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Just thought I'd share


Bentrabbit
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This DV response just came in from a CA that is on my EX only. The OC is not anyone whom I've ever had an account with (some Internet provider) and so I requested verification of the debt last week from the CA.

They sent me four PAID invoices with the 'Paid' amount crossed out by hand and a '0' written in its place, and the same with the Amount Due field; The '0' crossed out and a dollar amount written in. :roll:

There was an email address for the account that was set up and it wasn't a name belonging to anyone in my family (looks to be a firstnameLastinitial format).

My name and an old address appear in the 'Bill To' field, so that's their proof that this account is mine.

I have to wonder if the CA even LOOKS at this stuff before sending it out???

Anyway, DV2 to these morons will be sent within the hour... Just wanted to give folks here more to read and bump my post count to get closer to sending PM's and reading Sig links...

;)

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Fidelity National Credit moved to top of my litigation list! (naming names)

Got a phone message yesterday from Kristine Anderson from Fidelity.

I called her back. She's with Fidelity Credit, evidently, the latest debt collector to violate my rights!

(Claim backround. former AT & T bill. I had 2 phone lines I canceled with them in April 2007 and AT&T only canceled one and kept billing me for other. Tried, in vain, 20 different times to clear up. Anyway a bogus $800 claim.)

She gives me the niceties and talks about my responsibility for this $800 bill. I say this is AT&T's error and I'm not paying it! She asks me to fax over paperwork. I ask her to send over FDCPA dunning notice first so I can exercise my FDCPA validation and verification rights first. (She starts to get aggravated.) She says this is not a consumer debt, its a "business debt". I explain to her that her computerized attendant voice mail disclaimer inadvertantly subjected her to FDCPA. Then I say," irregardless, this debt is over the 2 year Federal SOL on Telecommunications."

She puts me on hold. I look for NCLC update on federal law 2 year SOL while she has me on hold to consult the "legal department".

She comes back on and I read her 47 USC 415 (a) verbatim!

I then ask her, are you attempting to collect this debt in violation of WI's Statue of Repose?

She asks me how I know all this. I tell her that I have a particular "ax to grind" against AT&T.

She then starts the mind games and says, "so you are researching and looking for ways to avoid paying this debt then?" I try to reply.. but she cuts me off and starts screaming with me.

I yell over her, while she's talking, "Are you attempting to collect this as a valid debt?"

She hangs up!

That's not how its supposed to work! I wanted to talk to her about her violations of state and federal law!

Debt collectors are losing their touch if that got them "flustered".

heh-heh

American Services Recovery is lucky. I was just finishing lawsuit against them. I have to put it down to file suit against Fidelity National Credit.

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TrueQ - maybe spouting off that you know the law prevents them from slam dunking multiple violations once they know you're a smart cookie.

I'd rather play dumb and ask questions without them knowing that I already know the answer. The old "what do you plan to do if I don't pay this debt" question usually triggers something fun.

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I'd rather play dumb and ask questions without them knowing that I already know the answer. The old "what do you plan to do if I don't pay this debt" question usually triggers something fun.

WOW...you guys are soooo baddd...lololol. Best laugh I've had in ages. Thanks 8-)

RebelLady

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Since the WI Statue of Repose was in play...and as soon as I read her the federal SOL...and she continued to attempt to collect....its a Wisconsin Deceptive Trade Practice as well as a violation of Wisconsin Statue of Repose. The WDTP clearly covers oral representations.

Since I was crystal clear about the law and the situation of the bill...

the violations were already made.

I got so many people to sue at this point, I didn't really need to have Kristine torture herself more, legally speaking.

Almost got the Fidelity suit done:

1.) FDCPA violation--misrepresentation of debt, failure to dun.

2.) Wisconsin Consumer Act violation---misrepresentation, exercising right they know not to exist, etc.

3.) Wisconsin Deceptive Trade Practices Act--

a. The defendant made a representation to the public with the intent to induce an obligation.

b. The representation was untrue, deceptive or misleading.

c. The representation caused the plaintiff a pecuniary loss.

4.) Violation of WI's Statue of Repose.

Its a fairly "meaty" lawsuit at this time, but I still agree with you, always let collector violate your rights.

I probably played a "little too hardball" with her.

I think I will try calling her back again today and ask her where the FDCPA dunning letter is that she promised to fax over to me yesterday, THAT SHE FAILED TO DO!

Oh wait a minute---another deceptive statement by Kristine. I better stop analyzing the violations or I'll never get this suit filed today!

Edited by trueq
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Are you using the "your honor - I read them the law and told them it was unlawful to continue, but they just kept doing it" to make is absolutely clear that it was willful violation?

Not a bad strategy, I just think she hung up because you might have sounded a little too law savvy and she already got in some basic trouble.

I'm going to start writing my DV's in crayon just so they think I'm retarded...

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There is no question I went "legal egghead" on her, but in this situation it was a good play.

Using the "crayon" approach is probably good 90% of the time. Feigning ignorance about your legal rights with debt collectors is the best strategy in most situations!

We are both devious.

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