Scared Wolpoff..

[mparksmagic]

See this thread for what happened:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=261902

I called wolpoff's front desk today to request the address of their registered agent in TN because I was going to sue them for pulling my credit report without a permissable purpose. I was immediately transferred to an attorney for wolpoff who apoligized, thanked me for not filing just yet and advised me he would immediately send a letter requesting the inquiry be removed and asked me to call him back at his direct # and give him the addresses of the parties where I wanted the letter sent to. I am going to call back, request a fax number, send an agreement stating they will request for removal of the inquiry, send me a check for $500 and I will drop any claims I may have against them.

Any opinions?

[willingtocope]

I'm just guessing, but unless their was a lot more to your conversation than you've described, I think you got to talk to the residence smoozer. Getting transfer after calling in, and then calling him at his direct number probably got you recorded. By giving him addresses...and, I assume...relevant account numbers, you may have identified yourself sufficiently to alert their defenses.

One of the things I'm always aware of is that sleeze ball law firms are never cooperative unless they're forced to, or unless they're trying to trap you into something.

My advice...run away, run far away.

[mparksmagic]

Nope, I called their corporate front desk number, not the debt collection number. He was in fact the attorney that handles all the cases for wolpoff and has been there for 25 years. I googled his name and he is named listed on just about every suit for wolpoff. He did not ask for any numbers, in fact, he had my info already just by giving my name, not the right address though. I just told him I was at the clerks office and needed his RA info. He was like "uh. why would i tell you how to sue me, what is it going to take for you not to file a suit?" Told him I wanted the inquiry off and would call back after i talked to my counsel. I called back, he gave me his personal fax number to fax settlement agreement. I know this is correct because the wolpoff corporate front desk number is xxx-xxx-3000, his direct ext. is xxx-xxx-3152 and his fax is xxx-xxx-3153. Same pattern as any corporate office. This is legit, I will let everyone know for sure next week when I get the fedexed check. I faxed him the settlement agreement/release of claims today. Will post next monday.

[PeteDude]

It's not your Dad's Wolpoff anymore, so to speak. They're a little more cautious now than they used to be, but not by much.

In terms of the OP's situation though. . . be very, very careful. Get everything from them in writing, and keep all paperwork on hand that you would have used in an actual suit, as you still may end up having to produce it. . .

(that being said, don't threaten unless you're actually ready!)

[mparksmagic]

So why does everyone say to be so cautious? If anyone has had or heard of any prior experience then please feel free to post links to the threads discussing this or fill me in. I think, if you are serious, mean business and know how to talk, you can get any of these guys to settle by making one single call. You just have to be talking to a key decision maker, not some 10.00 / hr "paralegal". Its all a sales pitch. "either do what I want now... or i sue"

As far as getting things in writing, of course. As I said, I faxed a settlement agreement / waiver of claims to them to be signed on friday. Hope to have it back monday or tuesday, I will post when I receive.

I am not scared these creeps will do anything because this account they speak of is not mine. Bottom line, they pulled my CR without a PP. Which after requesting for 3 weeks to remove the inquiry it got them an ITS by phone. Got a verbal agreement on settlement from the attorney, he asked me to fax a copy and he would sign and fax back. I'll scan and post the check when I get it.

[June]

So why does everyone say to be so cautious? If anyone has had or heard of any prior experience then please feel free to post links to the threads discussing this or fill me in. I think, if you are serious, mean business and know how to talk, you can get any of these guys to settle by making one single call. You just have to be talking to a key decision maker, not some 10.00 / hr "paralegal". Its all a sales pitch. "either do what I want now... or i sue"

I am absolutely convinced. IMO. You certainly appear to be a person who knows how to get things done. You most likely sounded very convincing on the telephone ("calling from the courthouse") and in your writings. I admire you. Some people are gifted as such.

In reality, that's exactly how all these illegal Collection Activities and Inquiries should be handled. Where the CRAs and CA/JDBs had violated the law, they should be required "to settle" or pay consumers for damages right on the spot. Without forcing consumers to go through the costly judicial system. Ongoing disputes with them about illegal Inquiries on invalid debts is ridiculous.

The CRAs and CAs/JDBs (with unclean hands) should be prohibited (by law) from clogging up the judicial system for years and years. They are not allowed to clog up the FTC System. The FTC gets paid. That's for sure!

BTW, do you have people in the FTC. I am only kidding.

Congratulations!!! And enjoy. Hope to hear from you on Monday (1/29/2007) or Tuesday.

[mparksmagic]

Well I just got in .. Thanks for that.. No fax back yet. Expect to hear by late today, if not, guess whos getting a phone call.

The only issue is not everyone out there knows the proper techniques in handling a call like this. I think you are right when you say this is how the situation needs to be handled. If someone wants to try this and is scared to call. Dont be if it is an actual issue or violation you are calling about.. What is the worst that can be said, no, and maybe they will actually open your file and realize they made a mistake. Write out a script of the call and practice it prior. Set goals for the call and dont ever back down. Be strong, you made it this far. Keep going till the finish.

[June]

"Expect to hear by late today, if not, guess whos getting a phone call."

I know that's right. You will be calling him, if necessary.

"The only issue is not everyone out there knows the proper techniques in handling a call like this." That's absolutely true. I did not know.

"Write out a script of the call and practice it prior. Set goals for the call and dont ever back down. Be strong, you made it this far. Keep going till the finish."

Thanks for such great advice. But, I'm too chicken to try it. And I am positive that my voice does not sound as convincing as yours. I cannot sell anything. Once their attorney says something that is not in my written script I would most likely "freeze." It's much easier said than done.

I must say, Mr. MparksMAGIC, you know how to work your "Magic"

as your name implies. I would like to be a fly on the wall, when he

cuts your check today or tomorrow.

You are truly gifted and blessed.

I'll be waiting to hear from you late today or tomorrow.

Again, Congratulations and enjoy!

[mparksmagic]

Here is the settlement agreement I sent:

SETTLEMENT AGREEMENT

AND MUTUAL RELEASE OF CLAIMS

This Settlement Agreement and Mutual Release of Claims (the "Settlement Agreement") is made effective this 26th day of January, 2007 (the "Effective Date"), by and between Mparksmagic, whose address is Somewhere in Nashville, Tennessee ("Magic"), and Wolpoff & Abramson, LLC., located at 702 King Farm Boulevard, Rockville, Maryland 20850 (“Wolpoff”). Magic and Wolpoff each are referred to herein separately as "Party" and are referred to herein collectively as the "Parties." There are no other parties to this agreement.

WHEREAS, A dispute has arisen between the Parties relating to Wolpoff requesting a consumer report on Magic from Transunion, a credit reporting agency.

WHEREAS, the Parties wish to resolve their disputes;

NOW, THEREFORE, in consideration of the mutual covenants contained

herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Request for inquiry removal

a. Within fifteen (15) days of the Effective Date of this Settlement Agreement, Wolpoff shall request that Transunion remove the inquiry “Wolpoff & Abramson, LLP” dated May 8th, 2006 from Magic's consumer report.

b. Within fifteen (15) days of the Effective Date of this Settlement Agreement, Wolpoff shall send Magic a copy of the inquiry removal request sent to Transunion.

2. Payment by Wolpoff

Within fifteen (15) days of the Effective Date of this Settlement

Agreement Wolpoff agrees to pay Magic the sum of Five Hundred Dollars

U.S. ($500.00) by check sent to Magic's address to resolve damages sustained from missed work and requesting Magic's consumer report without a permissible purpose as stated in [15 U.S.C. §1682b].

3. Releases

a. Release by Magic. Magic specifically releases, waives,

and forever discharges Wolpoff, its successors in interest, its past, present

and future assigns, officers, directors, subsidiaries, affiliates, insurers and

underwriters, from any and all past claims, demands, actions, liabilities and

causes of actions, of every kind and character, whether asserted or unasserted, whether known or unknown, suspected or unsuspected, in law or in equity, for or by reason of any matter, cause or thing whatsoever, arising out of the claims asserted by Magic regarding Wolpoff’s request for Magic's Consumer Report.

4. No Admission of Liability

Each Party acknowledges and agrees that this Settlement Agreement is a compromise of disputed claims and neither this Settlement Agreement, nor any consideration provided pursuant to this Settlement Agreement, shall be taken or construed to be an admission or concession by either Magic or Wolpoff of any kind with respect to any fact, liability, or fault.

5. Entire Agreement

This Settlement Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and there are no inducements, representations, warranties, or understandings that do not appear within the terms and provisions of this Settlement Agreement. This Settlement Agreement may be modified only by a writing signed by both Parties.

6. Attorneys' Fees

In the event of litigation between the Parties arising out of or related to the performance or non-performance of any obligation of any Party to this Settlement Agreement, the prevailing Party shall be entitled to recover its attorneys' fees and costs incurred.

7. Authorization

Each individual signing this Settlement Agreement warrants and

represents that he has the full authority and is duly authorized and empowered to execute this Settlement Agreement on behalf of the Party for which he signs.

8. Choice of Law

The provisions of this Settlement Agreement shall be governed by the

laws of the State of Tennessee, including any action arising out of this

Settlement Agreement.

9. Severability and Construction

If any provision of this Settlement Agreement shall be held by a court

of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Settlement Agreement has been negotiated by the Parties and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Party.

10. Binding Effect.

This Settlement Agreement shall be binding on the Parties, their

successors in interest, and present and future subsidiaries, assignees or

acquirers, including any acquirer of substantially all of the assets of a Party.

IN WITNESS HEREOF, Magic and Wolpoff have caused their duly

authorized representatives or themselves as an individual party to execute this Settlement Agreement to be effective as of the Effective Date.

[June]

Magic, this is Great! You are wonderful!

I was too "scared" to ask you to post anything. Thanks.

If you do not mind, I am making a copy for my records.

Unless I am missing something, the only problem I have with your Settlement Agreement and Mutual Release of Claims is the "3. Releases" clause. What if Wolfpoff, its successors in interest, its past, present and future assigns, etc., violate the law in the future? I am thinking may be this should have been worded differently for protection of your rights? Mr. Magic, what do you think?

Quote:

"3. Releases

a. Release by Magic. Magic specifically releases, waives, and forever

discharges Wolpoff, its successors in interest, its past, present and future assigns, officers, directors, subsidiaries, affiliates, insurers and underwriters, from any and all past claims, demands, actions, liabilities and causes of actions, of every kind and character, whether asserted or unasserted,

whether known or unknown, suspected or unsuspected, in law or in equity, for

or by reason of any matter, cause or thing whatsoever, arising out of the

claims asserted by Magic regarding Wolpoff’s request for Magic's Consumer Report."

[mparksmagic]

Thus the last sentance in paragraph 3.

arising out of the

claims asserted by Magic regarding Wolpoff’s request for Magic's Consumer Report."

and not pertaining to any other matter.

[June]

I don't know, Magic.

Thus the last sentance in paragraph 3.

Quote:

arising out of the

claims asserted by Magic regarding Wolpoff’s request for Magic's Consumer Report."

and not pertaining to any other matter.

Maybe it's just me, but since you mentioned it, I think that

"dated May 8th, 2006"

at the end of the last sentence in paragraph 3 could not hurt.

Wolpoff and their attorneys cannot be trusted to know that you meant "and not pertaining to any other matter."

Please advise. Thanx.

[mparksmagic]

Good idea, I see your point. I already sent a signed agreement on friday though.. Whoops.

[IHateCAs]

Letting them off easy for $500.

[June]

Good idea, I see your point. I already sent a signed agreement on friday though.. Whoops.

You did very well.

$500 without court costs, attorney fees and without appeals. That's good.

Just that I would have felt more comfortable with that date in there.

[mparksmagic]

Just got the fax back, he attached copies of letters sent to the CRB's on W&A letterhead. Here comes my money...

[June]

Just got the fax back, he attached copies of letters sent to the CRB's on W&A letterhead. Here comes my money...

And he is right on time too!!!

MAGIC, you had me convinced from day one.

Again, Congratulations and enjoy!

(*Not bad for 2 hours of work. huh? )

[mparksmagic]

Well, I got the fedex today..

Not suprised but it did not contain a check. Only 2 copies of letters sent to the cra's requesting removal of the inquiry and a letter stating that W&A is not in the position to honor the settlement agreement "as proposed", completely different from what he said on the phone. Typical...

I guess they did the main thing that I asked them to by removing the inquiry. I dont really want to spend the next 6 months chasing 1000.00, yes.. I know, its the point but honestly I just dont want to put anymore effort into it. If anyone has any input, please provide.

Thanks again for the support.

[June]

Well, I got the fedex today..Not suprised but it did not contain a check. Only 2 copies of letters sent to the cra's requesting removal of the inquiry and a letter stating that W&A is not in the position to honor the settlement agreement "as proposed", completely different from what he said on the phone. Typical...

I am certainly surprised and annoyed because he had already faxed the 2 copies of letters sent to the CRAs, so now he Fedex'd the same two letters with a another letter WITHOUT your $500 check. Actually I'm p'd.

I guess they did the main thing that I asked them to by removing the inquiry. I dont really want to spend the next 6 months chasing 1000.00, yes.. I know, its the point but honestly I just dont want to put anymore effort into it. If anyone has any input, please provide.

Mr. Magic, perhaps you could try this: Fax a revised Settlement Agreement and Mutual Release of Claims with the $1000 Payment clause this time, and revision of paragragh 3. Release to include the date, and "threaten" to sue. Not that you will, just threaten. What do you think? Just one more fax!!! C'mon. It Cannot hurt.

[mparksmagic]

Might as well.. I will also include a draft of a warrant obtained from the local clerks office.

**Edit** Just realized I woke up 30 minutes ago and its not such a good idea to send something not from the courts. I will fax a draft of my complaint on regular letterhead, not a court warrant.

Any advice on this... Should I draft a complaint or just let it go.

[June]

Might as well.. I will also include a draft of a warrant obtained from the local clerks office. **Edit** Just realized I woke up 30 minutes ago and its not such a good idea to send something not from the courts. I will fax a draft of my complaint on regular letterhead, not a court warrant. Any advice on this... Should I draft a complaint or just let it go.

Good Afternoon. Did you have your cup of coffee?

MAGIC, you know what I think. I say, draft the Complaint, DON'T let it go. When I really think about it, he may be testing you to see if you would accept the Delete and "go away." Go ahead fax the Complaint, it should not take too much more of your time or money.

[SOC]

I say he deleted, He knew they were wrong,

and strict liabilty. Theres got to be money there somewhere.. lol

[mparksmagic]

Whoops.. Double post.

[mparksmagic]

Great... I see both of your points well. Any ideas on how to address this? I have his direct email address. Should I send an email stating

I am in receipt of your letter dated Jan xx, 2007, regarding your firms inability to proceed with the settlement agreement "as proposed". While I appreciate your firms goodwill in removing the inquiry from my credit reports, it does not address the fact of damages caused to me. Please be notified that the prior communication was my final goodwill effort to resolve this matter amicably and now I have no choice but to bring it to the court and request the maximum for statutory damages, $1,000 for violation of FCRA and $3,000 in treble damages per State of TN business practices code. If I do not receive a response prior to monday, Feb. 5 2007 regarding your firms agreement or disagreement to the proposed settlement agreement, (which I may add is very reasonable considering the severity of damages) and the reasons behind such decision, my next communication will be through the courts.

Your firm may reply by email.

[June]

Magic, you are honest, brilliant and have several great ideas about handling this situation. You know how to take care of business! Whatever you decide here sounds good; be it Faxing a draft of your Complaint or Emailing a letter of your intentions. Just don't let it go.

Best Regards,