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Fulton Friedman & Gullace will sue me!!


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I just come from checking the mail. So I got a letter from Fulton Friedman & Gullace saying they are gonna sue me and I can debt Validate them.

Now I'm not too scare, but what will be the best DV letter, something like:

To Whom it may concern:

I dispute the validity of the debt in its entirety.

Regards

Me

or should I go with something more fancy?

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So I amended it to this:

To Whom it may concern:

In response to your letter sent on march 30, 2012, I dispute the validity of the debt in its entirety.

I also elect arbitration as per the card holder agreement, with National Arbitration Forum (NAF), I also request that you advance any filling fee for the arbitration as per the card holder agreement.

Acct#: ***************

Asset Acceptance LLC Assignee of Bank of America

Regards

Me

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I just come from checking the mail. So I got a letter from Fulton Friedman & Gullace saying they are gonna sue me and I can debt Validate them.

Now I'm not too scare, but what will be the best DV letter, something like:

To Whom it may concern:

I dispute the validity of the debt in its entirety.

Regards

Me

or should I go with something more fancy?

Add alleged debt, and add at the end, and request you validate this alleged debt.

Arb? I know NAF is no longer around. If that is the only venue listed in the contract it would be an interesting argument when they want to use somebody else.

I would not ask them to advance you the fees. They want to sue you? Let the initante the arbitration. Your duty is to properly elect the arbitration.

By the way, I'm not saying you should or should not use arb.

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To Whom it may concern:

In response to your letter sent on march 30, 2012, I dispute the validity of the alleged debt in its entirety, and request you validate this alleged debt.

I also elect arbitration as per the card holder agreement, with National Arbitration Forum (NAF). I also request that when arbitration is started you advance any filling fee for the arbitration as per the card holder agreement.

I don't know if I want arbitration but is a good way to have them think twice before they file. Anyway I still need to sign the arbitration papers so I can always say I don't want it later.

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I guess you are right. What I'm trying to write is that I prefer arbitration as per the cardholder agreement. Anyway I could do that if I need to in a motion to compel arbitration. So I'll delete that and just put the DV thing.

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DV letter sent, certified mail with signature confirmation. Now comes the question this is a BofA cc sold to Asset acceptance in late 2011. In februray I sent them a C&D, and so they send it to Fulton Friedman & Gullace LLP, I guess they gonna sue me soon since from what I google on them said they where quick. Las payment april 2009, BUT account was already in default, so the payment restarted SOL, but I got a specific date, I don't have to calculate 30 days more, since payment was not minimun payment and didn't get the account out of default. Delaware laws, so if they don't sue in the next week it's out of SOL as per Delaware. Now with the new info in Oregon I could have problems (those cases that JDB's can't sue out of state and so local SOL applies), still they could have sue anytime since january 2009 even with the april 2009 payment, so my defense might well stand considering those are Oregon case laws and I know of some case laws here in Florida that they bite the JDB with Virginia SOL. Anyway any of you have dealt with them? and any advice?

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