CarolinaBlueEyes Posted March 21, 2007 Report Share Posted March 21, 2007 As some of you know I had an issue with a MBNA account a few years ago. They sold it to a collection lawyerThey threatened to send it to arb and they doubled the amount. I was told NOT to sign for any certfied mail from them via bud hibbs and legal counsel (I did not).. They filed with NAF in Sept of 05, . ,they started calling me in feb of O6 .. I then went to a local lawyer to contact them.. he did this and spoke to them via phone. The laywer who bought the debt said "WE are going to NAF" there is nothing to settle and hung up".... so of course my local guy dropped it.Fast forward to the last week of Feb this year. My SOL was up Feb 28 on this case. They pulled a credit report on the 22, however did not file anything else with NAF (my federal lawyer checked) and by NAFS own rules they have to refile after 90 days. There is no proof of service (since I did not sign) and therefore no award.. just a complaint paper filed years ago. NAF confirmed this.My Fed lawyer was waiting for the SOL to file suit on their voilations. Today I get a call from the local lawyer saying he has been getting collection calls from some guy named John from this law firm starting about two weeks ago. I realize by law they have to deal with my lawyer however why in the world would they place constant (daily) collection calls to an attorney's voice mail for something out of SOL.. is this normal for a collector to do. What is the point... what are they up to or hoping to gain?? Insight here would be appreciated. Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted March 21, 2007 Report Share Posted March 21, 2007 Incompetence? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Author Report Share Posted March 21, 2007 Incompetence?ROFl... the local lawyer said he thinks someone dropped the ball on the NAF case and of course since I didnt sign it they couldnt provide NAF with proof of service..... but collection calls to a lawyer.. come on they cant be that stupid... and with this arb paper I am assuming they cant do anything with that either... I am just totally confused by thisHowever when I called my NACA fed guy.. he called them to inform them he was new counsel and they couldnt find my file after three people tried to locate it.. what the hell is going on up there? ANY and all posts on this are welcomed! Link to comment Share on other sites More sharing options...
willingtocope Posted March 21, 2007 Report Share Posted March 21, 2007 Oh yeah, they can be that stupid. Specially, if your lawyer hasn't actually talked with them, and they keep getting his voice mail. I'm sure they've got an auto-dialer and really don't know who they're calling. And if the debt has now been passed onto a JDB...then the incompetence just gets that much more incompetent. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Author Report Share Posted March 21, 2007 Oh yeah, they can be that stupid. Specially, if your lawyer hasn't actually talked with them, and they keep getting his voice mail. I'm sure they've got an auto-dialer and really don't know who they're calling. And if the debt has now been passed onto a JDB...then the incompetence just gets that much more incompetent.wow.. how scary.. its still in the law office but the law office is a collection company.. but I would assume they hear the lawyers voice on the voice mail saying this is attorney john doe.. he would get a clue.. the lawyer said he did speak to the guy once or twice.. not sure what he said thoughI guess I need to know if you guys think there is anything I should be concerned about regarding this? My NACA guy intends to file suit but I worry I am going to end up paying something.. not sure how but maybe I am just overthinking it.. I am assuming the NAF thing is a dead issue... I just dont know.. this has been so different from my other interactions with bottom feeders.. help is appreciated Link to comment Share on other sites More sharing options...
willingtocope Posted March 21, 2007 Report Share Posted March 21, 2007 Willing.. do you think there is anything I should be concerned about regarding this? My NACA guy intends to file suit but I worry I am going to end up paying something.. not sure how but maybe I am just overthinking it.. I am assuming the NAF thing is a dead issue... I just dont know.. this has been so different from my other interactions with bottom feeders.. help is appreciated Honestly don't know. I guess if you have a couple of lawyers on your side, you've got some protection against really bad things happening. And if the NACA guy thinks there is something to sue over, that's a plus. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Author Report Share Posted March 21, 2007 Honestly don't know. I guess if you have a couple of lawyers on your side, you've got some protection against really bad things happening. And if the NACA guy thinks there is something to sue over, that's a plus.I guess I am just wondering what makes them so bold to place a collection call after the SOL is up to a lawyer. I admit I had never heard that before. The first lawyer dropped the case when he couldnt get anywhere with a settlement. He just called to let me know they were calling him.. I had not spoken to him in over a year until today. Link to comment Share on other sites More sharing options...
willingtocope Posted March 21, 2007 Report Share Posted March 21, 2007 I gotta beleive they either haven't figured out that they're calling a lawyer, or they don't beleive it.And, just because its SOL doesn't mean its uncollectable. I'm pretty sure that even if they did sue, and you raised SOL, so they lost, they could still call to try to collect. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 21, 2007 Author Report Share Posted March 21, 2007 I gotta beleive they either haven't figured out that they're calling a lawyer, or they don't beleive it.And, just because its SOL doesn't mean its uncollectable. I'm pretty sure that even if they did sue, and you raised SOL, so they lost, they could still call to try to collect.oh I know they can call... they can call until you die in theory.. I tried to settle this years ago but when they amount went from 15k to 29K in their NAF complaint.. that was just over the top... well the NACA guy is sending change of legal representation forms.. so they will now be calling him... but again they call and they get the voicemail. you have reached the firm of AB&C... and they have to go through his voice tree to get him (he is one of the partners).. and yet still .. they leave messages.. I just cant get over it..I just wonder if the NAF issue is now dead.. Link to comment Share on other sites More sharing options...
nervousinohio Posted April 12, 2007 Report Share Posted April 12, 2007 ROFl... the local lawyer said he thinks someone dropped the ball on the NAF case and of course since I didnt sign it they couldnt provide NAF with proof of service..... but collection calls to a lawyer.. come on they cant be that stupid... and with this arb paper I am assuming they cant do anything with that either... I am just totally confused by thisHowever when I called my NACA fed guy.. he called them to inform them he was new counsel and they couldnt find my file after three people tried to locate it.. what the hell is going on up there? ANY and all posts on this are welcomed!I just wanted to reply on this post. I have been dealing with Wolpoff for over a year now as well. I agree with you...I think due to all their layoffs or downsizing they are going nuts and cant find files, history, documents etc. Something is very 'fishy' there right now! Out of the blue, they sent letters to an address for me I havent lived at in over 15 years (its my sisters house so she gave them to me..nothing she had to sign for just regular mail) acting like this is the first time they have contacted me all over again. I have been fighting with them and they have been responding to my correct address for months. Its like they are just going from an old list of accounts or something crazy. Im very interested in how this will go.....We can only hope the rumors are correct and they are drowning in their own empire of scum!!!Ive read all your posts and would love to hear any news you come across on your case with them. I will update you too as my battle continues with them and if I have any news. Link to comment Share on other sites More sharing options...
CantCU Posted April 12, 2007 Report Share Posted April 12, 2007 How interesting this post is!Wouldn't it be nice to have 2 attorneys to testify for you of the harrassment by the CA attorney? Sounds to me like their testimony will carry a lot of weight with the judge...and make the CA attorney look like a fool! Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 12, 2007 Author Report Share Posted April 12, 2007 thanks for the post.. its a NAF case and its out of SOL.. they are on a few violations but right now my lawyer is asking them for proof of service to see if the guy "throwing documents at me two weeks ago" constitutes such .. but its not W&A..the low life I am dealing with is Scott Lowery aka collect america/CACH.. who btw are NOT licensesed in my state.If it is proof we have to respond by the end of the month Link to comment Share on other sites More sharing options...
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