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Has the other Shoe Dropped - Lawsuit ??


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To make a long story short

Org Credit Household CompUSA Account

Status Charged off

Collection Agency: NFSA (Sherman Group)

Now NFSA has sent it, to Weltman Weinberg and Reis law firm in Ohio, however they do have a office in Illinois, state I reside in.

Was making payments to NFSA for the past 6 months at 50.00, which they agreed to, it was debited from my bank account. Six months ended, so I mailed it in to them. June on time, July out in the mail on time.

NFSA called late July to offer a settlement, never did say what it was, payments being received, ok to continue with arrangment. Three days later a message on machine, must call with payment today this was my 3rd strike for being late (of which never was). This particular lady is just rude , spoke with her in early june. I knew payment was sent off, it was only July 27, so not late due on the 30th.. Low and behold a letter dated July 28 from Weltman Weinberg. I am assuming they called previously, toll free call on caller ID. Calls not answered. Letter stating they have been retained to collect blah blah ....

Have not sent a verification to them yet, as I don't want that to snowball into being hauled into court for a judgement.

Funny thing NFSA was getting $$. Maybe not the amount they wanted, but hey you do what you can do....

Not to sure on how to procede. Any guidance, suggestions would be greatly appreciated.

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WW&R are pretty much the same people. They probably just sold or transfered it within their own group of companies. I probably wouldn't continue to pay the first people if these other people are calling. In my opinion(and others who have dealt with these people) these guys are low-lives. How much do you have left to pay? I would try and settle for 25% of what is left. These guys are JDB and most likely paid 1.5 cents on the dollar, maybe as much as 7 cents, but doubt that much. Whatever you do, get something in writing!

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Ok…just some thoughts:

Did you have an agreement (payment arrangement) in writing? If not, then frankly, you had no agreement.

Did you properly vet this CA…do you know you actually owe the debt and the amount they say is owed and that they were actually retained by the OC to collect? If those questions haven’t been answered then you need to reconsider sending them any more money.

I would advise you to go through the DV process…and don’t shortcut it…with every CA who contacts you. When you get a new letter with new letterhead about the same debt you need to assume you are dealing with an entirely new CA and you need to go through the process even if you’ve gone through the process a dozen times before.

You need to understand that CAs do this kind of BS all the time…they will convince you to pay them before you put food on the table if you let them…they send it to the “next level” or their “legal department” (which usually means the cubicle next to the person who has the file now)…if they get tired of dealing with you they transfer the account to another agency or the OC pulls the account and gives it to another agency.

I would not be afraid of a lawsuit…if they sue then you can deal with it but don’t loose sleep over what hasn’t happened yet. Most “attorneys” involved in debt collection are bottom feeding starving lawyers who couldn’t make it in real law…they are CAs with a degree; nothing more, and they need to be treated as any other CA.

Bottom line is, it’s time for you to take control of this process…it’s your money, they want it…they shouldn’t get it until they’ve proven they should get it. Don’t talk to them on the phone…use mail and CMRR everything. Trust me, if they sue you then they were going to sue you anyway (assuming they even have standing to sue).

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