Sincetel

Letter from Stenger & Stenger..

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Hello, I have the following letter posted below from these guys. Obviously never had a letter like this sent so no idea what to do but I also don't just have $1,400 laying around at this current moment. So basically I'm wondering what to do and what not to do here? Also, any info needed please let me know.

Debt is from Capital 1 Credit Card. Only like 2 or so years old. And I am in Ohio as you can see from the pics of the letter below.

 

 

https://imgur.com/a/PQg9GsP

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2 hours ago, Sincetel said:

So basically I'm wondering what to do and what not to do here?

I would dispute the debt and request validation within the 30 days.  That buys you some time.

2 hours ago, Sincetel said:

Debt is from Capital 1 Credit Card.

Actually according to the letter it is a Credit One account.  The major issue is their card agreement has a carve out for arbitration in small claims cases.  If arbitration is not an option you would have to defend a lawsuit and they WILL sue you.  Is this your only debt?

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Sorry for the late response. Yes, my mistake I meant Credit1. I have one other debt from another card but it's much older.

Not sure i understand dispute the debt? Just act like I don't know what it's from or something? I definitely do. lol.

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On 1/31/2019 at 8:45 PM, Sincetel said:

Sorry for the late response. Yes, my mistake I meant Credit1. I have one other debt from another card but it's much older.

Not sure i understand dispute the debt? Just act like I don't know what it's from or something? I definitely do. lol.

Send a letter back to the law firm that states "I dispute this alleged debt. Please validate".  This is literally all it needs to say.  Send it Certified with Return Reciept and keep a scanned copy of the letter before you send it.  This gives you proof THAT you sent it and WHAT you sent them.

Count 30 days from the time you got this letter from them in the mail and send your letter to them on day 25.  Use these 25-30 days to read up here about arbitration.  I have a link in my signature below.  If this were me, I would file a claim in JAMS against Credit 1 before they have a chance to sue me in court.  They will probably sue anyway, but this should give you the chance to force them out of court and back into JAMS arbitration where they do not want to be and eventually they will drop everything.

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11 hours ago, fisthardcheese said:

Send a letter back to the law firm that states "I dispute this alleged debt. Please validate".  This is literally all it needs to say.  Send it Certified with Return Reciept and keep a scanned copy of the letter before you send it.  This gives you proof THAT you sent it and WHAT you sent them.

Count 30 days from the time you got this letter from them in the mail and send your letter to them on day 25.  Use these 25-30 days to read up here about arbitration.  I have a link in my signature below.  If this were me, I would file a claim in JAMS against Credit 1 before they have a chance to sue me in court.  They will probably sue anyway, but this should give you the chance to force them out of court and back into JAMS arbitration where they do not want to be and eventually they will drop everything.

Ok, Thank you. I have 17 days then i believe, will look into it today when i get home. Have you personally ever dealt with credit1?

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On 2/4/2019 at 5:45 PM, Sincetel said:

Have you personally ever dealt with credit1?

Yes, as have many other people on this board.  You account is now with LVNV, however. Not that this is much different, as they are owned by the same parents company as Credit1.  I have beaten LVNV in court and you will too with the methods we suggest here.

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On 2/6/2019 at 6:15 AM, fisthardcheese said:

Yes, as have many other people on this board.  You account is now with LVNV, however. Not that this is much different, as they are owned by the same parents company as Credit1.  I have beaten LVNV in court and you will too with the methods we suggest here.

Awesome, really appreciate it! I will let this die down until the 17th, which is the week of the letter due date. So will just double check with everything before I do it, so I don't mess anything up. Thanks again.

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I have had my run in with the same law firm, same debt company, same credit card, and same state. My advise to you is to read through my thread and see how much this community is absolutely amazing. See how a normal Joe shmo like myself, turned from a uninformed scared person,  into a well informed individual. The process takes time, research, and patients but in the end is rewarding and self fulfilling. If you start reading through my thread you will see i made a lot of mistakes early on, luckily I had some guardian angels on my side such as @fisthardcheese@Brotherskeeper@nobk4me@BV80 just to name a few. This thread is packed full of great information to help you along your journey. I hope it finds you well in your research and aids you in successful battle!

 

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On 2/8/2019 at 1:07 PM, MikeB35 said:

I have had my run in with the same law firm, same debt company, same credit card, and same state. My advise to you is to read through my thread and see how much this community is absolutely amazing. See how a normal Joe shmo like myself, turned from a uninformed scared person,  into a well informed individual. The process takes time, research, and patients but in the end is rewarding and self fulfilling. If you start reading through my thread you will see i made a lot of mistakes early on, luckily I had some guardian angels on my side such as @fisthardcheese@Brotherskeeper@nobk4me@BV80 just to name a few. This thread is packed full of great information to help you along your journey. I hope it finds you well in your research and aids you in successful battle!

 

Mike, I noticed you never followed up on that thread with the outcome.  Did you make a new thread after this one?  This has good information for other OH people who come looking for these answers, so it's always good to keep everything - especially the outcome - in one thread.

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5 hours ago, fisthardcheese said:

Mike, I noticed you never followed up on that thread with the outcome.  Did you make a new thread after this one?  This has good information for other OH people who come looking for these answers, so it's always good to keep everything - especially the outcome - in one thread.

Yes sir I did start another thread once my MTC was granted, at the time it was my thinking i was starting a whole new process so all new information. I did win, they dismissed w/prejudice. After I hit the lawyer hard with his mistakes in court the judge was very impressed with my timeliness, filing, and how well I put everything together. Its better laid out in this, part 2 of my journey.

 

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On 2/8/2019 at 1:07 PM, MikeB35 said:

I have had my run in with the same law firm, same debt company, same credit card, and same state. My advise to you is to read through my thread and see how much this community is absolutely amazing. See how a normal Joe shmo like myself, turned from a uninformed scared person,  into a well informed individual. The process takes time, research, and patients but in the end is rewarding and self fulfilling. If you start reading through my thread you will see i made a lot of mistakes early on, luckily I had some guardian angels on my side such as @fisthardcheese@Brotherskeeper@nobk4me@BV80 just to name a few. This thread is packed full of great information to help you along your journey. I hope it finds you well in your research and aids you in successful battle!

Hey, thanks. Going to give that a look when I get off work.

 

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20 hours ago, Sincetel said:

Also, I will be sending out the verification letter tomorrow and will update from there.

Don't forget, after you send the dispute letter, you will want to start working on your JAMS Demand so that you can send it to them immediately after you get their response to your dispute.  You want to file JAMS before they can file in court so that you can nullify the "small claims exception" in your card agreement's arbitration section.

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2 hours ago, fisthardcheese said:

Don't forget, after you send the dispute letter, you will want to start working on your JAMS Demand so that you can send it to them immediately after you get their response to your dispute.  You want to file JAMS before they can file in court so that you can nullify the "small claims exception" in your card agreement's arbitration section.

Not necessary in Ohio.  The plaintiff here is a JDB, and JDBs can't use small claims court in Ohio.

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21 hours ago, nobk4me said:

Not necessary in Ohio.  The plaintiff here is a JDB, and JDBs can't use small claims court in Ohio.

Thanks for the reminder about OH small claims.  In that case, there is no rush.  I would sit back and wait to see if they sue me and then file the MTC to move it to arbitration at that time.

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Ok people, a little late with work but the wheels are in motion, the letter was sent Tuesday. Will be there tomorrow. Certified and return receipt.

 

So now, just to confirm. Basically since I'm in Ohio and the small claims court is not an option for them, you guys are recommending just sit back and wait for their next step? Then once or if they do sue me that's when to file the MTC?

 

Thanks again for all the help. I will look over and start really reading into everything this weekend when I get a break.

 

I've noticed these companies really jump on these collection attempts during tax season.

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Please see this thread from a poster in Ohio.  I have included a step by step outline of what needs to be done, and when.

 

 

 

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Thanks. Dumb question but the letter i received and put in the OP is not the "served" letter you are talking about, correct? I'm guessing that will come once they receive my verification letter i just mailed them on Tuesday?

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22 hours ago, Sincetel said:

Thanks. Dumb question but the letter i received and put in the OP is not the "served" letter you are talking about, correct? I'm guessing that will come once they receive my verification letter i just mailed them on Tuesday?

That looks like a basic dunning letter.  Giving notice of your right to dispute the debt.  They haven't sued you yet, I am guessing?  But it is likely they will.  Keep a watch on your local court (it should have online record search) to see when they sue you, and to generally keep up on the case.   Since the amount is small, they would sue you in the local municipal court, not the county common pleas court.

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lol, just my luck. Of course there is no update on the tracking of the letter i sent since thursday, was supposed to be there yesterday. today is deadline.

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As you can see in the tracking, it hasn't updated since last Wednesday. Just my luck. 70180360000037040861

 

So do i skip this first step, wait for a delivery or what happens now since the letter they sent was dated 2/23.

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1 hour ago, Sincetel said:

what happens now since the letter they sent was dated 2/23.

@Sincetel Please see (a)3 below. The requirement to dispute is within 30 days after you receive the letter, not the date the letter was dated. 

 

§ 809.  Validation of debts

(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

(c) Admission of liability
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

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I haven't been able to post in a few days. Not sure what was going on. But the letter made it on Tuesday. Time to sit back and get sued. lol

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So they sent me what I'm guessing is the proof, every transaction from the card. This was a couple weeks ago. Haven't heard anything since., do they usually take their time like this? Or was I suppose to do something once they sent me the big packet of trans?

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I have noticed on my creditkarma app when I click this account it does say I disputed the debt.

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