Theresab1017

Suttell and Hammer is taking me to court / Barclay bank what should i do

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Sept 2019 i received a letter from S&H stating that " Barclay delaware Bank Referred my account to collect unpaid debt.  i reply to verify few information's:

I have to back first in July 2019 another collection agency contacted me for the same account, and in Sept 2019 another Agency contacted me also, and in Sept when i received the letter from S& H.

1) full account no ( not XXXXXXXXXXXXXXX1234)

2) signed contract between me and Barclay Bank

3) Referral letter (Barclay to S&H)

it was ignored, instead i was sent statements..  i sent another letter to ask the same information's,  again it was ignored..

in Dec 2019 i was served "summon/ Complain" i have 20 days to reply.. which i did and again included my demand to send me signed contract and full account no. and Referral letter.

I filed my reply Jan 2019.

February 2021 i received court date March 29th. in the packet, comes with "HERSAY" (notarized affidavit from someone in NEVADA, i say from Nevada because the Notary was State of Nevada.

She stating she has personal knowledge that said books and records are kept in the ordinary course of business and it is the regular practice to record all transactions on or about the time of occurrence .

I dont know what to do next, i did not realized when you get summon/complain you only have 20 days to reply, after i replied it took them a year to sue me and still ignored my request for verification.

one thing also.. i think i am Garnish Proof.. the only income i have is UI and husband is his SS pension.. 

I am thinking of request for ARBITRATION.

please any info who deal with S&H will greatly appreciated.

 

 

 

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3 minutes ago, Theresab1017 said:

Sept 2019 i received a letter from S&H stating that " Barclay delaware Bank Referred my account to collect unpaid debt.  i reply to verify few information's:

I have to back first in July 2019 another collection agency contacted me for the same account, and in Sept 2019 another Agency contacted me also, and in Sept when i received the letter from S& H.

1) full account no ( not XXXXXXXXXXXXXXX1234)

2) signed contract between me and Barclay Bank

3) Referral letter (Barclay to S&H)

it was ignored, instead i was sent statements..  i sent another letter to ask the same information's,  again it was ignored..

in Dec 2019 i was served "summon/ Complain" i have 20 days to reply.. which i did and again included my demand to send me signed contract and full account no. and Referral letter.

I filed my reply Jan 2019.

February 2021 i received court date March 29th. in the packet, comes with "HERSAY" (notarized affidavit from someone in NEVADA, i say from Nevada because the Notary was State of Nevada.

She stating she has personal knowledge that said books and records are kept in the ordinary course of business and it is the regular practice to record all transactions on or about the time of occurrence .

I dont know what to do next, i did not realized when you get summon/complain you only have 20 days to reply, after i replied it took them a year to sue me and still ignored my request for verification.

one thing also.. i think i am Garnish Proof.. the only income i have is UI and husband is his SS pension.. 

I am thinking of request for ARBITRATION.

please any info who deal with S&H will greatly appreciated.

 

 

 

Correction : I filed my reply Jan 2020

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10 hours ago, Theresab1017 said:

Sept 2019 i received a letter from S&H stating that " Barclay delaware Bank Referred my account to collect unpaid debt.  i reply to verify few information's:

I have to back first in July 2019 another collection agency contacted me for the same account, and in Sept 2019 another Agency contacted me also, and in Sept when i received the letter from S& H.

1) full account no ( not XXXXXXXXXXXXXXX1234)

2) signed contract between me and Barclay Bank

3) Referral letter (Barclay to S&H)

it was ignored, instead i was sent statements..  i sent another letter to ask the same information's,  again it was ignored..

in Dec 2019 i was served "summon/ Complain" i have 20 days to reply.. which i did and again included my demand to send me signed contract and full account no. and Referral letter.

I filed my reply Jan 2019.

February 2021 i received court date March 29th. in the packet, comes with "HERSAY" (notarized affidavit from someone in NEVADA, i say from Nevada because the Notary was State of Nevada.

She stating she has personal knowledge that said books and records are kept in the ordinary course of business and it is the regular practice to record all transactions on or about the time of occurrence .

I dont know what to do next, i did not realized when you get summon/complain you only have 20 days to reply, after i replied it took them a year to sue me and still ignored my request for verification.

one thing also.. i think i am Garnish Proof.. the only income i have is UI and husband is his SS pension.. 

I am thinking of request for ARBITRATION.

please any info who deal with S&H will greatly appreciated.

 

 

 

They did not ignore your request for verification.  As long as the statements they sent confirmed the balance in the collection letter, they verified.  Verification does not require a copy of a signed contract or the original creditor’s letter if referral.

What do you mean it took them a year to sue you?

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On 2/19/2021 at 5:13 AM, BV80 said:

They did not ignore your request for verification.  As long as the statements they sent confirmed the balance in the collection letter, they verified.  Verification does not require a copy of a signed contract or the original creditor’s letter if referral.

What do you mean it took them a year to sue you?

i just received the court date (packet) from S&H Feb 2021, the complaint was sent Dec 2019, i replied to the Summon & Complaint Jan 2020, ( i request the same information) in my answer that i filed in court (Jan 2020). i never heard from them again.. till this month (Feb 2021) with court date March 29, 2021.

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On 2/18/2021 at 6:44 PM, Theresab1017 said:

Sept 2019 i received a letter from S&H stating that " Barclay delaware Bank Referred my account to collect unpaid debt.  i reply to verify few information's:

I have to back first in July 2019 another collection agency contacted me for the same account, and in Sept 2019 another Agency contacted me also, and in Sept when i received the letter from S& H.

1) full account no ( not XXXXXXXXXXXXXXX1234)

2) signed contract between me and Barclay Bank

3) Referral letter (Barclay to S&H)

it was ignored, instead i was sent statements..  i sent another letter to ask the same information's,  again it was ignored..

in Dec 2019 i was served "summon/ Complain" i have 20 days to reply.. which i did and again included my demand to send me signed contract and full account no. and Referral letter.

I filed my reply Jan 2019.

February 2021 i received court date March 29th. in the packet, comes with "HERSAY" (notarized affidavit from someone in NEVADA, i say from Nevada because the Notary was State of Nevada.

She stating she has personal knowledge that said books and records are kept in the ordinary course of business and it is the regular practice to record all transactions on or about the time of occurrence .

I dont know what to do next, i did not realized when you get summon/complain you only have 20 days to reply, after i replied it took them a year to sue me and still ignored my request for verification.

one thing also.. i think i am Garnish Proof.. the only income i have is UI and husband is his SS pension.. 

I am thinking of request for ARBITRATION.

please any info who deal with S&H will greatly appreciated.

 

 

 

 

11 hours ago, Neveragain02 said:

Same boat here. Please reach out to me- we can research together 

is it from S&H also?

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12 minutes ago, Theresab1017 said:

i just received the court date (packet) from S&H Feb 2021, the complaint was sent Dec 2019, i replied to the Summon & Complaint Jan 2020, ( i request the same information) in my answer that i filed in court (Jan 2020). i never heard from them again.. till this month (Feb 2021) with court date March 29, 2021.

Usually, a lawsuit commences when the complaint is filed with the court.   Read your court rules, and if that is the case, you were sued before you got the packet.   In regard to receiving the packet, it may have taken longer because things were delayed due to the pandemic.  Check with your court.

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1 hour ago, Theresab1017 said:

i replied to the Summon & Complaint Jan 2020, ( i request the same information) in my answer that i filed in court (Jan 2020). i never heard from them again.

That is because you have to follow the court rules for discovery.  You do not demand production of documents or answers in your response to the suit.  The response is an admittance or denial of the allegations in the suit as they filed it.  THEN you do discovery where you do requests for admissions, interrogatories and production of documents.

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