Need Help after call from (CA #2)

[DebtJubilee]

OC charged off around Jan, 2013

Passes on collections CA #1, I send DV CMRR , Disputing, with no calls, Arbitration selected.

OC verifies alleged debt around Feb. 

 

Then 2 weeks ago Law Firm (CA#2) in mid-west starts calling my cell - auto dials, which i have on tape, and as of last week

calls me at work. Some one at work got a call from a rude shouting guy. He passes on to me,

I call back the CA#2 on my phone.

Guy from law firm tells me about them being a debt collector etc.... asks me whether I can

settle the matter that day (alleged balance $5k), or instead I will face the Judge in the court of

law and will have to defend my name. He also goes on to say that he can't trust me since i haven't done anything with the alleged account. 

 

Now politely I ask him who he is and whom does he work for, he tells me a letter was sent to me

on April 4th and I must be sitting on it. I told him I will respond when I get the letter in mail. Haven't

got any dunning yet. He said he will take that as Refusal To Pay and tells his client, I told him he is

putting words in my mouth. I made one more request to him NOT be called at any time or place. 

Then I hang up. Luckily, when i called back my tape recorder which I always keep in my pocket with my cell was running so I have everything on tape.

 

QUESTION: What if I don't get a dunning letter? should I fire up a DV using the alleged account i sent to CA# 1 to the law firm towards the end of the 

30 days from April 4th assuming they don't want to send me a dunning letter but instead surprise me with a lawsuit?

 

Or should I just wait in case they sue then I take it from there? Alleged Debt has arbitration with AAA. OC is Barclays and lawfirm is collecting on their behalf. Thanks in advance for your comments..

[TomnTex]

If this is your first contact, they have five days in which to send you a letter. If you don't get it, it's a violation. On day six I would be trying to find out who they are and send them a DV letter telling them you dispute it and no calls anywhere are allowed. Send it and all letters CMRRR.

TN Consumer lawyer get on here some, check with him for advice, you can either fight it yourself, go with arbitration, or look into retaining him to help you out. He seems to be a good guy with knowledge in the consumer laws. Just what you need.

[debtzapper]

Definitely send a PM to TN Consumer Lawyer.  He is excellent, and we are happy to have him on this board.  If a pre-recorded debt collection call was made to your cell phone without your consent, you have a TCPA violation.

[TomnTex]

You also have NASCAR who is another good attorney.

[DebtJubilee]

Much appreciation to you folks for your quick response. Yes I am thankful for TNConsumerLawyer & Nascar being on board. Yes I have a couple of 2 pre-recorded debt collection calls from them (computer generated) on my pocket recorder as well. I will wait 2-3 more days then fire up a DV. Yes I know the law-firm and their address.

[DebtJubilee]

Finally I got the dunning letter on 5th day and my DV is on the way to CA#2.

Their dunning letter has the following statement; 

{This office represents the above referenced creditor. At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. In the event a lawsuit is filed against you, that lawsuit will be filed by a seperate law firm in your area.}

 

Law firm has no offices in my state and was wondering in case they go ahead and sue, will the new law firm be working together with law firm CA#2 both working on behalf or OC.?