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Crap One Threatens to Sue!


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Here's the story.

A couple of months ago, a CA based in Ontario, with it's main US office nearby in the Buffalo area, sent me a dunning notice and called me at work a bunch of times. The dunning letter threatened to sue. Can you say overshadowing? (Gl0b@l Credit and Collections)

I waited a few weeks, then sent a full blown nutcase letter, telling them dozens of times never to call me at work again. Hidden somewhere in page 3 was the DV.

They called me a few more times at work after that.

I waited a few more weeks. On Monday I sent them an ITS letter. Also in the ITS letter, I clearly elected arbitration. I listed their violations, and gave them until the end of December to pay $1000 and never bother me again, or else I would sue.

Today I got a call, AT WORK, from a law firm threatening to sue over the Crap One debt.

Two possibilities: Either the CA gave up and then Crap One decided to sue on their own or else the CA decided I was bluffing, and their calling my 'bluff'.

I'm not bluffing. :twisted::twisted::twisted::twisted::twisted:

This could get VERY interesting...

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I had assumed this was a local rent-a-lawyer firm. I didn't get the name of the firm. I'll know soon enough. I did three things.

I told the woman I cannot take those calls at work,

I told her I elect arbitration,

and I confirmed my mailing address.

One of the other guys at my work has been getting a lot of calls from a debt collector calling the wrong number. So, he and I went to the supervisor to confirm that we are not permitted to take calls from CAs at work. The supervisor emphasized we should still take calls from customers.

Oh, wait, isn't that what Briane Pagel said to do in his blog? :twisted:

Oh, gee, please don't sue, esp. without validating and after I elect arbitration. PLEASE don't throw me in the briar patch!

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I had a recent run in w/ Global myself... they were collecting on behalf of Arrow. In their letter it stated that the original creditor was "SEVERAL."

I went ahead and sent a DV letter to both Global and Arrow, and haven't heard a peep yet. That was only 2 weeks ago.

They racked up a bunch of lawsuits against them in Canada before opening up their US office. They also have an office in the UK. All the calls are from Ontario.

They've only been collecting in the US for a few years, but they already have dozens of cases filed against them in Federal Courts.

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I had a recent run in w/ Global myself... they were collecting on behalf of Arrow. In their letter it stated that the original creditor was "SEVERAL."

I went ahead and sent a DV letter to both Global and Arrow, and haven't heard a peep yet. That was only 2 weeks ago.

This happened to me with Hilco Receivables, and Scott Lowery, scumbag lawyer, was collecting for them. I sent a DV letter to the attorney and Hilco and heard nothing. Now low and behold, I have Hilco again trying to collect by using Simm Associates. In the letter it says not to notify Hilco, AS IF.

So i DV'd both Simm and Hilco and I'm waiting to see if they respond. If they don't and Hilco tries again to collect this debt using another attorney, I'm suing them for FDCPA violations.

this is zombie debt pure and simple and if they ain't got the goods, they should give up the ghost.

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You should sue anyone bothering you with zombie debt, except on Halloween. :)

Yeah, if they sue after a DV with no verification, that's a big time violation of the FDCPA. As I mentioned before, this was not only after they failed to verify, but also after receiving an ITS from me that included election of arbitration. Yet another FDCPA violation. Not to mention the state violations. :twisted:

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On the verification issue. I think the summons and complaint and documentation COULD cure that issue.

The arbitration exercise, however, you would have them nailed if they served you a summons and Complaint to verify. This one is even bigger deal under Wis Stas 427.104 (i) and (j).

Always nail them with WI consumer Law!

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Thanks for the tip!

In that case, I'm glad they haven't sued yet. I got the Green Card back from when I elected arbitration. It is marked the same day as when the lawyer's office called me. That might be dicey. OTOH, now I have proof that they received my election, I'm just waiting for a suit!

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On the verification issue. I think the summons and complaint and documentation COULD cure that issue.

The arbitration exercise, however, you would have them nailed if they served you a summons and Complaint to verify. This one is even bigger deal under Wis Stas 427.104 (i) and (j).

Always nail them with WI consumer Law!

Do you mean (L) and (j)? (i) refers to obscene or threatening language. Unless you are referring to a threat to sue as threatening language...

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