Theyre at it again....

[Masked Stranger]

Some of you may remember me from my previous thread
Being taken to court for 2 debts, but only one is valid...


Well I came home today from a long day of exams and stuff, and I had a voicemail waiting for me. It was from
Howard Lee Schiff. P.C. saying they've been hired to collect a debt from me. (they said that on the voicemail, isnt that against FDCPA?)

So I call them up, and the lady told me theyre calling on behalf of, yep you guessed it, Capital one. She quoted the account number, but who remembers them by heart? So I asked for validation of debt. She said they already sent me one (I have never received anything) so I asked them to send it again which she said she will.


However, (not sure if anyone remembers this from the other thread) One of the capital one accounts (the one that was mine) I had already made arrangements to pay. They agreed to wait until I received my tax refund. How nice of them

The other capital one account (the one I never had) was dismissed by the lawyer/judge at trial. So Im wondering if its possible Harris and Dial would knowingly sell a dissmissed account (which would be lolz), and which would also be very easy for me to win again.


But now im also wondering if its also possible Harris and Dial also sold "my" account to them. I have not yet called Harris and Dial to ask about either account, but I will tomorrow.

Im really afraid that if they did sell "my" account to them they would not be as nice as Harris and Dial visa vi the amount of time to pay it.

Has this ever happened to anyone? any ideas on what I should do?

[masterduke]

Could these 2 debt collectors be owned by the same group of debt attorneys? All of the big debt attorneys seem to own several subsidiarys so they can skirt around the law thats states that an attorney can not bring suit on their own behalf(or something like that) So they have these fake companys posing as a seperate enitities so they can pretend that they were hired/assigned by the fake company to go after you. Did you ever recieve any sort of documentation regarding this debt that they said they would dismiss? That would be no suprise if thats not the debt that they are now starting to chase you around for. They will throw a bunch of stuff against a wall, just to see what sticks. They don't care if that debt was yours or not. They just want to steal money from someone, anyone! It makes absolutley no difference to them where they steal it from period! As for promises to wait for you to get an income tax return or some other source they are very greedy and may just jab ya anyway since you will be the one who will ultimately pay for their court costs and 'services' provided in any summary judgement they get.

[BOBT12]

Originally Posted by Masked Stranger

Some of you may remember me from my previous thread
Being taken to court for 2 debts, but only one is valid...


Well I came home today from a long day of exams and stuff, and I had a voicemail waiting for me. It was from
Howard Lee Schiff. P.C. saying they've been hired to collect a debt from me. (they said that on the voicemail, isnt that against FDCPA?)

So I call them up, and the lady told me theyre calling on behalf of, yep you guessed it, Capital one. She quoted the account number, but who remembers them by heart? So I asked for validation of debt. She said they already sent me one (I have never received anything) so I asked them to send it again which she said she will.

Remember to confirm everything in writing, within ten (10) days. Perhaps, you should tell them to only contact you in writing, while you are preparing your letter (VoD). This way you can document their lies. If you talk to them, let them know you are going to record the conversation. It is a good idea to stop talking over the phone. As you see they will twist you up. Try to use a recorder that will also record the time and date of the discussion. You may want to check with Radio Shack, Staples, etc., for equipment to hook to your phone.

Originally Posted by Budd Hibbs

You almost never are allowed to speak with the attorney who sent you the letter because he is always "in court." You are told that they never take calls from debtors. Well that's not correct. The law states that if an attorney places their name and/or letterhead on a collection notice, they MUST make themselves available to talk with you and they MUST have some knowledge of the debt. Don't be intimidated by these over-bearing jerks. THEY CAN BE HELD ACCOUNTABLE UNDER THE LAW! If you feel that your rights are being abused by a debt collection attorney/law office, file a complaint with your State Bar Association, the Attorney General, or the Federal Trade Commission

Emphasis added.

The FREE Bud Hibbs Cease Communication Letter.

Emphasis added.

http://www.budhibbs.com/

However, (not sure if anyone remembers this from the other thread) One of the capital one accounts (the one that was mine) I had already made arrangements to pay. They agreed to wait until I received my tax refund. How nice of them

Do you have this in writing? If not get it in writing. At least send the DC a confirmation of the agreement, as you understand it, and allow them a reasonable time to respond, such as ten (10) day to make an adjustment to your understanding.

The other capital one account (the one I never had) was dismissed by the lawyer/judge at trial.

Get something in writing. Go to the courthouse if needed. Get a copy of the docket of your case.

So Im wondering if its possible Harris and Dial would knowingly sell a dissmissed account (which would be lolz),

Why would this be surprising?

and which would also be very easy for me to win again.

Get documentation of your win. You do not want to keep getting pushed into a court setting, you may drop the ball any number of ways, mostly due to time issues.

But now im also wondering if its also possible Harris and Dial also sold "my" account to them. I have not yet called Harris and Dial to ask about either account, but I will tomorrow.

Send them copies of your win and agreement. They must honor them, and it is important to make a record ASAP, in case they try to pull some trick.

Im really afraid that if they did sell "my" account to them they would not be as nice as Harris and Dial visa vi the amount of time to pay it.

If there is a deal that was agreed to, then to new owners are stuck with the deal. Do you have the documentation of the deal, is the main question?

Has this ever happened to anyone? any ideas on what I should do?

All sorts of things happen with DCs. You must document, document, document. If they keep harassing you after you provide them with documentation to support your position, you can sue them for Abuse of Process (court process) if they take any further action.

Remember to send the VoDs certified. Make them prove their claim. Please pay close attention to all deadlines, you usually have 30 day to respond with a VoD.

It may be a good idea to follow masterduke's advice about cleaning out your bank account. This is not a time to trust third parties to handle your money.

There are many tricks to watch for.

http://www.budhibbs.com/

http://www.suijuris.net/forum/banks-...ibbs#post82487

http://www.suijuris.net/forum/banks-...ht=local+rules

[Masked Stranger]

I just had 2 great ideas.

For one, they keep calling and leaving messages even after I told them I will not do ANYTHING (ie. talk to them, return calls) until I received the debt validation. Which would also constitute first written communication from them. I told them to stop calling, and I will get in touch with them(in writing) when I receive the debt validation.

They keep calling. So Im ganna cost them money. This debt is for the valid debt.(ie the one I really had) its for around $800. Also the one I admitted to being mine with HArris and Dial. The one I already had aranged payment with Harris and Dial.

Do you think when they sold the debt, they also sold them all the evidence? Like the recorded phone calls of me saying yeah thats mine. I would have gladly payed this one as well once I verified it, but they keep calling and breaking the FDCPA, so **** them.

Now I want to deny it as mine, and go to court requesting evidence to prove its my debt. While at the same time countersuing them for $1000 for violating the FDCPA.


is this a good idea/

Also WHEN I win this case, heres my other idea. If they can sell and buy debt, whats preventing ME from buying this debt for 3 cents on the dollar? That way I would own the debt they cant collect on, and instead of selling it to another "lawyer" and repeating the procces, I would own my debt and this thing goes away for ever.

Has anyone ever tried this? Do they sell debt to regular people, let alone the debtor?

[courttroubles]

If you have the money you can buy charged off debts yes. For pennies on the $$$.
If this is breach on another agreement you have them.

Them leaving a message stating what the name of their firm is alright. If they indeed said this is an attempt to collect a debt after their firm name this is ILLEGAL!

While most people agree with just getting them off their back is enough I want JUSTICE. This means PLAY BALL THEIR WAY. Which is either done with a Consumer Protection Atty or a good complaint made and filed by you addressing their violations of the FDCPA.

Depending on how you APPROACH issue you can and will get justice. You don't have to go the ATTY ROUTE. You can find your own examples against agencies on Pacer and find out which cases have won or lost with the presentation they gave and outcome of case.

I found a good one filed against National Asset Recovery Services. Filed by an atty in Hawaii. Was only a $93 debt...They had to cough up $4500 for their violations to consumer along with atty fees of $3500. (besides wiping out debt) FRN's maybe worthless compared to GOLD but they spend well!

Just document or see if you can pull phn bill. Forget about doing a VOD. Threaten or do a COMPLAINT they listen to these more. It's not that your in default show how their in default to you the originator of your own debt. That they indeed are a collector.

That they've violated the U.S.C. and FDCPA. I put an example of my mortgage complaint in another thread. If it's a credit card and not such a mess as my case it'll be easy to do. Or look up the cases for examples.

Good Luck,

Kathy

[Masked Stranger]

UPDATE:

Today I received my first written communication from them.

They actually sent me 2 letters. Sure enough, they have taken over BOTH of the accounts from Harris and Dial.

coincidently today I also received the notice of dismissal from the court about the debt I never had. However nowhere on it does it say anything about prejudice, or without prejudice.

So either way that takes care of that debt.

The other debt, what are the chances I can get out of it? Im not a bad guy but these people have called me and left messages even after I told them not to call me, I will contact THEM.

Im going to write the VOD letter for both accounts. On one of them I will tell them its noncollectable and they can just drop it now (unless someone can offer a better suggestion.) I will also include in it that I already went to court for it and it was dismissed. (they said on the phone no, none of these ever went to court, another lie).

Any idea on what to say on the other one? I will ask for VOD, just to see if they have it.

[masterduke]

You need to be careful how you answer those 'assignment letters'. The debt that was 'dismissed' if not coupled with 'with prejudice'(I think?) means they could re-open that can of worms. And what have they got to lose by doing that? If they can stick you with it then its a win for them and yet another summary judgement claim. I wonder if these two 'law firms' are really owned by the same creeps? I think your being set up to get jabbed for both of these claims. They could care less who they steal money from.

[BOBT12]

Originally Posted by masterduke

You need to be careful how you answer those 'assignment letters'. The debt that was 'dismissed' if not coupled with 'with prejudice'(I think?) means they could re-open that can of worms.

I think you are correct.

Originally Posted by masterduke

And what have they got to lose by doing that?

The cost of filing?

Originally Posted by masterduke

If they can stick you with it then its a win for them and yet another summary judgement claim.

This is a real concern, it is too easy to blow a procedure, and lose. It may be better to go after the DC first. See my previous post for more information.

Originally Posted by masterduke

I wonder if these two 'law firms' are really owned by the same creeps?

I get the same feeling.

Originally Posted by masterduke

I think your being set up to get jabbed for both of these claims. They could care less who they steal money from.

This is the bottomline for these bottom feeders.

[Masked Stranger]

I sent them the letter.

in it I requested a number of things, such as a breakdown of what they say I owe the money for, and how they came to that number, and any proof that I have any legal obligations to pay them, such as contracts and stuff. It was a form I found online that I just edited to fit my own needs.

I also requested that they dont call me. If they attempt ANY form of telephone communication, it will be considered harassment. Sure enough, They called again with that automated piece of crap. (mind you this is a week after I sent the letter. I have no doubt they have received it. Another violation) *cha-ching*

However this was only for the debt I had. I did not bother replying to the debt that I did not have. I contemplated sending them a letter saying this debt was a result of fraud and whatnot, and to cease trying. But I thought that would immidietly result in them filing for suit. Which with school and work, I dont have time for right now.

But I know they have no proof on that debt, so If they file again, I feel confident I will win.

[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) and to forget about this account, or they can sue me for their $589 (which is what they have so far proved I owe) and I will file counter suit for $1000 for FDCPA violation?


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

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