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Super incompetent attorneys... should I pursue this further?


Blinkybambam
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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?

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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?

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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.

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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 imho

IF 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.

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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.

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I have had two suits filed on a single phone call

One 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.

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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

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