sheli1974usa

Back to square 1 with same OC and attorneys office

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I'm kind of stumped. Here is a quick version of my issue, any comments appreciated. So about a year ago I was mailed dunning letter from an attorney for an OC. I responded in a timely matter with DV letter that stated I dispute, and would like to exercise my right for arbitration. They mailed back all necessary statements. I hadn't heard anything but was served "pocket service " I didn't send a formal answer but sent them a letter reminding that I had elected arbitration and continuing with suit would be a violation. I also sent them a notice to appear. So far, No suit has been filed.

So here is my question. Today I received the very same dunning letter dated April 5th that states the normal I have 30 days to dispute and No attorney has viewed this account.

Do you think this is due to poor record keeping on their part? We've already been through this. What would be a good way to respond? I'm thinking it would be best for me to respond and make no mention of our previous encounters... Thoughts?

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Do you think this is due to poor record keeping on their part? We've already been through this. What would be a good way to respond? I'm thinking it would be best for me to respond and make no mention of our previous encounters... Thoughts?

Unless this is a different account independent of the other action I would follow through as if no previous correspondence existed and do the same thing. If it keeps recycling eventually you may be out of the Statute of Limitations (SOL) and OC will not have a case. The OC may have also sold this account to another JDB or Collection Agency.

 

The request for DV is effective until OC or Plaintiff decides to file summons and complaint. 

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Your Name
Your Address

Their Name
Their Address

Account number


Date


Dear,debt collectors name

This letter is in response to your letter dated April 5, 2013 (copy enclosed).

I dispute this alleged account in its entirety.

As per the FDCPA, I have the right to request proper validation of the alleged debt.

I elect private contractual arbitration via JAMS to resolve any disputes between us.

All phone calls are inconvenient, so all communications need to be by mail.

Best Regards,

Your name

 

Give them a little something extra to read over with your DV letter

copy of your credit agreement with arbitration

Demand for Arbitration (not filled out)

Case Submission Form (not filled out)

http://www.jamsadr.com/rules-download-rules/

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