montanatim Posted August 26, 2007 Report Share Posted August 26, 2007 Removed to avoid makia's surprise. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 26, 2007 Report Share Posted August 26, 2007 Not to burst your bubble, but the SOL on CC's is very often considered "written" since the terms are based on "written instruments" (you sign every time you charge). Your best bet is to DV them within the 30 days. Link to comment Share on other sites More sharing options...
brokeinok Posted August 27, 2007 Report Share Posted August 27, 2007 According to one of the main info pages on the site with the sol's listed, a credit card is always an open-ended account, is that not true? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 27, 2007 Report Share Posted August 27, 2007 According to one of the main info pages on the site with the sol's listed, a credit card is always an open-ended account, is that not true?Others and I have said this over and over.. THAT NEEDS TO BE CHANGED! There are more cases than not that CC are based on written instruments and the SOL is based on "written terms". The only CC that are definitely open-ended are things like, best buy, jcpenny, circuit city.. any store brand card. Do a search on this forum. You will find LOTS of threads where people have been sued and found that VISA, MC, Discover, AMEX and etc brand cards are "written". Link to comment Share on other sites More sharing options...
divemedic Posted August 27, 2007 Report Share Posted August 27, 2007 Yes, under the UCC, all credit cards are open-ended accounts. The problem is that the SOL does not put it that way in many states. For example, in Florida, the SOL is whether or not the debt is "based on a written instrument." Link to comment Share on other sites More sharing options...
nascar Posted August 27, 2007 Report Share Posted August 27, 2007 According to one of the main info pages on the site with the sol's listed, a credit card is always an open-ended account, is that not true?The information on this site incorrect. Link to comment Share on other sites More sharing options...
montanatim Posted August 27, 2007 Author Report Share Posted August 27, 2007 I still have the base questions. If the CA is renting the attorney letter head, is there a way to prove this that anyone knows of? could the DV process tie it up for the 6-7 months I need for SOL experation? All the other JDB's called, sent letters then gave up and sold it. Are they perhaps fishing for a good address to serve on? Link to comment Share on other sites More sharing options...
USofA Posted August 27, 2007 Report Share Posted August 27, 2007 First things first, send off the DV. You need to do that no matter what to protect your rights.As for this letter. This is just a standard dunning letter. They have not considered it for legal action, they just want you to think they have. I would send the DV and keep this letter. Then watch for anything else they do that violates the FDCPA. Like continued collection activity after the DV letter received. If they follow up with any violations, and you do decide to go after them, I would include this as attempting to violatin 1692(e)(3). The courts are very picky about attorney letters. Then when you get to discovery you can find out if this is a attempt to convince you that the letter is from an attorney. it should be easy to prove. Link to comment Share on other sites More sharing options...
montanatim Posted August 27, 2007 Author Report Share Posted August 27, 2007 Here is an update; Got a second letter today just like the first except they increased the amount by x dollars and change. BUT it was mailed from Portland OR. with this attorneys return address in (different state). I ran a check on all attorneys listed on the letter head, and none are practicing in OR. I'm trying to track down the registered users of the postal meter from Pitney Bowes but they seem to be reluctent. Any body work there or know some way to expidite this information? Link to comment Share on other sites More sharing options...
rella5 Posted August 28, 2007 Report Share Posted August 28, 2007 I got the exact same letter from the same guy in NH. Did the reference line on yours say:Client: (JDB name) as successor in interest toOriginal Creditor: (OC name)how do you know it was mailed from Oregon? Mine doesn't have a location on the pitney bowes stamp. Link to comment Share on other sites More sharing options...
montanatim Posted August 28, 2007 Author Report Share Posted August 28, 2007 Yes mine reads the same, and I went to the post office to find out where the zip was from.It says zip 97230 right under the date which is right under the amount of postage. The only out fit listed in the internet phone book in that zip code is Vanguard adjustment co. and that's a repo place as far as I can tell. The closest thing I can find is Asset Recovery Group Inc. zip 97215 in Portland. Save that letter and envelope please. ANYONE ELSE OUT THERE GET ONE OF THESE? If we should be able to prove violations perhaps we can all go togather and share an attorny. If they mailed even 500 of them think of the slap they'ed get. I'm not sure if I could sue the attorny or the CA or both, anybody know? I've contacted the postal inspector to try and get the meter info, don't know how far I'll get, I'm trying everything I can think of. Has anyone gotten a letter from the CA (their name)? I would like a good address on them. The only thing that comes up when I Google it, is another outfit that transposes rec & mang, in Calif. I don't think it's the ones I want. Link to comment Share on other sites More sharing options...
rella5 Posted August 29, 2007 Report Share Posted August 29, 2007 I am confused as to what the violation is. Are you thinking that they outsource the mailings to Oregon and just use the atty letterhead? I have rec'd several voice messages from 2 different people identifying themselves as being at "atty R....'s office please call me about an important matter." I'm not sure it really matters where they mail the letter from. Link to comment Share on other sites More sharing options...
montanatim Posted August 30, 2007 Author Report Share Posted August 30, 2007 The violation would be misrepresentation, by having it look as though the account has already been turned over to an attorney for legal action. If you notice, in their letter they say specifically that no attorney has reviewed this case. They go on to say that one of their non attorney account managers will speak to you if you call. I may be all wet, but I'm still in the first stages of my investigation. Link to comment Share on other sites More sharing options...
Recommended Posts