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Received a letter from Hunt & Henriques... next step?


Dispiacci
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Hello,

I’ve received a letter from Hunt & Henriques Attorneys at Law and I’m quite at a loss. The letter appears as follows,

“Re: PORTFOLIO RECOVERY ASSOCIATES, LLC/ CHASE BANK USA, N.A.

Account number ending in : XXXX

Balance due as of September 14, 2012: $X,XXX.XX

September 14, 2012

Dear XXXX XXXX

As a result of your default on the above identified account, our client PORTFOLIO RECOVERY ASSOCIATES, LLC has engaged this law firm to attempt to collect the outstanding balance due on your account.

Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute the validity of the debt or any part of it within that period, we will assume that the debt is valid. If you do dispute the debt, or any part of it, in writing – by mailing a notice to this firm to that effect on or before the 30th day following the date you receive this letter – we will obtain and mail to you verification of the debt. An if, within the same period, you request in writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that information too.

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than you attorney or your spouse, about your debt. Collectors may contact another person to confirm your location or to enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or Federal Trade Commission.

This communication is from a debt collector. This letter is an attempt to collect a debt and any information obtained may be used for that purpose.

Very truly yours,

Michael S. Hunt

Janalie Henriques

HUNT & HENRIQUES

The attorney whose signature appears above personally requested this letter be sent after he/she reviewed relevant portions of our file for the limited purpose of sending this letter.”

Does this mean I’m going to get sued? What are my options and what should my next step be?

Some additional information that might be helpful is that I live in California and I think (although not a 100% sure) that the statue of limitations on this debt might have already passed or might be close to passing. It is four years without making payments, correct?

Any help or advice would be extremely appreciated at this time. Thank you.

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It is a pretty common tactic to use a law firm to collect a debt. It is designed to scare you into paying as it come from a laywer.

I think the next step is to send them a debt verification letter within 30 days from when you recieved the letter. There a lots of examples here if you do a search.

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Hello Dispiacci,

Welcome to our fraternity. You are not alone. I'd wager that everyone on this forum has gotten a letter similar to yours. And now the carefully choreographed dance begins.

Public Enemy is right. The appropriate response is a DV letter. The first link in my signature covers my DV letter philosophy, and other forum members' differing views as well. Besides the forums, this site has a "Debt Validation" page you can link to from the top. You'll also want to become familiar with the Fair Debt Collection Practices Act.

Once you are sure the Statute of Limitations has expired (you're right, it's 4 years in California) you can order them to Cease Communication with you, as provided for by the FDCPA.

That's enough to get you started. Come back if you have more questions.

Good luck,

DH

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The attorney whose signature appears above personally requested this letter be sent after he/she reviewed relevant portions of our file for the limited purpose of sending this letter.”

Haven't seen that phrase before, somehow I can't see a 300 and hour attorney signing 500 letters a week, so if the actual attorney didn't sign the letter, could they really have reviewed it?

in answer to your question am I going to get sued? we all know what attorneys do, start reading and asking questions, be ready

Most of us have been sued here, chance favors the prepared mind

Edited by antiquedave
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Nothing more than a debt collection tactic. They involve a lawyer and the consumer thinks "O crap the stakes just got higher, they have a lawyer."

It is a scare tactic used to entice a faster payment arrangement,,,,I would treat the letter the same as any other letter and send a DV.

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Thanks for the replies so far guys.

I've prepared a Debt Validation Letter to send out following debtorshusband thread and format and some of the advice given by Coltfan on that same thread. Could you guys please review it and see if if it's good to send out or if I should modify it or add anything else? Should this letter actually be signed by me with a pen? Any help or advice is extremely appreciated.

XXX XXXX

1111 XXXXX

XXXX, CA

October 06, 2012

Hunt & Henriques

Attorneys at Law

151 Bernal Road, Suite 8

San Jose, CA 95119-1306

Dear Sirs:

I am in receipt of your letter dated September 14, 2012, a copy of which is enclosed, wherein you claim I owe a debt of $2,000.00 to PORTFOLIO RECOVERY ASSOCIATES, LLC/ CHASE BANK USA, N.A. on an alleged account ending in 4388.

This letter will serve as notice that I am disputing the validity of the debt in its entirety, requesting verification of the debt in its entirety, and requesting the name and address of the original creditor. Verification of the debt is to include the following:

- A copy of the agreement between your client and the original creditor which gives your client the authority to collect on this alleged debt.

- An accounting of all transactions from the inception of the alleged debt. It must include all charges, fees, penalties, payments, and assessed interest.

Due to the serious nature of this matter, I do not wish to discuss this matter on the telephone. I request that all communication be in writing so that I may include your correspondence in my records

Sincerely,

XXX XXXX

Edited by Dispiacci
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That is too long and horrible, why not write something like

Dear Attorney (Collector),

This letter is in response to your letter dated xx xx, 2012 (copy enclosed).

I dispute the alleged debt in its entirety and demand debt validation.

I elect private contractual arbitration to resolve all of our disputes.

All telephone calls to me are inconvenient. Communicate with me by US Mail only.

Me

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I hereby ask that you validate this debt.

I have the utmost respect of BTO429, but sometimes someone will post something like "To satisfy the requirements of Debt Validation, all they have to do is send you the OC's name and address."

For this reason, I like to parrot the phrasing below from the FDCPA, which clearly makes sending just the OC's name and address inadequate.

"I am disputing the validity of the debt in its entirety, requesting verification of the debt in its entirety, and requesting the name and address of the original creditor."

Regards,

DH

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