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winn and sim


mzsyd
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I recieved a letter from Winn and Sims thier client CAP 1 asking for a total of 2007.86. SOL does not expires until 2008, last payment was in 2004.

It states that they are debt collectors. At this time they are investigating the validity of the claim. No attorney with the firm have personally reviewed the particular circumstances of the account. They have not made the decesion to whether or not file suit to collect the debt. Any suit to collect will be filed by an attorney licensed to practice law in the state in which the compliant is filed. (They are also in Cali, which means they can file suit on me)

Second paragraph...

If you dispute validity of the debt, or any portion thereof,we invite you to explain why. You are not under any duty to tell us anything, but if you decide to do so,we will take any information that you provide to us into consideration in deciding whether this debt is valid.

If you admit the validity of the debt and you would like to make voluntary arrangement to pay it off, you may contact us. If you have any questions regarding your rights or liabilities, please consult an attorney.

Anyone dealt with them before? They seem pretty aggressive. I'm going to DV them and cross my fingers. If I'm understanding this correctly, if I DV they will take that in considering if the debt is vaild...I'm guessing they would assume it is and file suit? I have no money to settle, no house, no savings...

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Hopefully you are within the 30 day period of receiving the initial letter when you DV them.

They have used a very imaginative way of explaining your FDCPA rights. It is not up to them to ... "take any information that you provide to us into consideration in deciding whether this debt is valid."

It is up to them to prove to you that this debt is valid.

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  • 4 weeks later...

I've seen a lot of Winn and Simms lawsuits on my county's online court records. I've actually learned a lot by studying the pattern they use.

They really have one heck of an easy money scheme going. They will file "underlying action of account stated" with the courts which says that:

"...the complaint in this case does not rest upon, and the facts underlying the complaint do not involve, any note, contract or other writing signed by any party except such as are submitted herewith endorsement and filing the clerk , that is: the statement of accounts by the <JDB>." and attach a copy of that dunning letter mentioned above.

It's basically an acquiescence thing, or tacit agreement when a consumer doesn't respond at all. They are basically saying that they don't need to validate with anything from the OC because the consumer didn't object in writing to their collection letter.

Then they submit an affidavit from the JDB they arre representing that says "I am familiar with my company's procedures and say that the debt is valid....blah blah blah." They get default judgements this way all day long.

This is why it's so important to always send a DV letter, especially with W&S.

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I've also noticed that they will attach a tiny, illegible cardholder agreement as well. Whatever JDB they are suing for, they will do so in bulk for whatever OC the JDB bought debt from.

The cardholder agreement they attach is the exact same one for every case originating from that OC, no matter when the account was opened or closed, with no proof that it is the cardholder agreement the consumer is bound by.

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