letter from local Atty repping CC company

[kaptnjack]

please excuse the double post

Greetings, I'm a new member and first posting.

First..a little background.

Long story but I lost my axx in a business deal in 2000. This is not debt created out of foolish consumerism, bad management, poor money/credit skills or even poor investment actions etc. Credit was used for development; operation and management of a business enterprise and an attempt perpetuate its existence. Since then...it has gone on to make well over 100 million...unfortunately without me....but thats another story.

Also, let me say that I don't feel good about not paying my debts, I have always been very good at handling my financial responsibilities. Although the losses were legitimate and I did not abuse the credit privileges that I had...I did borrow the money, I used it, I had agreed to pay it, I lost it and now I cant pay it....not yet anyway.

I had a perfect credit history and payment record up until 2001, I have been self endeavoring my entire life in various business enterprises, reasonably prosperous and self sufficient, I am 50 now and have nothing left. I have sold everything but reasonable and modest possesions in an attempt to satisfy and exist. I have been on an all cash basis of operation for years now and my operational history of success and prosperity was derived from my credit capacity that enabled me to be entrepreneurial developing new projects...now I don't have that either. This has caused great frustration and stress making it almost impossible for me to proceed into the future..I am somewhat desperate and "painted into a
corner" but still a little optimistic.

I have been able to hang on to my house that I built when I was twenty and still live in. Nothing fancy....small, humble and dry. I was only able to do
this by being "evasive and non-responsive" to previous attempts to collect losses created by the stated business failure of 2000. If I had filed bankruptcy...I understand that I would have lost the house too.

When I was in the first throws of this situation...BK seemed an option, afterall...everybody does it, right? Then I really researched it and discovered that BK seems to only serve those that plan for it in advance...I didn't.

The result would have been a seemingly perpetual slavery and real homelessness in my situation so...I took the "deadbeat" path and I hate it, it has about destroyed me mentally and physically but, I am still at home.

ThenI rean across UCC/Redemption, it seemed attractive because it seems to display a remedy for my whoas in that I could satisfy all the losses/debt to the holders satisfaction in an honorable way. It seems very complicated and reportedly wrought with peril. It is for these reasons and others that I have postponed the "leap" because frankly..I am weak at this point and could not survive an assault or spend my last years in court fighting ghosts. It also seems to require that I forfiet my Realty licence of 15 years...essentially taking me out of that business opportunity too.

My immediate problem requires that I make a decision on the issue at hand as described:

I received a letter from a local "feeder" reportedly representing Fleet Investments.

Do I respond to the collection letter from a local, aggressive attorney concerning an old $8000 account from Fleet (now owned by Bank of America)
that was sent to my name at the wrong address for an account where the last payment and contact with the OC was in 2001? The letter must be responded
to on or about the 13th of April if that is the right thing to do.

This may be the 4th or 5th different collection service/attny for this account since 2001, but the first in my state.

links represent their offices and the Attorney that sent the letter

Buffaloe & Associates website
http://www.bsattys.com/

Joel A. Vallejo
http://www.bsattys.com/jav/

As I have explained before....there were a lot of credit providers of which I had an account that were shorted after the 2000 effort. I did at one time have a Fleet Credit Card, the last payment activity on any of those accounts was July 2001, to the best of my recollection.

A couple of points......

Letter was sent regular mail, not certified and first and only contact.

The delivery address stated as mine is incorrect (stated as 9081 XXXXX...mine actually is, 9079 XXXXX, there is no 9081 address). (I have lived here 30 years so the postman just delivered it to the name)

The letter also assumes that I would have received the letter sent to the wrong address, it would be plausible that I didnt.

The letter from Buffaloe does not state the (or any) original Fleet account number.

The amount stated as owed is not specifically familiar but not unbelievable.

The statement within the letter, "In the event I do not receive payment in full or otherwise hear from you as requested above, I will recommend that my client file suit against you to collect. Please help to avoid this by cooperating as requested.", This may be a collection infraction(?) according to.....

It is also a violation to send a letter stating that the collector will "recommend litigation" or "advise the creditor to sue." Some of such correspondence has been found to violate the FDCPA because it, in essence purports to give legal advice to the creditor. The collector is not permitted to give legal advice, unless, of course, if the collector is an attorney himself.

Three to four years ago...Buffaloe attempted to foreclose on my second mortgage for Bank of America. I paid app. $6400 to stop that.

Now... all that being said, I have in the past gotten (and still do on occasion) lots of letters from collection attorneys and collection companies, probably 20 or more different companies over the last 4+ years. Some of the same accounts have been passed to as many as six different companies for collection, some have even revolved back to the same that tried years ago.

Typically, if they are out of state, (which they have all been till this one) I essentially ignored them and have not replied in any manner to any of them at any time in any way. I have not talked or resonded to any on the phone or by mail. I have not had credit, applied for credit or requested a review of credit reporting in any way since May of 2000.

I need these guys to "go away".

Since they have a "reputation" and they are "local" and they do "know me", I feel that I may need to be more proactive in this case before it gets to a point that my butt is dragged into court....if they get a judgement...I think I'm done. So, I guess a response of some kind (validation request/cease/desist/reject the attempted contract letter or similar) may be in order unless the "Wrong Address" issue would permit me to ignore this one as well.

I have not reaffirmed anything and have not knowingly contracted with anyone in these matters.

All that being said...I am open to the processes dicussed here and other locations and want to learn more about it..that's why I read and study every day.

I am fascinated with the UCC/redemption/cancellation materials available and have been reviewing as much material as my little brain can absorb for three
years. These concepts were discovered accidentally while looking for a way to resolve my financial problems in an honorable, legal and personally satisfactory way without rendering myself homeless and destitute.

There are aspects of it which just don't add up for me or I would have already taken the steps to gain sovereignty and separation from the corporate/commercial madness that is pervasive in our daily lives.

I have begun to take preliminary precautions in the form of check endorsements (stamp) etc but, I am state licensed (realty) for my livelihood and my perception of the material strategy is that I would have to relinquish that license/privilege to proceed.

Also...we still must function in commerce, use generally accepted currency, utilize 911 services, banking and post office services all of which seem to be in conflict with the UCC/redemption lifestyle. They don't make it easy do they?

I am sure that my understanding of these matters are flawed and incomplete but I am still trying to wrap my brain around the concepts presented and championed by so many brave souls.

I want to thank everyone here for their work and efforts and generally positive and compassionate attitudes, I thank you in advance for any advice and support you may offer and, I hope that I may one day be a significant part of the study here

[Shoonra]

I am very sympathetic to people with credit card problems. The CC companies are able to circumvent the usury laws, misrepresent their fees and interest, and deliberately tempt people who are likely to overextend themselves financially. And, very recently, the CC companies have managed to make it nearly impossible for debtors to discharge their CC debts in bankruptcy.

When you got the card, there were papers you were supposed to sign; these constitute your contract with the CC company. Additionally, many of the CC charge slips that are supposed to be signed at stores actually have a line about promising "to pay according to the agreement" with the CC company. I mention this because some ill-advised people on this forum have suggested sending the CC company worthless funny money and other evasions of the CC agreement. These not only don't work, but can complicate a financial problem into a criminal one.

[kaptnjack]

thanks Shroona,

Thanks for the advice...I realize it is a serious matter. The emotional pain that accompanies this ordeal is far more expensive than the money.

And, as I stated, I am 50 and have been a self endeavoring business person since my youth. With the help of others...I rented a 2000ft building and opened a business at 15, I have had resturaunts, catering, communications, construction and realty services and other enterprises for over thirty years. I have had and properly and responsibly managed millions in credit, cash and property for decades. And, in the process have paid tens of thousands in interest and fees in the process.

The 2000 event however was financially devastating and it seemed to almost happen in an instant. I have had to do many things that I had rather not have done but after lots of study and review of my available options and their respective outcomes.......my only choice was the least worst followed by efforts to honorable satisfy everyone and re-establish my previous financial standing.

I have a plan to resolve those issues but I have yet to reach the gate to recovery. I am now and have been in survival mode...literally. And will do what I have to do in anything in the short term to legally and safely protect and provide basic housing, food and transportation.

Frankly, as difficult or suspect, as some of the material covered here and other sites may be....when it comes down to satisfying a multi-billion dollar corporation or sacrificing my three basic needs mentioned above ...I gotta tell ya..... they have to wait.

We all took a chance. They took one on me based on my past performance, then current financial qualities and exhibited responsibility and rightfully so. I responsibly made efforts to create and maintain a business that was equally a risk that I have and will continue to pay for... for years to come in ways that they can not comprehend. They can wait till I responsibly handle it or they can fight about it....and I"ll fight back with any tool or legal weapon available...to the virtual death if necessary.

Thank you

[Livefire]

You said this debt was from 2000.....Check the statute of limitations from the state you live in. Most expire after 6 yrs and make the debt unenforceable. If this is the case you can give them notice and demand to cease and desist.

[kaptnjack]

livefire....

The catastrophy was in 2000. I fought it out trying to get on solid ground up till august 2001 and I could do no more......that being the last transaction/payment activity for all accounts. The statute in my state is 6 years but that may be from any re-aging that collectors may have imposed on those accounts. I havent requested a credit report since well before this all happened...afterall...my credit life was great before this happened...when it went to s*#$t...there wasnt much sense in looking at it and I am still at a point where "repair" is not as much a priority as "survival" as stated.

Thanks for your attention...nice to meet you.

[Livefire]

More the reason to request your reports. You are after all entitled to request a free report each year from all 3 bureaus. This will keep in the loop as to what is being reported about you. BTW reaging accounts is illegal...there are a few ways to try to combat this....You can use the cease and desist letter at bud hibbs' website which essentially tells the collector, "I dont owe you and will contact the orginal creditor to resolve the matter. In accordance with the FDCPA you are directed to cease and desist in this matter." They then can only contact you via written communication one more time to inform you of their intent. i.e. proceeding with a lawsuit etc... Then you need to log any attempts to further communicate or collect from you and set up the basis for a counter claim in court. Remember, attorneys who have a large potion of their practice dedicated to collecting debts ARE for legal purposes debt collectors.

The other way is to use the VOD method utilized by Jerseee in the download section. Shoonra and a few others will vociferously disagree with this method, but hey, its' not like Shoonra's last post was encouraging. As a matter of fact it says yer basically screwed! But make sure you do your homework before using a method that's new to you. You probably only have 16 months and your home free. Get that credit report and get cracking!!

P.S. You might want to consider putting your home and vehicle into trusts ESPECIALLY if there is no debt attached to them! That will get those things out of the line of fire.

[2tim215]

What ever happened to unsecured debt?

When the banks loaned you money (or any one for that matter) there are assumed risks. That's why they get paid interest (rather high I might add). Unless any of that debt was secured with property (such as your home which I presume that it wasn't), then they should just write it off (which I'm sure they already did) and leave you alone (which I'm sure they won't). I'm also pretty sure that for you to get into the position you're presently in as you've described, they must have looked at your successes throughout the years and figured you to be a pretty good risk. Based on what you've shared, just like you were quite suprised at your failure, I'm sure they were too and so just as you have had to deal with your current situation, so should they. Whenever you invest money, whether it be in an individual via a loan or in a business venture (or ventures as you did) , you take risks. That's the nature of business. Sometimes you win and sometimes you lose. When you borrowed money you didn't risk your home since you didn't use it as collateral I assume. Therefore I think you should do as you say, fight to the end to keep it. It must be devastating going from being pretty well-off to having practically nothing left with now the threat of them trying to take your only remaining possession (your home) as well.

One of the things that I would suggest you do right away (if you haven't done so already), is to homestead your property. This like the sol laws mentioned by Livefire, will be dependent on your state. You need to check on it to see how much protection that might afford.

I expect that you will get a lot of useful information from a number of people here. So keep the faith.

My heart goes out to you and best of luck.

2tim215

2 Tim 2:15(KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

[kaptnjack]

livefire.

as part of my feeble strategy, I determined that I would not attempt new credit or request reports about old/existing credit accounts until I could start the recovery process. I assumed that those accounts that were defaulted would be checking my report for current activity anyway and any activity could possibly trigger more aggressive than normal collection attempts.

Their will be a time when the second pahase begins and that will be the repair/verification and cleaning of my CR and eventually I can begin to incrementaly rebuild my credit and then get back to some normal business. For now...its all cash...and that's a lot harder to do than when I was younger.

My goal is to stay out of court. I hate court. I am uncomfortable in court even when I feel somewhat educated and prepared.

This is my current issue. The letter from Buffaloe (local atty). I feel like ther is something to this "wrong mailing address" issue. Doesnt that give me something to work with? The only way that they could know that it was delivered was to dipose or suppeona the mail carrier. If the do recommend and eventual sue on behalf of their "client"...address is still wrong....how do they legally serve a summons to the wrong/non-existent address?

A barrister buddy of mine in FLA suggests I return the original mail saying "no one by that name at this address", I'm not sure he has thought it through...maybe I'm over thinkin' it.

In order to return the mail...it would be evident that "someone" opened (tamoered) with the mail in order to respond. But logically...would a stranger that received the letter...opened it erroneously or by accident or curiosity...take the time and effort to disclose their tampering by responding? I dont know.

I agree I need to protect what I have left....I need to study and act quickly but I am not sure exactly how yet. I did refinance a lot of the debt back into my house as part of the attempt to "handle it" at the time. There isnt much equity but maybe enough to force a sale...truth is that after the 1st, 2nd, 3rd mortgages being releived and considering a discounted forced sale...there wouldnt be any thing left to satisfy the party forceing the sale but they may not care.....you have heard as I have how that goes sometimes. I have sold most anything that had any real liquid value. What is left is furnishings, clothes, stereo, tv, computer, tools and the usual junk. I cant imagination my reaction if the sherriff showed up to attach/seize what personal effects I had left to satisfy a CC company. I really need some advice on how to file or protect what I have left while I work through this.

I am a little confused about the SOL and re-aging too. SOL is 6 years here, judgements are ten years and renewable at 10% apr. When does the clock start exactly? Six years from last payment or six years from charge-off that likely occurs >18 months after the last payment?

thank you

[kaptnjack]

Tim,

you hit it exactly.

Thats my point.

I didnt go into this to defraud or "beat" anybody. I had been doing solid business for years. I didnt blow money...I am quite frugal really. I always drive ten year old cars, I'm driving a $1400 car now...lived in the same little farm house for 30 years. no toys or extravegant travel and a modest lifestyle by any measure.

I regret that the defaults occured...the cost is and has been...and will continue to be, overwhelming. I didnt plan it, didnt expect and couldnt see it until it was done...nobody ever does of course.

It was all unsecured debt....they took a measured risk...I took a measured risk, we both loose. I am sorry...I hate it.

I hope I can find a way to resolve all of this and rebuild. If there is an honorable and legal way to satisfy the debt that is within my reach, I want to try it.

I hope that one day...somehow...I can satisfy all accounts and start new and fresh.

thank you

[Livefire]

Credit bureaus determine SOL from the date of last activity on the account (DLA) That is why you need the reports to determine exactly what is going on. You not requesting that info is akin to a turtle withdrawing into its shell for defense. Fact is, those shysters, if left unchecked are gonna toss you into a pot of hot water and make turtle soup outta you and use your shell as a bowl at supper time!!! :( Get the info, its not gonna hurt your cause.

I think its too late to refuse the dunning letter for cause. You couldve done that without opening it. Writing not at this address in red and sending it back wouldve sufficed. You do have the right to force them to validate their claim. Study the VOD package on this site OR if you wish to pursue more conventional methods, check out www.budhibbs.com There is some good info on that site and links to consumer advocate sites as well. Dont lie down and let that shyster law firm get a default judgment against you!!! That dunning letter is a fishing expedition to see if they have a sucker on the line.

Send me a PM (private message) thru the forum giving me an email address and I'll send you the Richard Cornforth material I have to help you learn how to defend against debt collectors.