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What should I do with Brachfeld and Associates???


maaj
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I recently noticed a hit on one of my credit reports from this scumbag, Brachfeld & Associates (apparently it is not a law firm like they are saying, but just one lady and her assistants).

Well they sent a letter dated AUGUST 1, 2007 to my parents address and I am just now getting the letter. It is past the normal 30 days you have to dispute the validity of the debt so what should I do???? Do I send a DV stating that they have the wrong address and giving my correct information. (note: I am at a point with my credit where I can't make much progress since a lot of stuff will fall off the first couple of months next year). I would LOVE for this "law firm" to harass me because the SOL has expired some time ago. The OC is Sears (which they have already been removed from all credit reports.

Any suggestions on how to get started with these people would be truly appreciated. This will be my first real BATTLE!!! I am ready to go! :twisted:

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Hello!

The following is how I'd proceed against B&A. It's ultimately up to you how you handle this bully.

I would send them a DV letter asking them to correct your address in your system. At the same time let them know that written communication is the only way they are allowed to converse with you. This is unless, of course, you like talking to CA's while trying to record violations of the FDCPA. Include your phone number at your own risk (they like to call in my experience).

Because the letter arrived to you at this late date, let them know you are retaining the post marked envelope from the parents used to forward the dunning letter. Tell them you retain your rights to dispute because they sent it to the wrong address. (Not sure if you can retain your 30 day rights from first contact in this situation, but it's worth a shot to argue the point in your DV letter.)

Then wait and see what they send you. From what I've read and experienced they willfully break the law hoping the consumer will give in.

One of the violations I have listed in my lawsuit is "leading me to believe litigation had started by leaving messages with a case # attached". It's not a matter of if they'll violate, but when.

Good luck with these guys! Keep notes and check to see if your state requires them to be licensed!

StressPot :)++

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Thank you very much! I will do all of what you said and I will include my phone number because like I said I am ready to fight this one!!! I am tired of LVNV and Resurgent and all of these guys (I think they are all connected) playing their games.

I am going to look more into finding out if I can still retain my 30 day rights since they mailed to letter to the wrong address. But even if not, I will include that in my letter. I also am going to look into the licensing issues with my state because I am hoping that will be another violation and I hope we have the triple awards here, but I am not thinking we do (I am in Alabama). I will also be sure to notify you of anything I find against them in my research and if you happen to remember me when you run across anything I would be very appreciative of it! Good luck to you as well and I will keep everyone updated.

Also if anyone else has any experience or if anyone has advice as to the 30 day issue I am having any imput would be great!!! Thanks to everyone on this board. I am kind of nervous about this even though I already know this is out of SOL and the OC is GONE from all reports.

Hopefully I can get them in action quick, and get them making violations, I will take them to court and hopefully win and get some money for my upcoming wedding since I just got engaged last week, ha!! 8-)

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Good luck with catching violations!

It's one thing to know that CA's violate federal and state laws, but it's another when you are on the receiving end.

- I have seen them cry and whine just recently in written communication in my lawsuit/settlement negotiations about fair play.

- I have seen just today in a post they are STILL violating WA state law by attempting to collect from someone unlicensed!

They deserve what they get - go get em!!

StressPot

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Michelle,

How far do you live from you parents? How long ago did you live with your parents? If it recent, I'd bet you can not get a new 30 day DV time frame. But, if like you said, the debt is past SOL, don't worry, the DV is not an issue. Let these imbeciles build up a list of FCRA and FDCPA violations and sue them.

Good Luck, and hope you do well with it.

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