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Winn & Simms at it again.


marjoe
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Ok to make this even more interesting. I had a car repossesed back in 2007. I got a call from simm associates saying i owe for the remaining balance. I stopped answering the phone after i asked them to send me something in writing. they still havent mailed anything. They started to call the place i work for and spoke with a supervisor. (not even mine). He pulled me to the side and stated how much i owe, who i owed it to and why i owed it. They even said if i dont call they will have me put in jail. my supervisor stated he will testify in court to that. I kept ignoring the calls. they faxed a letter over an open fax line explaining the debt (i still have the copies). the letters made it to my hierarchy. my bosses boss pulled me into the office and laughed saying they are violating all kinds of federal rules. But i called and gave them my bank account and routing number out of fear of losing my job. they set up a payment for the friday two days thanksgiving. I couldent get to the bank because they were closed so on monday when i found out the draft was being returned to them i immediatly called them and gave them a debit card for a one time payment (out of fear of the bounced check laws) instead they draft my account again. so now two bounced drafts. i finally got them to take the debit card payment and the first bank draft. I am in the process of filing chapter 7 can i stop paying them? if they draft my account is it considered a bad check. i have an appointment with a bankruptcy lawyer on tuesday to start the bankruptcy. how do i get them for causing me to almost lose my job? its like i try to do right and i get screwed even more. thanks in advance for the help

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marjoe,

You should post this in the bankruptcy topic thread to get more responses. Or you could just start a new thread with your question in the collections thread depending upon your situation (not trying to be mean, just to help you get the answers you need).

You definately have a violation on your hands. Is this debt the only reason you are considering filing BK? If it is, then you may want to hire a consumer attorney at naca.net instead with the evidence you have against simms and assoc to get rid of this debt and have them pay you for the violations.

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i have an appointment with a bankruptcy lawyer on tuesday to start the bankruptcy.

Contact your bank on Monday morning and ask them what you need to do to block EFT transfer requests. Ask your attorney on Tuesday to refer you to a good consumer law attorney in your area and file a suit against simms for their various FDCPA violations. Even though Simms is a law firm, they are still subject to the FDCPA.

Who is Simms collecting for, anyway?

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I stopped answering the phone after i asked them to send me something in writing. they still havent mailed anything.

Now, if you want to try to do this without an attorney, you might consider the following.

Send a letter requesting again (you said you did it verbally) for them to send you a "calculation on how they arrived at the balance they are trying to collect." Make sure you at least use the word "calculation." Don't be any more specific than that and don't quote any laws. Then, wait 14 days. Don't talk to them, don't respond to any written communication. Read F.S. 679.616 and you'll know why.

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What you would be requesting is a "calculation of surplus or deficiency" as allowed in 679.616(2). If they do not send you the requested information in sufficient detail to comply with 679.616(3), they must, in the alternative, send you a notice waiving all rights to any claim on the alleged deficiency. That is required under 679.616(2)(B).

If they do neither, and send you nothing or simply send you a demand for payment, they are liable under 679.625(1) and 679.625(5), as specifically indicated in 679.625(5)(f).

If they sue you for the alleged balance, you have 679.625(1) as a defense and most likely 515.715 as well. 515.715 is an absolute bar to any lawsuit for a debt where the assignee fails to provide the statutory notice. On top of that, you can file a counterclaim for your $500.00 in statutory damages under 679.625(5). Even if they don't sue you, you can bring your own action for violations of 679.616(2)(B).

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I would find a good NACA Lawyer. My attny is working on a lawsuit against Simm Associates as I type this. Let their calls go to voicemail and you can rack up against them. They will continue to try and pull from your account. My dh made a payment with debit card and I went and cancelled card. Then they left all kinds of voicemail about bad checks, etc. They are scum and violate all kinds of things. If you check my posts, you can see some of the stuff they said and did to dh. Good luck.

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Contact your bank on Monday morning and ask them what you need to do to block EFT transfer requests. Ask your attorney on Tuesday to refer you to a good consumer law attorney in your area and file a suit against simms for their various FDCPA violations. Even though Simms is a law firm, they are still subject to the FDCPA.

Who is Simms collecting for, anyway?

I believe they said Simm Associates which is not the law firm Simms. Tricky name on their part. I also filed complaint with BBB, AG, and FTC. I even went so far to write Toyota so they would not condone this behaviour. They closed their collection against us but I still have lawsuit in works.

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