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Received Debt Validation, kind of, from Hunt & Henriques


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Back in January I received a letter from Hunt & Henriques to collect on a debt to Citibank. In February I sent a letter to them requesting Debt Validation. The letter included the following as well as requesting all correspondence be done via mail.

 

 

This letter is being sent to you in response to a notice sent to me. The alleged account and debt are disputed in their entirety. Debt Validation is requested.

 

 

 

Nothing back from them until now. Received a letter dated the beginning of May stating it was for a Citibank Account, listed the account number, my name, last four of SSN, DOB, and when the last payment was and the current balance. They included Account Statements from Nov 2011 to Dec 2012 (which show no charges as there had been no purchases but I was making payments on the account up until June 2012). Letter states: "Having provided this information to you we will proceed with collection activity. This firm is a debt collector. The purpose of this letter is to attempt to collect a debt and any information obtained may be used for that purpose."

 

What would be my next step. Do I write them back denying the amount and request additional information? Thank you in advance for your help.

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So your options are 1. settle with them for an amount less that owed, or 2. wait until they file suit, then deny the claim.  If it is the original creditor listed as the plaintiff, it will be harder to win, but you may be able to negotiate a better settlement. or sometimes they get stubborn, and they may negotiate a higher settlement.  (not usually the case, they tend to take less if they see you are willing to go to court)

 

Some OC's can be lazy, and they don't bring much to court.  I had one last year (before I knew how to fight) that actually only had a few cc statements, and then they had illegally subpoena'd my bank records.  That was all they had.  If I would have known at the time what they did was illegal (in colorado, the judge has to order the subpoena for financial records, they can't just do it) I could have probably got a mutual walk away so they would not have to face the judge with what they did, and get sanctions.  I settled that one the day before court for 50%, but how I wish I would not have answered the phone that day lol.

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  • 2 weeks later...

Received a letter yesterday from them titled "Notice of intent to file suit and incur court costs."

 

Letter is to "advise you that our firm intends to file suit against you on behalf of our client CITIBANK, N.A. in an attempt to collect the above identified debt. etc....."

 

Below the signature it states "The attorney whose signature appears above personaly requested this letter be sent after he/she reviewed relevant portions of our file for the limited purpose of sending this letter."

 

The letter is not asking for any response from me, seems like just a "heads-up" message that I will be seeing court papers soon. @shellieh98, from your post I could contact them and ask for a settlement or wait for the court papers to start arriving. My feeling is that I wait and then start fighting them and see if they are willing to settle further down the road. If I am going to wait, do I contact them at all about this letter or just wait?

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Well, it is your choice.  If it is the OC (looks like it is) they will have the proof, I guess it would depend on how tenacious the attorney is.  If you try and settle now, you won't have all the fees and court costs added on.  They may go for something like 50%.

 

If you wait, they may not settle for less if they have their proof in hand for court.  

I would discuss settlement (they cannot use that as an admission in court) and low ball the settlement at say 25%, see what their counter offer would be.  Or you could take your chances in court.  

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If they bring in proof in court that they never provided to you after you asked for proof, then file a motion in court asking it to disallow their court costs and attorney fees because you had already asked for proof (as a diligent person who does not just pay out merely because someone asks you to), to ask for dismissal so that you have a "normal opportunity" to deal with the debt, and to sanction the attorney for pushing a matter to court that did not have to be in court.

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