chelseagirl Posted November 28, 2007 Report Share Posted November 28, 2007 Hi all I will try to make this as short as I can.....I received a phone call from Wolpoff & Abramson Sept. 20 for an old credit card debt. I immediately sent a DV. No answer, so I sent a 2nd DV Oct 22. Today I received a packet from them (regular 1st class mail) with computer generated statements. It states my last payment as May 2004 and charge off Dec 2004. SOL for Pennsylvania is 4 yrs. so the account is within SOL. They are in Maryland, will they sue me if they are out of my state? What should I expect? Is there something I can do to stall this??? They are NOT reporting on any CRAs. I am really nervous because I am in NO situation to even offer a payoff. Any suggestions? THANKS!! Link to comment Share on other sites More sharing options...
willingtocope Posted November 28, 2007 Report Share Posted November 28, 2007 Computer generated? By the OC, or W&A? If they aren't on OC letterhead, send them back another DV pointing out that validation must come from the OC and not just regurgiate what they have on their own computer.This might not fly if they decide to sue, but you don't have much choice at this point. You need to keep the paper war going... Link to comment Share on other sites More sharing options...
chelseagirl Posted November 28, 2007 Author Report Share Posted November 28, 2007 Thanks for the reply. Unfortunately, I think the statements are original, but just copied. The OC is Discover. Do they need to validate more than what they sent me? In the DV letter I asked for a contract with my signature and also a letter of sale or assignment from Discover giving them the authority to collect this debt. Do you think they will sue anyway? (even if they are in Maryland?) Thanks! Link to comment Share on other sites More sharing options...
chelseagirl Posted November 28, 2007 Author Report Share Posted November 28, 2007 Thanks for the reply. Unfortunately, I think the statements are original, but just copied. The OC is Discover. Do they need to validate more than what they sent me? In the DV letter I asked for a contract with my signature and also a letter of sale or assignment from Discover giving them the authority to collect this debt. Do you think they will sue anyway? (even if they are in Maryland?) Thanks!I forgot.... 1 more question! What should I do next???? Link to comment Share on other sites More sharing options...
willingtocope Posted November 28, 2007 Report Share Posted November 28, 2007 Validation is in the eye of the judge...so, its tough to predict. Its also tough to predict whether they will sue or not. For the most part, it depends on things beyond your control or that have nothing to do with you. If they've got lots of other suckers on the hook that don't know their rights, they may not get around to you. If they do happen to pull your credit, and find you don't really have much to go after, they might not sue.As to what's next...well, first figure out for sure who owns it. If its still with Discover, respond to MB with another DV letter saying, in effect, "I don't accept your phony printouts...show me something from the OC that says this is mine". If its been sold to MB, then look into the "chain of custody" approach. Link to comment Share on other sites More sharing options...
pointman Posted November 28, 2007 Report Share Posted November 28, 2007 Wolfpoop and A-bra-wearing-man are big into intimidation.They sent a courier out to serve me and not knowing they even existed, I accepted the summons. I get served subpoenas on a regular basis so I was caught off guard.I ignored the summons and figured I'd deal with the court system when and if the day came. That's been over 2 years ago and the account they were dunning is now out of SOL and was sold to a CA that eventually folded to my DVs.I'm not saying that's what you should do, since my state of Texas is a debtor friendly state, but that's what happened in my case.I may deal with them eventually but I'm not afraid of 'em. Link to comment Share on other sites More sharing options...
chelseagirl Posted November 28, 2007 Author Report Share Posted November 28, 2007 How can I find out if the account was sold? I know in the past I got collection letters about this account from: Eric Berman & Associates, NCO, Shwartz & Shwartz (law firm) and now Wolpoff & Abramson (just a phone call, no letter). I know, I know....I shouldn't have ignored them, but I think now, because I am older a bit more wiser, I want to clean up my credit and not be sued. In the past, I didn't have a care in the world. Now I am paying for my bad mistakes. Link to comment Share on other sites More sharing options...
chelseagirl Posted November 28, 2007 Author Report Share Posted November 28, 2007 POINTMAN..... Didn't they try to get a judgement against you???? Especially if you accepted the summons? Link to comment Share on other sites More sharing options...
pointman Posted November 29, 2007 Report Share Posted November 29, 2007 Not to my knowledge. The summons was actually for an arbitration hearing. I didn't find out until coming here that the National Arbitration Board is essentially in cahoots with WOLFPOOP. Wolfpoop usually wins and then they scratch each other's back and pass money under the table.Their automated dialer called my home at the same time every morning for several months but I never answered. The process server showed up at my workplace... He left the property trembling and sporting a small wet spot in his crotch. I don't think he had ever been asked to leave government property at gunpoint before. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 29, 2007 Report Share Posted November 29, 2007 "He left the property trembling and sporting a small wet spot in his crotch. I don't think he had ever been asked to leave government property at gunpoint before."Do tell! PM me, don't want to thread-jack - but I gotta hear the story! Link to comment Share on other sites More sharing options...
pointman Posted November 29, 2007 Report Share Posted November 29, 2007 You've got mail Link to comment Share on other sites More sharing options...
hopelesscred Posted November 29, 2007 Report Share Posted November 29, 2007 Hi all I will try to make this as short as I can.....I received a phone call from Wolpoff & Abramson Sept. 20 for an old credit card debt. I immediately sent a DV. No answer, so I sent a 2nd DV Oct 22. Today I received a packet from them (regular 1st class mail) with computer generated statements. It states my last payment as May 2004 and charge off Dec 2004. SOL for Pennsylvania is 4 yrs. so the account is within SOL. They are in Maryland, will they sue me if they are out of my state? What should I expect? Is there something I can do to stall this??? They are NOT reporting on any CRAs. I am really nervous because I am in NO situation to even offer a payoff. Any suggestions? THANKS!!I Dv'ed them a few months ago and never heard a thing...It appears that this account has been sold and assigned multiple times..so chain of title and act ownership comes into question. W&A does not report to the CRAs. Link to comment Share on other sites More sharing options...
chelseagirl Posted November 29, 2007 Author Report Share Posted November 29, 2007 I Dv'ed them a few months ago and never heard a thing...It appears that this account has been sold and assigned multiple times..so chain of title and act ownership comes into question. W&A does not report to the CRAs.Thanks for the reply. Should I send another DV asking for ownership??? Or if they were assigned this account???? What would you suggest? Link to comment Share on other sites More sharing options...
hopelesscred Posted November 29, 2007 Report Share Posted November 29, 2007 Yes definitely send another DV....make sure you make them aware that you will fight this...As of now per your posts--the only thing they've proven is that charges were made on an alleged acctsDo they have a signature and a copy of the orig app?They'll need to prove act ownership and chain of title--are they legally entitled to collect.You may not be able to get anywhere with it in court...but some CC's will have "no matter where u live, this agreement is governed by the state of...." That state (ie NH and VA) may have a shorter SOL period. Link to comment Share on other sites More sharing options...
chelseagirl Posted November 29, 2007 Author Report Share Posted November 29, 2007 Thanks hopelesscred....you have been very helpful. I want to send out another DV but I'm not sure how to word it correctly. I will ask for signature and copy of orig app. Do you think Wolpoff bought this debt OR were just hired to collect it? I don't know if they are a JDB or collection agency. Most of the post I read state they are a JDB. Link to comment Share on other sites More sharing options...
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