NEED HELP

dattwing · #1 05-15-2004, 02:11 AM

I would love to hear thoughts on an ongoing problem I'm having, I was default on a cc, then another company bought the account and sent a debt collection/lawyer firm after me. The collection side sent me a letter and now the lawyer side is involed saying I have 30 days to respond with either payment or dispute. I know there are probably lazy people trying to get a free ride but, I'm not one of those people, I just have not been able to get through the material yet and am running out of time. I have not gone through the UCC process yet, is there any hope for my situation? Would the Richard Cornforth letter in his 2002 workbook on page 40 work in this situation?

RICKY · #2 05-15-2004, 05:09 AM

DATTWING:

CAN THEY PROVIDE YOU A COPY OF A CONTRACT THAT YOU HAVE WITH THEM FOR THE ALLEGED DEBT?&

SEND THEM A LETTER POLITEY AND DEFINITIVELY DIRECTING&THEM TO SEND YOU LEGAL VERIFICATION OF THE ALLEGED DEBT.SEND ALONG A CPN FOR PAYMENT UPON THEIR PRESENTING YOU VERIFICATION OF THE CONTRACT.

DO NOT DISPUTE.& PUT THE BURDEN OF PROOF ON THEM.& GIVE THEM 30 DAYS TO RESPOND.

JERSEEE,&WOULD YOU AGREE WITH THIS?& MONTANA?

RICKY

Ice · #3 05-15-2004, 05:16 AM

You don't even need to make use of a CPN.& "Verification" is something they MUST provide.

Of course there are a lot of other things you could do to mess with their heads... like sending a debt collector disclosure statement -- and request it be replied to within 30 days.

I'm sure others could give a few more suggestions on how to mess with 3rd party collectors.

&

RICKY · #4 05-15-2004, 02:39 PM

ice,

quote from ice....

...like sending a debt collector disclosure statement -- and request it be replied to within 30 days.

can you tell us where to get this statement?

i didn't see it in the downloads section.

thanks,

RICKY

Jerseee · #5 05-15-2004, 05:31 PM

Dattwing,

If you read the letter closely (I bet) they are asking to represent you. that is why they are asking you to do a dispute.

Ricky is on the right path with his suggestion. But Ice's suggestion may be the one you need.

Do some critical reading and forget how you have been taught to read. read that letter. analyze it and figure out what they are saying to you.

For example, if you 'allegedly' owe them $XXX.XX, then why are they asking you to do a dispute? Why do they need youto do a dispute if you owe?

The purpose of a dispute is to get you to give them jurisdiction and represent you--not your interests. So when you do a dispute--you are in effect disputing the terms of the agreement--not the agreement itself.

Write them and ask for certified verification of the allleged debt. If they can prove it--you will tender payment immediately upon proof of their claim. If they cannot prove their claim--you will be filing a lawsuit against them for fraud and harassment according to the Fair Debt Collection Practices Act.

Copies of a document does not mean it is valid--you need to see the original contract/agreement with the original signatures. And you may gently remind them that it is a felony to purchase debts and/or evidence and try to collect on those debts.

A simple letter stating these things may get you a response that will make you laugh.

Keep us posted and have fun

seeker · #6 05-15-2004, 07:53 PM

I have run through this senario myself... starting with the orginal CC and then to a collection agency (who purchased the debt), then a pseudo-lawyer, then a second lawyer/collection agency.. With each I have sent a Request for Validation, within the timeframe and not one has responded as requested.& As you can tell, they keep handing it to another.& The latest "debt-torney" sent me a NAF "Claim form" indicating that he was sending it to the NAF for Arbitration.& I am sent a second (actually FOURTH AND FINAL) cease and desist/request for validation letter, to the originator, but am not sure if I should go ahead a carbon copy to the NAF or wait for them to send me a letter (will they?)& A few questions I have ... did the D_A (love those intials!) actually send something to the NAF or is he setting me up to write to them "inviting" them to invade a private matter.& Why has he not responded to my validation requests?& I informed him that I would be charging him for each additional contact he made to me.& (UCC filing?) and I quoted code/ Civil Right violation and his "Procedural Code" violation (lawyer code).&

My thoughts are that as long as you respond in a timely fashion, ask for validation in clear terms, (please provide me with the original contract giving you jurisdiction in this matter), do not argue (or dispute), and let them know there will be consequences for continued harrassment (as per the FDCPA), you should remain in honor. Remember to respond via Certified or Registered mail to verify receipt and carry through on threats.& I intend to bill this D_A for any new contacts made by him to me to the tune of $10K per -- that's what I told him it would cost him to talk to/bother me, from this point on.&

Any additions?&

Thanks for all the help from this board!

&

Seeker

dattwing · #7 05-15-2004, 08:45 PM

Thank You all so much for the time you took to share your thoughts. I did read the letter sent to me and I believe your right, they are asking me to contract with them. This being the first time in this situation, I got a little freaked-out......... would something like this be sufficient?
Hello (signature is unintelligible),
&<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

></o

>
 This is a request for certified verification of the alleged debt owed. Please also include the original creditor’s name and address as you stated in your previous communication on April 22, 2004 that the alleged debt was purchased by XXXXXXXXXXXX. Assignee of&XXXXX Bank, your client. If I may remind you, it is a felony to purchase debts and/or evidence and attempt to collect on those purchased debts. 
Best regards,

&

&

#8 05-15-2004, 10:43 PM

Where can you find the Debt Collector's Disclosure Letter mentioned by ICE?

#9 05-16-2004, 01:23 AM

Dattwing,

You mentioned that this is your first time in this situation.& I think that it is great that you are willing to write your own letters.&

I would like to point out that it is always good to remain confused.& I might say something like the following:

Dear Debt Collector Thief,

I am receipt of a letter from you dated April 22, 2004.& I'm confused.& I don't know who you are.& I do not have a contract with you.& Could you please provide me with certified verification of the alleged debt that you have referred to in the above referrenced letter?
I would also like to see any alleged assignment of contract that you have in referrence to the alleged debt.&
You have 30 days to provide this to me.

Signed,
I'm Not Stupid

Now that is a very quick paraphrase and I would certainly like a second opinion from others on this forum.& What I am trying to get at by asking them to provide a copy of the assignment is that by doing so, they will most likely provide you with proof that they purchased the debt.& The assignments that I have seen say, "(original creditor name) does hereby assign, sell, transfer and convey".& So if you can get that piece of paper from them, you have a little more backing with the next letter that you right.& If you even have to write another letter.

Whenever I have asked for verification, they always send me some photocopies, which of course is not verification.& I have asked for the assignments in the past and they either go away right then, or they send me the assigments and then I point out to them that they have committed a felony and then they go away.

So, if I am wrong in my above letter.& Somebody please point it out ASAP so that I do not lead others in the wrong direction.& Also, there needs to be some expansion on the 30 day part but it's late, so maybe tomorrow I can think more about it.

Later,
SJ

#10 05-16-2004, 02:21 AM

Check the code for you state, but I think it's the same in all states. So:

Make absolutely certain you "request" proof that the collector is licensed to do business in your state. If not--or they fail, refuse to provide such proof--tell them to go away.

And while you're waiting to hear from them, contact the secretary of state yourself and ask if they have a record of the debt collector.

Always a good thing to see someone else doing what I wish I'd have started doing when I was 17 years old and left home:

Demand to see proof and verification of alleged debts!

Best to you. But you'll do splendidly!

Randy