Bonn*villle is on our trail -- What is their M.O.?

[jdfkl]

We have received mailings from Bonn*villle in U*tah

 

3 accounts regarding an OC.  Mailings have been:  Acct 1, Acct 2, Acct 3, Accts 1&2&3 added together.

 

We have DV'd the last mailing.

 

CA responded with copies of our signatures at the end of contract.

 

We want to keep them in communication so they don't initiate a suit (we need time).

 

What is their SOP, and what should we do?

 

KentWA, are you out there?  

[shellieh98]

3 accounts regarding an OC, but are they the CA for the oc? or are they CA for a jdb who bought them from the OC?

That was correct,to DV them for the accounts.  What kind of accounts were they? credit card or personal loans?

[jdfkl]

Accounts were charged-off, so I believe they are still owned by the OC/SmallBank who hired a Collections Agency to secure it for them -- as far as I can tell.

 

2 Accounts were credit cards.  The third account was a line of credit that was set up to automatically pay the credit cards minimum due.  ...Something to that effect.   My spouse knows more about how they were interrelated than I do.  Either way, they were unsecured.

 

However, the accounts were cross-collateralized by a car loan we also paid through them.  The SmallBank has threatened to take the car to pay off the credit lines over the last year or so.  We were never late on the car --- but recently sold it (at pay-off value) to eliminate that debt.  I am a little concerned that having sold the car (that held zero equity) will put their other collections efforts into overdrive.

 

I want to keep them from filing suit.  Communicating?  Requesting documents?  Just engaging them enough that they stay out of court.

[shellieh98]

Sending out a DV will buy you a little bit of time.  Did you send out a cease and desist stating that all phone communication is in convenient, so please communicate through us postal mail only?  This way if they contact you by phone and have not validated the debt, you will have a FDCPA violation on them, which would help your coarse of action if they choose to file suit before the SOL is up.  This is an original Creditor, so chances are they have the necessary paperwork to win in court.  Asking for a DV and a C&D letter is about all you can do, and hope they don't have their ducks in a row to file before the SOL.  If they do file after the SOL, then you can sue them for a FDCPA violation.  The car is not really an issue since it is sold, and they either were not notified if it was collateral, or chose to ignore it.  (I am not sure, but you would need to check your state rules) What state are you in, Utah?  

[racecar]

"2 Accounts were credit cards"

Do any of the accounts have an arbitration agreement?

http://www.consumerfinance.gov/credit-cards/agreements/

There is no perfect time to be sued, but there is a perfect time to start studying on defending the pending law suits and that's when you are not in court.

Get your states rules of civil procedure, rules of the court, learn how to answer plaintiffs complaint, Study the rules of discovery,motions,summary judgement.

Don't be afraid if they file suit on you just be ready. When you are well studied and prepared for the fight you can win. Read bonnevilles court cases that have been filed in your court system (should have court cases on-line search, Grab a few case numbers and see the court clerk for the copy) they are no different then anybody else suing you.Go spend the day at the courthouse see how things operate.

[racecar]

http://caselaw.findlaw.com/ut-supreme-court/1039774.html

 

Their complaint outlines some twenty-two causes of action against Bonneville, its principal, David Toller, and its primary attorney, Godfrey.   The causes of action all center on allegations that Bonneville and Godfrey engage in illegal splitting of attorney fees and illegal collection of treble damages.   With regard to the fee-splitting allegations, Haymond and Lloyd complain that, although Godfrey retains attorney fees granted in cases brought on Bonneville's behalf, he is essentially splitting fees with Bonneville by paying an inordinately high fee for use of Bonneville's computer system.   Additionally, Haymond and Lloyd allege that Bonneville is illegally retaining for itself treble damage awards to which merchants, not collection agencies, are entitled.

Here are some cases to read. SOP not very nice.

http://ca10.washburnlaw.edu/cases/2000/06/99-4092.htm

 

http://www.leagle.com/xmlResult.aspx?xmldoc=In%20UTCO%2020110901E01.xml

 

http://archive.recapthelaw.org/utd/76755/

 

http://court-record-report.com/record/2757240/CV-2008-0000292

 

http://court-record-report.com/record/2739722/CV-2007-0000739

 

http://www.romingerlegal.com/utah/opinions/bonnvle.htm

 

http://www.tmcnet.com/channels/predictive-dialer/articles/83330-predictive-dialer-used-billing-collections.htm

[Rivertime]

Ummm, I don't thing FDCPA applies to OCs.  Also, it appears your goal at this time is to drag this out, telling them to only contact by mail might, and I say might, push them to file.  Asking for mail contact only is a good idea though because you will then have a written record of their communications.  The choice is yours to make.

 

Buying time to study is always a good idea, take racecar's advice and start studying... forewarned is forearmed...

 

Good Luck,

 

rt

[KentWA]

Booneville tries harder than others to keep from stepping in a pile of dung. However when they do, they do it in spectacular ways. My one dealing with them resulted in the DOD Inspector General Auditing them and the hospital they were collecting for and fines being assessed. Your best weapon is going to be the terms and conditions and comparing it to the amounts they are seeking. Almost every time they have been nailed it is due to fees, interest, etc that are not allowed by law or contract.

 

Since you have DV'ed them and they responded, send them a letter saying you continue to dispute. Although it carries no real weight, they seem to spend time working the issue from what I have read. Ask them for break downs of how the amounts were calculated, etc. It seems they will engage in written communication for a bit of time if they feel they are getting close to getting you to pay them. Bad thing for them is they have more chance to step in that pile of dung!

 

Finally if OC has ever had your cell phone number, now is the time to notify both that you revoke express consent, if it ever existed, for automated or pre-recorded calls.