Theyre at it again....

[BOBT12]

Originally Posted by Masked Stranger

I received a response from them. Which means they have received my "do not call" request, which they keep doing.

They had enclosed 2 capital one statements. None of them shows the $722 balance that they wrote on the initial contact notice.

one shows $550, while the other shows $589.

I have not however received any proof that they own the account, or that they are authorized to collect upon it.

Anything I can do?

Would it be wise to send them a letter,saying they have violated the FDCPA (by calling me 4 times since I sent the letter out leaving me those annoying automated messages)

I think so.

Originally Posted by Masked Stranger

and to forget about this account

Yes. And send them a copy of the dismissal.

Originally Posted by Masked Stranger

or they can sue me for their $589 (which is what they have so far proved I owe)

Why should you invite them to sue?

Originally Posted by Masked Stranger

and I will file counter suit

Yes, if they sue.

Originally Posted by Masked Stranger

for $1000 for FDCPA violation?

You should sue, or file charges, if and when it suits you. Do not let the DC set the tone of this situation.

Originally Posted by Masked Stranger

Also I have received the "notice of dismissal" for the account I did not have.

Great!

Originally Posted by Masked Stranger

It does not say with or without prejudice. However it does state "neither the plaintiff(s) nor the defendant(s) has any right to appeal from this judgment of dismissal."

Send them a copy, certified, along with your letter telling them to back off.

Originally Posted by Masked Stranger

Does that mean its with prejudice? And I no longer have to worry about that account?

Yes, it looks just as good to me.

[Masked Stranger]

No I received the notice of dismissal for the account I never had (the fraudulent one)

That is also the account I DID NOT request a VOD from this company because I knew they had no proof, and I refuse to deal with the issue. Now that I have the notice of dismissal, my views on this are further solidified.

However the "real" account I had, they only showed statements where it says I owe $589 (not the $722 they want from me)

So seeing as they have proof I owe them atleast SOME of the money claimed, what are the chances a judge would dismiss any possible lawsuit from them on grounds that they cant provide any proof that Howard Lee Schiff PC is authorized to collect on the account? (such as a bill of sale from Capital One?)

And how should I phrase a response to the VOD response from them, in which they did not include any proof that they are authorized to collect on the account/own the debt? (as I had originally requested in the original VOD to them?

[Friendsplacect]

Masked, are you in CT?

Howard Lee Schiff I dont believe is a debt buyer. They have some contract with Crapital One for all of Connecticut.
They like to file suit so beware.

Also, are they real copies or facsimile copies?

[Masked Stranger]

Originally Posted by Friendsplacect

Masked, are you in CT?

Howard Lee Schiff I dont believe is a debt buyer. They have some contract with Crapital One for all of Connecticut.
They like to file suit so beware.

Also, are they real copies or facsimile copies?

No Im in MA. But they are the fourth collection agency to try and collect on these accounts. Which is why I think they bought the debt. They did not come streight from capital one to them. I even have some of the old collection notices from agencies before Harris and Dial.

These debts went Capital one-> Some other agency I cant remember their names->TDM->Harris and Dial-> Harris Lee Schiff.

Also I have no idea what facsimile means, but the copies look to be regular xerox copies, black and white.

[Friendsplacect]

I dont think they own it I think they are just collecting for crapital one. A friend of mine got sued in small claims by howard lee schiff for crapital one that was out of SOL (from 2001). I couldnt believe that crapital one held the account that long but aparently they did.

A Facsimile copy usually says it on its face and have been known to easily molest.

[Masked Stranger]

No it doesn't say facsimile anywhere.

I think crapital one sold these accounts long ago. Why else would these accounts keep jumping from known debt buyers to other known debt buyers?

[Livefire]

Stranger,

Facsimile is the proper word for fax copies. Facsimile is a word used to describe anything that is a copy of an original.

As for the SC continuing to call you after you denied them permission, here is what you can do.....

1. If not already done, send a written notice stating that their calling you constitutes consent to recording via certified mail /w return receipt.

2. If they are using automated systems, include a short statement on your voice mail that calls are monitored, if they disagree, terminate the call now. (Have friends call your cell #)

3. Keep logs/recordings of all calls with date/time for evidence.

4. You can file suit and I would of course notify the state attorney general via letter of their misconduct.

Here's a website that tells you about the telecommunications monitoring statutes for the federal and various state governments...

http://www.callcorder.com/phone-reco...aw-america.htm

[indio007]

Easiest and surest way to get rid of these scum bags is to do a notary present asking them state the debt owed and send the bill.If they default they're screwed.

If you have a bill it probably isn't really a bill. It's a remotely drawn check as in the drawer doesn't sign it.

write Accepted across the face diagonally along with all printed all:caps name beneath it then initial and date.

The strawman is the bank the bill is drawn on. Do a bankers acceptance. If your in the US, only one bank will discharge your debt duty free. Thats the US treasury.

Make out a money order on the reverse side to treasury
Money Order
pay: One Hundred Dollars and 00/100 cents = $100.00
Payable to the order of US Treasury
memo account: SSI number
deposit only
Authorized Rep signature

[Masked Stranger]

i think I have a problem...

Today (may 14, 2008)I received a letter from Howard Lee Schiff.




"notice of withdrawal of Appearance"

"Please withdraw the appearance of Harris & Dial, LLC. as attorney for the plaintiff and enter the appearance of Law Offices Howard Lee Schiff, PC as attorney for the plaintiff."

signed March 26, 2008, by "William H Harris" of Harris & Dial.

It has a docket number on it.

However the docket number is the same number that is on my court summons that I went to on March 27th, 2008. One day AFTER this was supposedly signed. However at roll call, Harris & Dial were the lawyers representing Crap one.

What does this all mean?

Is this Howard lee Schiff trying to respond to my "prove you are authorized to collect on this debt" request? If so, why dont the dates dont make sense...

or is this a scare tactic, or was I sued again without knowing??? (meaning I did not appear...)

Its printed on regular printer paper, however there is a "Commonwealth of Massachusetts" on top, and the name of the district court under it.

[mrg]

Whatever you sent to the scum that "withdrew," send to the scum that replaced them.

And ask the second scum why the first appeared when they had already "withdrawn."