keep close records of all communications, whether verbal or written.

As to the letter sent after your DV, check the dates and see how they correspond. If dated within the travel time of your DV, then it is one of those "cross in the mail" situations. If it is after the date they signed for your DV, then it is a violation. But, they could also claim they did not receive notice of your DV by the time they sent this letter (blame it on Palisades), so it would be hard to prove. To me, I would send a second DV that notes their receipt of the first (include copies of letter and green card). This time you would also note the incorrect spelling of the name by saying something like "are you positive DH is the person you are looking for?". Then add as to the amount. Accomplish this by adding that if DH is the right person, that they need to supply the information as to how they arrived at that amount, and must include proof of all numbers, such as copies of statements, etc.

Your goal is to assure the debt is paid with you as the winner, not them. Such as, offer a settlement for $.50 on the dollar and see what they say. Don't offer anything until they respond to your requests. If, by chance, they did sue before responding properly, file a defendants claim against them for violations, such as continued activity w/o validating debt. Remember, 809© will protect you on this in that they will have to produce all accounting and other information in court as you will clearly state to the Judge that you had been working hard to resolve this, but, W&A refused to respond accordingly. Your records of all letters, etc. will prove you were doing as claimed. At the same time, if asked by the court, do not admit to anything about the debt until it is proven to be correct, in amounts, charges, everything.

To add, if W&A does not respond properly, contact Palisades and explain your efforts and that W&A refuses to respond. Sometimes this will get the ball rolling in resolving this, including a discount of sorts for your inconvenience.

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Thanks so much for your responses. The date they signed for my DV is 12/27/05. The letter dated by W&A is also 12/27/05, so they could claim that they sent the letter before they received the DV.

Retmar, you said you would send a second DV, would it be to Palisades or W&A?

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Send it to W&A. I say this as I just thought of something. Palisades is a JDB, which means they own the debt, and have assigned it to W&A. Therefore, if my thinking is correct, Palisades sent your DV to them, which means they could easily claim the crossing in the mail. Why is because they could say the letter was posted in the AM and sent, while they did not receive the DV until that afternoon or the next day. No matter, you will still claim the violation and cause them to answer.

What you could also do is send a letter to Palisades explaining to them as to what W&A are doing in regards to not responding to your requests, etc. then you will include that, in some states, an OC can be held liable for the actions of their assignee. This sometimes gets a response where the OC recalls the debt and will work with you to resolve. Other times they do not care. No matter, as long as you cover yourself in communications and clearly display your actions are to resolve this amicably, it is in your best interests when it comes time to settle.

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You need to be VERY wary where W&A is concerned. They are the evilest bastardos on the planet ! Further, W&A will never validate. They'll pull every trick and violation in the book to avoid it and in the end you are likely to be summoned for Arbitration anyway - and you will lose.

I sent those scumbags 2 validation letters, the first definitely well within the 30-day dispute period, and they ignored both of them, didn't mark the Palisades account 'in dispute' and continued their normal collection efforts. When I got the letter from these scumbags I knew I had to stop procrastinating and get my BK filed - it wasn't the only factor, but it was the push I needed to do it.

Just be on your toes with them, the are very nasty.

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I sent those scumbags 2 validation letters, the first definitely well within the 30-day dispute period, and they ignored both of them, didn't mark the Palisades account 'in dispute' and continued their normal collection efforts. When I got the letter from these scumbags I knew I had to stop procrastinating and get my BK filed - it wasn't the only factor, but it was the push I needed to do it.

Just be on your toes with them, the are very nasty.

So Lady,

I do not want to file BK. Are you suggesting that I DV them? Does it have to go to Arbitration?

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What judge ? I would have been railroaded into a forced arbitration and it never would have seen the inside of a courtroom. Showing their FCRA violations would not have stopped a judge from awarding a judgment against me had I let it go that far - the violations would have had to be a separate action.

W&A was NOT the prime reason for my filing BK, lots of things went into it, they were just the last straw.

Tammi - go ahead and DV them but watch them like a hawk. To my knowledge they have never validated anything to anyone.

Does it HAVE to go to arbitration - not unless you pay them. W&A is the ramrod behind a lot of arbitrations and the consumer loses 99% of the time. If there was ever an aribtration clause in your agreement with the OC, W&A will push it there.

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Okay, my DH received in the mail on last week another letter from W&A (NOTICE OF INTENT TO SUE). What should I expect now. I will be sending my DV letter to them today. I am also in the process of contacting a lawyer. Any suggestions on next steps?

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In my situation with W&A they were very rude to me over the phone but after I DV them they stopped all calls and deleted from CR and by the way I haven't heard from them in about 3 months "maybe they are planning their next move" taking me to court but time will tell I only got a few months for all my accounts to go SOL. Now im fighting north star capital acquisition

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Make sure they produce the agreement that you and they signed that allows them to force you into arbitration. Their own rules stipulate that the particular document must be signed and part of the file. Download their flimsy BS rules and check them out real well. Also, reasearch whether a JDB is allowed the original agreement stipulations after purchasing a debt. There has been some very good posting about that over on the AOS forum by TowerRat and of course the usual stipulations by Fraud Fighter.

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