Blinkybambam Posted November 26, 2012 Report Share Posted November 26, 2012 Hi, So I had a debt collector contact me about a debt that was no longer listed on my credit report and was also way, *way* out of statute. The debt collector called me after 9:00 pm, so I contacted an attorney that agreed to take my case.Long story short, the debt collector claimed that the call was due to 'bona fide error' because they were under the assumption I lived in my old time zone- a place that I haven't lived in at least two years- so my attorneys dropped the case. Sweet.I was under the assumption that they'd at least look up your CR and find your current address before they'd start contacting you about zombie debt. Should I hire another attorney or drop it altogether? Link to comment Share on other sites More sharing options...
willingtocope Posted November 26, 2012 Report Share Posted November 26, 2012 Unless you've got a recording of the conversation, with telephone records to back up the time, its your word against his.I'd say drop it...or prepare the paperwork yourself. Link to comment Share on other sites More sharing options...
Flyingifr Posted November 27, 2012 Report Share Posted November 27, 2012 Even if she does have the phone records, a BFE defense would probably work unless she has a recording where the debt collector threatened to sue.Drop it. The "incompetent" attorney saved you a bundle in legal fees. Link to comment Share on other sites More sharing options...
antiquedave Posted November 27, 2012 Report Share Posted November 27, 2012 My questions are Did they call you on the same phone number you had at the previous address? Is this a new phone number? Was it a cell? Dd they have permission to call the number?Did you get a dunning letter 5 days after they called?If so did they send one to your old address? (if you know) or your new address?Did you send a DV? Link to comment Share on other sites More sharing options...
Blinkybambam Posted November 27, 2012 Author Report Share Posted November 27, 2012 Did they call you on the same phone number you had at the previous address? - Yes.Is this a new phone number? - No.Was it a cell? - Yes.Dd they have permission to call the number?- Didn't tell them they couldn't lol.Did you get a dunning letter 5 days after they called?- They just recently started calling me after not contacting me for years...After they started calling me now, they never sent a thing.If so did they send one to your old address? (if you know) or your new address?- Don't know. Never received any forwarded mail.Did you send a DV?- Not yet. Link to comment Share on other sites More sharing options...
kutuzov Posted November 27, 2012 Report Share Posted November 27, 2012 You might have a TCPA violation contacting you on your cell phone, but thy probably don't know you moved, so if they sent something it was to the old address.The attorney drop your case and save your but. Link to comment Share on other sites More sharing options...
antiquedave Posted November 27, 2012 Report Share Posted November 27, 2012 Well did you have the same cell phone number when you had the original debt?Or is this a new number since the debt was sold?follow coltfans TCPA thread you may be able to position yourself better on this, do your homework it may still become something Link to comment Share on other sites More sharing options...
admin Posted November 27, 2012 Report Share Posted November 27, 2012 I agree - no violations. Link to comment Share on other sites More sharing options...
BTO429 Posted November 28, 2012 Report Share Posted November 28, 2012 You can not call an attorney incompetent when they have been some where that you have not,,,,LAW SCHOOL.I am not saying there are not incompetent attorneys,,,but in my opinion,,after have been top law school,,,I say they did they right thing. Link to comment Share on other sites More sharing options...
antiquedave Posted November 28, 2012 Report Share Posted November 28, 2012 I think if this were mine, I'd call, (recorded of course) to ask "where did you send the dunning letter? Not ask IF they sent one, and see if they made the mistake of sending it somewhere else or if the rep makes the mistake of saying gee nothing in the account about a letter being sent.I'd ask them what address they have for me on the account, and update my mailing address.I'd revoke permission to call my phone and repeat the cell phone number.I'd be interested in laying the groundwork and documentation for a potential future violation, thats the way I think this needs to be approached imhoIF you didn't burn any bridges with the attorney I'd send him copies of what you send, what is recorded and what they send back, he already has shown that he is interested in filing cases, that is a good start. Link to comment Share on other sites More sharing options...
Flyingifr Posted November 29, 2012 Report Share Posted November 29, 2012 Look - a simple single erroneous telephone call does not a Federal case make.OP- if you want to set them up for suit, send the attorney a FOAD letter CMRRR. That way, the next time he asks you for money, you ask HIM for money. The difference is - you will actually collect, he won't. Link to comment Share on other sites More sharing options...
antiquedave Posted November 29, 2012 Report Share Posted November 29, 2012 Look - a simple single erroneous telephone call does not a Federal case make.I have had two suits filed on a single phone callOne was a foti violation and one was a call after DV but before they validated. Link to comment Share on other sites More sharing options...
Flyingifr Posted November 29, 2012 Report Share Posted November 29, 2012 I have had two suits filed on a single phone callOne was a foti violation and one was a call after DV but before they validated.That is true and I have long advocated the philosophy of "sue early and often" but in this case I still believe the OP has a real uphill fight, especially against a Bona Fide Error defense. Better to bait the hook as I described above and wait patiently for the fish to come along and literally open his mouth once too often. Link to comment Share on other sites More sharing options...
antiquedave Posted November 29, 2012 Report Share Posted November 29, 2012 That is true and I have long advocated the philosophy of "sue early and often" but in this case I still believe the OP has a real uphill fight, especially against a Bona Fide Error defense. Better to bait the hook as I described above and wait patiently for the fish to come along and literally open his mouth once too often.I could not agree more Link to comment Share on other sites More sharing options...
Blinkybambam Posted March 15, 2013 Author Report Share Posted March 15, 2013 Hey everyone, just wanted to update y'all - so for some odd reason, I guess the attorneys were able to settle with the CA - and I ended up getting a check for $1000!!!!!!!!! 1 Link to comment Share on other sites More sharing options...
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