Debt Collector Success

[acicalla]

Hello, I think I have this one licked but I would like some feedback from the forum. I used the 9 page vod with promissory note sent via registered mail. After sending the vod I recieved a phone call about a week later from Sherman Aquisitions. I told the lady that I did not do commerce over the phone and that any business needed to be submitted in writting. Then last night (about a month later) I got the letter below. I have removed some things like my name and address but the rest is still the same. If my understanding is correct they are stopping collections and removing it from my credit report. If I am mistaken by my interpretation please kindly let me know.
Sincerely,
acicalla, Learning In Memphis


PREVIOUS CREDITOR: Triad
CURREFif CREDITOR: Sherman Acquisition II LP
BALANCE: $7251.71
04-18-05
Dear XXXXXX;
RE: Account Number 4417128417441704
This account was purchased by Sherman Acquisition II LP and placed with Alegis Group LP for servicing.
Based upon the research conducted by the Customer Service Department, the above referenced account has been closed and will be reported to the major credit reporting agencies to delete the Sherman trade line during the next reporting cycle. All collection efforts will Cease for this account.
We apologize for any inconvenience this matter may have caused.
If we can be of further assistance, please contact one of our Customer Service Representatives toll-tree at .
Sincerely.
Customer Service Department
Alegis Group LP
Tips communication is sent to you by Alegis Group LP, a professional debt collector,
Please read the following iniporlant notIce, as they may affect your rights.
This communication is Iron a deth collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
As required by law you are hereby notified that a negative Credit report reflecting on your credit record may be submitted to a credit-reporting agency if you fail to fulfill the terms of your credit obligation. The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances. collectors may not contact you before 8 am. or after 9 pm. They may not harass you by using threats of violence or arrestor by using obscene language. Collectors may not use also or misleading statements or call you at work if they Io,ow or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, otherthan your attorney or spouse. about your debt. Collectors may contact another person to contimi your location or enforce a judgment. For more information about debt collection activdies, you may contact the Federal Trade Commission at 1-877-Fit-HELP cr wt44I.ftc.gov.
SEE REVERSE SIDE FOR IMPORTANT PRIVACY NOTIFICATION FROM YOUR CREDITOR

[wirlwind]

I used the same VOD to a lawyer that was attempting to collect for Sherman Acquisition. I never heard anything else (it has been close to a year), but it is still on my credit report as a negative entry. Don't know if that helps or not.

Donna

Congats!!! What is a VOD? Where can I get a copy? Was Triad the original "credit" source? I am just getting started using these methods and it seems that if we had a list of sources that more readily accepted discharges then one could open an account with them and transfer balances from more difficult agencies.

[Campy]

aweome! great job

[jaylon]

Congratulations!! It's seems like it's over. I have a battle going on with Sherman/Alegis myself. It's a small debt of like 600.00 but they aren't backing down. I sent them a letter requesting verification and they didn't respond, however I received a letter from a lawyer supposedly representing them. I delt with the lawyer and haven't heard back from him. So then I sent a complaint to the FTC and them Sherman sent me (get this) A affidavit of debt. I was an attempt to verify their claim. I thought it was funny. So I sent them a settlement offer due to their violation of the FDCPA and the FCRA. I just received a copy of my credit report and now it's marked disputed by consumer. I have to go file my papers because I told them if they didn't respond I was going to litigate and I am a man of my word. Make sure you check your credit report to validate they deleted themselves. Good job!

[quote=acicalla]Hello, I think I have this one licked but I would like some feedback from the forum. I used the 9 page vod with promissory note sent via registered mail. After sending the vod I recieved a phone call about a week later from Sherman Aquisitions. I told the lady that I did not do


Will someone please tell me where I can get a copy of subject 9 page VOD/
promissory note? I need to get started on some account eliminations and, being new, don't know exactly how to begin. Am reading the board and getting good ideas but - do need a little guidance. Can I use a shorter form and get the same results as the long one?

Thanks

[D.Dog]

Hermit,

Go to forum
click on members resources.
click on downloads.

you will find more there than you can even comprehend. But do not worry as I am a newbie myself, and was inundated with questions from my self it is best to take in one or two things and get to know them well. This has slowed me down a bit however, it is vital to the learning proccess. And is much more effective.

One of mt favorite sayings is "When you're green ya grow. When you're ripe ya rott" in other words just about the time ya think ya know every thing it will bite ya in the A$$.

Now go get'em

[sadie]

jaylon

You said you sent a settlement offer due to violations of FDCPA etc. Can you share more info on this please?

Thanks D-Dog! Great in-depth info from sui juris. I need to send a
response to one "collector" very quickly but have a little time on others.

I was placed in this "debtor" situation by trusting, and believing, a friend, and paid an outfit in FL $4,000 to "eliminate" some debts for me. Appears now it was a ripoff - but will work on that later. Right now just interested in doing it myself as quickly as I can. Any info you can pass on will be deeply appreciated. This forum is fantastic!

hermit

[jaylon]

There is a book I got at www.creditinfocenter.com called turning the tables on creditors. It tells you who you can sue and what you can sue for, also lists a chart of violations and fines associated with these violations.

This is what I composed from the information I took from the book, feel free to use it. I have exhausted my administrative remedy with these clowns because they haven't responded so I'm going to file a claim!


Via: U.S.P.S Certified Mail, Delivery Confirmation No. 7005 0390 0004 0312 1887

[April 19, 2005]

SETTLEMENT OFFER

Re: Alleged Creditor: [SHERMAN ACQUISITION L.P.]
Alleged Balance Due: $[630.00]
Alleged Reference No: [0660457752914]

Dear [SHERMAN ACQUISITION L.P.]:

Thank you for receiving this notice. I regret to inform you that your company is now the target of a lawsuit due to an endless circle of grief that you have caused me. You have violated the Fair Debt Collections Practices Act as well as the Fair Credit Reporting Act on multiple occasions. I have an extensive paper trail along with substantial proof of these violations. However, I am willing to settle this matter and save us both the aggravation of fighting this out in court. I am willing to settle this matter out of court upon:

1. A check in the amount of $2,500.00
2. Deletion of the account in question from my credit files with all credit reporting agencies public and private.
3. Receipt of a letter stating the account will be blocked from reappearing on my credit files and will not be sold or transferred to another company.

Introductory Certification

Affiant is of lawful age and competent to testify and has firsthand personal knowledge of the facts stated herein. On [February 22, 2005] your organization was sent a request for verification (Exhibit A) via U.S.P.S. Certified Mail, Return Receipt Requested (Exhibit B), Delivery Confirmation Number: 7002 2410 0002 9006 5080. This request was signed for on [February 25, 2005] by an agent of your company [D. Prevatte], thus confirming receipt. Affiant has given [SHERMAN ACQUISITION], hereinafter, DEBT COLLECTOR, ample time to correct DEBT COLLECTOR’s commercial dishonor, and DEBT COLLECTOR has dishonored Affiant’s sincere attempts. To date, Affiant has received nothing from DEBT COLLECTOR. This notice is to inform DEBT COLLECTOR in writing that fifteen (15) days from the receipt of this notice, Affiant will promptly file a claim against DEBT COLLECTOR.

COUNTS

I DEBT COLLECTOR reported Affiant’s credit history inaccurately resulting in financial injury and defamation of character.

Precedent/Law: US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan
Fine: Extent of damages incurred by wronged party as deemed by the courts

II Affiant disputed alleged debt and DEBT COLLECTOR failed to report it as disputed to credit bureaus.

Precedent/Law: FCRA Section 623
Fine: $1,000.00

III Affiant disputed alleged debt, DEBT COLLECTOR failed to validate alleged debt, however DEBT COLLECTOR continued to pursue collection efforts violating Affiants consumer protection rights afforded by the FDCPA.

Precedent/Law: FDCPA Section 809(b)
Fine: $1,000.00

If you wish to settle this matter, you may contact me at the address listed at the top of the page. If you decline this offer of settlement, I will seek the full amount available in the county court and a court order from the judge ordering the information to be removed. I do look forward to your response.

Until then it is my pleasure to be .. .. ..


Jaylon
I declare that the foregoing is true, correct and complete under penalty of perjury.

Enclosures: Exhibit A – Correspondence Dated 2/22/05 with U.S.P.S. return receipt verifying DEBT COLLECTOR’s receipt, Exhibit B – Copy of recent Credit Report showing DEBT COLLECTOR is inaccurately reporting unverified account, Exhibit C – DEBT COLLECTOR’s attempt to pursue collection efforts via third party without verifying alleged debt, Exhibit D – Affidavit of Non-response

SETTLEMENT OFFER # JMJ-041905-SA