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Hello, well I came home today and was looking thru my mail and noticed a letter from Guglielmo & Associates telling me that a creditor, who I owe, has retained their office to collect a claim against me.

I have several credit cards and I have not been able to pay on ANY of them in almost a year. I knew this was coming, and I have no idea what to do. I have considered filing bankruptcy but I can only qualify for chapter 13. The bankruptcy attorney told me that he would suggest that I don't file CH13 and do what it takes to file CH7.

I don't know what to do, I guess I made a mistake thinking that this would all pass and they would not come after me, but I guess I was wrong.

So my question is what to do now? I took this letter as a threat not the real deal, YET? Thanks -

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Thanks for the reply. This company practices in four different states, and the one I live in happens to be one of the states.

Here is some information on what my situation is;

The letter is titled like this:

RE: ARROW FINANCIAL SERVICES LLC

Original Creditor: HSBC CARD SERVICES (III) INC

Debtor No: XXXXXX.XXX

Balance Due: $6541.03

Then it goes on saying I have 30 days to challenge the debt.....

Should I challenge the debt, the debt is definately mine. I really do not know what to do :( . Like I mentioned before this is only ONE of about 13 creditors I have and who knows how many more will come after me.

If I file bankruptcy I will have to pretty much quite my job and move to another state to get a job that pays alot less so I can file CH7. I really can afford $1000.00 a month for the next 5 years, even though the court says I can.

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They may be acting as a debt collector or as a lawyer or as both. First thing to do is spend some time reading in here. Send a VOD letter and see where it goes from there.

Once you know what you are dealing with the process becomes more focused and easier to deal with. It is not enough for someone to merely say that you owe them money. They have to be able to prove it and that they have the legal ability to collect it.

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You will have to accuse me but does VOD mean Validation Of Debt? Can I obtain a VOD that is pretty much completed, and all I have to do is fill in the blanks? I have been reading for hours today and will research more on VOD. Thank you for the heads up on that :)

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I found a pretty good site explaining the process, maybe someone can take a look at the site and see if they think it is a good process? Thanks

creditinfocenter{dotcom}/rebuild/debt_validation{dotshtml}

Please excuse the linking, I do not have enough posts

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You will have to accuse me but does VOD mean Validation Of Debt? Can I obtain a VOD that is pretty much completed, and all I have to do is fill in the blanks? I have been reading for hours today and will research more on VOD. Thank you for the heads up on that :)

There are plenty of examples around the forums. Best to grasp the salient points and compose one in your own style. Everyone has a different approach as to how this should be worded so I wont open up that particular argument/ Suffice it to say the FDCPA has requirements that must be met and gives you certain rights. Use it to at this stage protect yourself and possibly later on to attack the opposition with.

As another poster said nothing is ever a foregone conclusion and whilst things undoubtedly appear bad to you at the moment, they may not be as bad as you think. People can and do successfully fight their way out of tight corners.

Once you have read about the validation process you can figure out how you are going to go about it and may want to come back before you send your letter for more specific advice.

After you request it sit back and wait. No one can say for sure what will happen next. One thing that should happen however is that further collection activities should cease until they validate the debt.

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Thank you, I must say either way I feel better that I am not going to sit back and let them bully me. I do enjoy challenges, and this would be a great one. These CA's are snakes and people that take no effort to find out their rights so I am glad I am taking the extra effort and finding out whats legal :) Here is a VOD that I found and to me it seems like a good one.

I now this is not exactly the way some people would right it but I guess I am looking to see if the legal/correct information is there to get my point accrossed.

Attempt to Validate Debt.

Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.

/* BEGIN LETTER */

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

•What the money you say I owe is for;

•Explain and show me how you calculated what you say I owe;

•Provide me with copies of any papers that show I agreed to pay what you say I owe;

•Provide a verification or copy of any judgment if applicable;

•Identify the original creditor;

•Prove the Statute of Limitations has not expired on this account

•Show me that you are licensed to collect in my state

•Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

•Violation of the Fair Credit Reporting Act

•Violation of the Fair Debt Collection Practices Act

•Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature

Your Name

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Sorry for the double post but, should I have this letter validated by a court, post office or ???? I guess what I am asking is what is the legal way of sending this? Just regular mail? I would assume I should make someone sign for it to show they received it?

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Yep it is a fairly standard letter and does what is required of it. You can send it through regular mail but that is not advised. For your own protection at a later date it is preferable to have the green card returned to you with their signature acknowledging receipt.

Personally I would not use my normal signature.

What happens next is anyone's guess. There are numerous possibilities.

1. You will hear no more

2. They will attempt to validate and get it wrong. You are now at the point of collecting evidence for violations of the Act

3. They will ignore it and simply sue you. In which case you come back here with more details real quick and get help to file a defence.

4. They validate in full and correctly with everything that is required to prove the debt. At this point the members here all faint.

5. One of many other possible things that aren't mentioned above happens. 8-)

Do not forget to keep copies of everything and get used to maintaining a filing system and notes of everything.

You have a long journey ahead of you but it don't necessarily have to be a vacation from hell.

Once again good luck.

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Okay I did what you said I did NOT use my actual signature. I am a little weary about that because to me is would appear that NOT using my actual signal would void the letter. But on the other hand if they cannot validate the debt than they will not respond and it will not matter?

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Okay I did what you said I did NOT use my actual signature. I am a little weary about that because to me is would appear that NOT using my actual signal would void the letter. But on the other hand if they cannot validate the debt than they will not respond and it will not matter?

It is more likely that YOU would be the one raising any queries concerning the authenticity of your signature and probably on a document you had never seen before if you catch my drift. Imagine the fun to be had if your "non normal" signature on a document alleged to have been from 3 years ago and which you had no prior knowledge of were to be entered into evidence before a judge? ;)

Peoples signatures change over time, however those changes do not travel backwards in time.

Having the patience to allow the other side enough time to hang themselves is a positive virtue in this process.

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LOL, priceless :)

I am going to send this off tomorrow and see what happens, wish me luck :)

I have been reading about sending the VOD letter and from every where I have read they said send it via certified mail. The certified mail receipt is vital, if or when, they do not respond within the 30 day time peroid (along with the 15 day courtesy letter) with the CORRECT LEGAL information.

You can throw it in their face and tell them do delete your records. Here we GO!

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I was just filling out the envelope to send these jokers the VOD and noticed the only address I have is a P.O Box. What is the safest way to send a registered or certified letter to them, don't they have the option to deny the letter?

The Company is:

Guglielmo & Associates ATTORNEYS AT LAW

P.O. Box 41688

Tuscon, Arizona 85717-1688

Should I try to find a physical address?? Thanks -

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I was just filling out the envelope to send these jokers the VOD and noticed the only address I have is a P.O Box. What is the safest way to send a registered or certified letter to them, don't they have the option to deny the letter?

The Company is:

Guglielmo & Associates ATTORNEYS AT LAW

P.O. Box 41688

Tuscon, Arizona 85717-1688

Should I try to find a physical address?? Thanks -

The person picking up their mail at the PO would have to sign for it. Why is this a concern?

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I was just filling out the envelope to send these jokers the VOD and noticed the only address I have is a P.O Box. What is the safest way to send a registered or certified letter to them, don't they have the option to deny the letter?

The Company is:

Guglielmo & Associates ATTORNEYS AT LAW

P.O. Box 41688

Tuscon, Arizona 85717-1688

Should I try to find a physical address?? Thanks -

you can try looking up the thier licence informtion , it sould have thier mailing address(s) send a CMRR to the PO box then a "for your records" copy( regular mail) to the other address , here is what i found for them, they have a Web site

ARIZONA

3040 North Campbell Avenue

Suite 100

Tucson, AZ 85719

they are in Nevada, New Mexica, and Utah

http://guglielmoandassociates.com/specialties.html

make sure you tell the judge, they gave you a Po box, instead of thier Phsyical address, as thier correct office addres should be listed on all docs

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Thank you both for the info, I actually did go to their site but did not bother to look for an address, duh :confused:

I have looked thru the lists provided on the Arizona Department of Financial Institutions website and I did NOT find this Guglielmo & Associates Attorneys at law anywhere.

There letter head says they are ATTORNEYS AT LAW, but they are still trying to collect a debt from me so they should be licensed as a debt collector, correct?

So should I go ahead and report them to the Arizona Department of Financial Institutions?

Thanks -

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Thank you both for the info, I actually did go to their site but did not bother to look for an address, duh :confused:

I have looked thru the lists provided on the Arizona Department of Financial Institutions website and I did NOT find this Guglielmo & Associates Attorneys at law anywhere.

There letter head says they are ATTORNEYS AT LAW, but they are still trying to collect a debt from me so they should be licensed as a debt collector, correct?

So should I go ahead and report them to the Arizona Department of Financial Institutions?

Thanks -

attys usaully do not have to be licenced as a debt collector, look under the bar assoc. ( for licence and disipline records) they are "councel" for the CA.

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I am in the learning stages of credit repair - so I'm not sure if the info I provide is accurate.............but if you are being sued in Utah, you must be a member of the Ut Bar Asso.

http://www.utahbar.org/

states:[The membership of the Bar includes active and inactive lawyers, and lawyers who reside within and outside the State of Utah. In order to practice law in the State of Utah, it is necessary to be a member of the Utah State Bar/B]

Also the the web site for Guglielmo & Associates lists a Richard Kennerly for Ut - however, I could not find that name listed in the Utah State Bar directory.

It appears that since they have not filed a law suit, no law has been broken.

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I also looked thru the names on the UTAH state bar and did not find this guys name either. I did some more searching on google and found a law firm with the same address as what is listed on Guglielmo & Associates website.

www[dot]esplinweight[dot]com

I went to their site and noticed that they do debt recovery so maybe they are using this law firm and the person of contact was this Kennerly Richard T and he no longer works there.

I am going to do some more research, thank you all for your help, input and advice. ;)

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