Neveragain02 Posted December 20, 2020 Report Share Posted December 20, 2020 Greetings to all: My second post here- new Little history: received a letter from them a week ago Dunny letter: Their client is BOA (OC) Represents it coming from a law firm Represents I have 30 days to dispute I started searching for this letter on-line by doing a google search imagine and some lawsuit against them (for FDCPA violation). Furthermore BAC knew I had a attorney as I did a certified letter to them of representation. yet BAC and Suttell continued to contact me directly about the debt. The most recent even was them sending me a letter which made me feel like I was getting sued immediately. I am seeking a consumer protection attorney. What is the boards/ and community thoughts on this? Again this is OC so not a junk buyer- You guys are so amazing- and I am looking for the boards feedback. Good bad or the ugly 1. VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ Park v. Suttell & Hammer, P.C. - 2:18cv1407. Ochoa v. Suttell, Hammer And White, P.C. - 5:18cv2688 Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 20, 2020 Report Share Posted December 20, 2020 2 hours ago, Neveragain02 said: Greetings to all: My second post here- new Little history: received a letter from them a week ago Dunny letter: Their client is BOA (OC) Represents it coming from a law firm Represents I have 30 days to dispute I started searching for this letter on-line by doing a google search imagine and some lawsuit against them (for FDCPA violation). Furthermore BAC knew I had a attorney as I did a certified letter to them of representation. yet BAC and Suttell continued to contact me directly about the debt. The most recent even was them sending me a letter which made me feel like I was getting sued immediately. I am seeking a consumer protection attorney. What is the boards/ and community thoughts on this? Again this is OC so not a junk buyer- You guys are so amazing- and I am looking for the boards feedback. Good bad or the ugly 1. VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ Park v. Suttell & Hammer, P.C. - 2:18cv1407. Ochoa v. Suttell, Hammer And White, P.C. - 5:18cv2688 1692c(a)(2) (2) the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; Is the attorney you retained in the other matter representing you for this debt? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 20, 2020 Report Share Posted December 20, 2020 7 hours ago, Neveragain02 said: What is the boards/ and community thoughts on this? Again this is OC so not a junk buyer- The FDCPA does not apply to original creditors so chasing that against BoA is a waste of time. You MIGHT and I stress MIGHT have an FDCPA violation by the law firm but even if you do all BoA will do is fire them and bring in new counsel forcing you to chase the FDCPA claim against them separately and not as a counter claim in their suit against you. You deleted your other details but even if BoA doesn't get rid of S&H if the debt is significantly high enough that the meager $1000 maximum fine for an FDCPA violation exceeds the debt and court costs they will likely push ahead and simply deduct any award to you from what you owe them in judgment. Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 20, 2020 Author Report Share Posted December 20, 2020 4 hours ago, BV80 said: 1692c(a)(2) (2) the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; Is the attorney you retained in the other matter representing you for this debt? Yes, I sent BOA a letter of representation through the CFBP and gave them a copy of the representation and asked they speak to my attorney BOA responded to them as well. I have all correspondences of CFBP. Yes this debt was a part of it. Quote Link to comment Share on other sites More sharing options...
admin Posted December 20, 2020 Report Share Posted December 20, 2020 Echoing what the others have said, I don't think you have much of a case. Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 20, 2020 Author Report Share Posted December 20, 2020 28 minutes ago, Clydesmom said: The FDCPA does not apply to original creditors so chasing that against BoA is a waste of time. You MIGHT and I stress MIGHT have an FDCPA violation by the law firm but even if you do all BoA will do is fire them and bring in new counsel forcing you to chase the FDCPA claim against them separately and not as a counter claim in their suit against you. You deleted your other details but even if BoA doesn't get rid of S&H if the debt is significantly high enough that the meager $1000 maximum fine for an FDCPA violation exceeds the debt and court costs they will likely push ahead and simply deduct any award to you from what you owe them in judgment. I see that makes sense. And also what are your thoughts about both BOA and Attorney communicating with me even after I sent them a letter or representation Please keep in mind- letter of representation stated I retained their services to contact their office however NO case was filed for BK or anything.. so I understand they can move forward with lawsuits and all- however why not sent a copy to my attorney as well? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 20, 2020 Report Share Posted December 20, 2020 1 hour ago, Neveragain02 said: And also what are your thoughts about both BOA and Attorney communicating with me even after I sent them a letter or representation Depends on why you hired the attorney. Depends on the date of your certified letter and the date(s) on theirs. My opinion is if there is no overlap in the dates they are not required to send simple dunning letters to your attorney since you are the one who owes the debt. 1 hour ago, Neveragain02 said: I understand they can move forward with lawsuits and all- however why not sent a copy to my attorney as well? If you haven't filed the BK then there is nothing for them to communicate with the attorney. Until they sue they have no legal obligation to discuss anything with your attorney. If you want to settle and that is why you hired counsel then the burden rests with your attorney to reach out to them first to initiate those discussions because settling is your desire at this stage. Their letters indicate if you fail to take action the will escalate to litigation. That is supposed to motivate you (or your counsel) to reach out to them and deal with the debt. Once your attorney contacts them and initiates settlement discussions THEN all contact must go through them. Once you file BK all contact must go through the attorney. Until either of those things happens for all they know you hired them to write a will. Edited to add: I see where you did indicate they did send correspondence to your attorney. NOTHING prohibits them from sending you the same communication until you file BK or are represented in litigation. This would not be an FDCPA violation in my opinion. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 20, 2020 Report Share Posted December 20, 2020 2 hours ago, Neveragain02 said: Yes, I sent BOA a letter of representation through the CFBP and gave them a copy of the representation and asked they speak to my attorney BOA responded to them as well. I have all correspondences of CFBP. Yes this debt was a part of it. Did BOA let Suttell know? Why did you send it through the CFPB? If you have an attorney, he could have sent a letter directly to BOA and Suttell. What exactly was stated in Suttell’s letter? Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 20, 2020 Author Report Share Posted December 20, 2020 14 minutes ago, BV80 said: Did BOA let Suttell know? Why did you send it through the CFPB? If you have an attorney, he could have sent a letter directly to BOA and Suttell. I don’t know if boa let shuttle know.shuttle just recently got involved At that time shuttle was not involved. I was in-house with boa at the time I retained counsel and paid counsel. I always like that extra layer of communication so not only did my attorney send it so did I. It’s just my personality honestly n 11/15/2019 We've sent your complaint to the company, and we will let you know when they respond. Their response should include the steps they took, or will take, to address your complaint. Companies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days. Company still working STATUS Company response is in progress as of 11/26/2019 The company has responded that it is still working on your issue In some cases, companies need more time to respond. You should receive a final response within 60 days from the date we sent your complaint to the company. Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 20, 2020 Report Share Posted December 20, 2020 1 minute ago, Neveragain02 said: I don’t know if boa let shuttle know.shuttle just recently got involved At that time shuttle was not involved. I was in-house with boa at the time I retained counsel and paid counsel. I always like that extra layer of communication so not only did my attorney send it so did I. It’s just my personality honestly n 11/15/2019 We've sent your complaint to the company, and we will let you know when they respond. Their response should include the steps they took, or will take, to address your complaint. Companies generally respond in 15 days. In some cases, the company will let you know their response is in progress and provide a final response in 60 days. Company still working STATUS Company response is in progress as of 11/26/2019 The company has responded that it is still working on your issue In some cases, companies need more time to respond. You should receive a final response within 60 days from the date we sent your complaint to the company. If Suttell didn’t know about your attorney, it would have a bona fide error and would not be held responsible. What exactly was stated in Suttell’s letter? Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 20, 2020 Author Report Share Posted December 20, 2020 The letter is dated dec1 2020 amount 11k ids themselves via letter head as attorneys for original creditor boa in attempt to correct debt gives me the 30 day timeframe to respond or my debt will be considered valid. no signature of attorney just typed suttle and associates again ends with attempts to collect debt Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 20, 2020 Author Report Share Posted December 20, 2020 6 minutes ago, BV80 said: If Suttell didn’t know about your attorney, it would have a bona fide error and would not be held responsible. What exactly was stated in Suttell’s letter? Since suttle is a debt collector shouldn’t they be privy to all info of their clients? They are’s not new to the game. Files hundreds of lawsuits nationwide. How long do they get to play the I don’t know game? Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 20, 2020 Author Report Share Posted December 20, 2020 1 hour ago, Clydesmom said: Depends on why you hired the attorney. Depends on the date of your certified letter and the date(s) on theirs. My opinion is if there is no overlap in the dates they are not required to send simple dunning letters to your attorney since you are the one who owes the debt. If you haven't filed the BK then there is nothing for them to communicate with the attorney. Until they sue they have no legal obligation to discuss anything with your attorney. If you want to settle and that is why you hired counsel then the burden rests with your attorney to reach out to them first to initiate those discussions because settling is your desire at this stage. Their letters indicate if you fail to take action the will escalate to litigation. That is supposed to motivate you (or your counsel) to reach out to them and deal with the debt. Once your attorney contacts them and initiates settlement discussions THEN all contact must go through them. Once you file BK all contact must go through the attorney. Until either of those things happens for all they know you hired them to write a will. Edited to add: I see where you did indicate they did send correspondence to your attorney. NOTHING prohibits them from sending you the same communication until you file BK or are represented in litigation. This would not be an FDCPA violation in my opinion. Thank you very much for your feedback! Let’s me look at the other side of the story Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 20, 2020 Report Share Posted December 20, 2020 2 hours ago, Neveragain02 said: Since suttle is a debt collector shouldn’t they be privy to all info of their clients? They are’s not new to the game. Files hundreds of lawsuits nationwide. How long do they get to play the I don’t know game? They can’t know what they are not told. You need to find out if BOA informed them that you have an attorney. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted December 20, 2020 Report Share Posted December 20, 2020 3 hours ago, Neveragain02 said: amount 11k THIS is your major issue. This is an amount of money that is worth pursuing. They are an OC which means they have all the documents they need to prove the debt. Even if there is an FCDPA violation it is less than 10% of the debt which means even if they lost on a counter claim they still stand to collect a lot more. My educated guess is that when you had a lawyer send a letter stating you had representation but mentioned nothing of BK or a settlement offer that BoA merely presumed you were gearing up for litigation and sent the file along to their law firm. I still do not believe any of this would be an FDCPA violation but even if it is, it is no where near enough to get them to back off collecting on this. 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 21, 2020 Report Share Posted December 21, 2020 @Neveragain02 @Clydesmomis making a good point. Even if Suttell committed an FDCPA violation, it would have no effect on a lawsuit filed by an OC. You would not be able to raise the violation in a counterclaim because the OC is not bound by the FDCPA, and Suttell is not a party to the lawsuit. Since the OC is not bound by the FDCPA, a violation committed by the attorney would have no effect on negotiations. 1 Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 21, 2020 Author Report Share Posted December 21, 2020 3 hours ago, BV80 said: @Neveragain02 @Clydesmomis making a good point. Even if Suttell committed an FDCPA violation, it would have no effect on a lawsuit filed by an OC. You would not be able to raise the violation in a counterclaim because the OC is not bound by the FDCPA, and Suttell is not a party to the lawsuit. Since the OC is not bound by the FDCPA, a violation committed by the attorney would have no effect on negotiations. I agree yes with both of you Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 21, 2020 Author Report Share Posted December 21, 2020 I have another question Who’s credit control , LLC? First I was getting mails from them collecting for boa.. then now suttell is credit control just a collection agency? And boa took it back and assigned to attorney? Quote Link to comment Share on other sites More sharing options...
BV80 Posted December 21, 2020 Report Share Posted December 21, 2020 8 hours ago, Neveragain02 said: I have another question Who’s credit control , LLC? First I was getting mails from them collecting for boa.. then now suttell is credit control just a collection agency? And boa took it back and assigned to attorney? Yes to both questions. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted December 21, 2020 Report Share Posted December 21, 2020 Hey, just a note that if the OP is in California, they can use the Rosenthal Act against an original creditor. Quote Link to comment Share on other sites More sharing options...
Neveragain02 Posted December 22, 2020 Author Report Share Posted December 22, 2020 10 hours ago, WhoCares1000 said: Hey, just a note that if the OP is in California, they can use the Rosenthal Act against an original creditor. I’m so sorry I’m in Oregon that’s what I put Let me correct my mistake Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted December 22, 2020 Report Share Posted December 22, 2020 Oh, in that case, then Roshenthal would not apply and the other advice would. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.