Re: Re: Re: 3rd party communication today!! Here here! Excellent advice as always.... spank you very much, SnakeMan
I'm not making fun of you. I said you tickle me. I admire the fact that you have made a decision (to fix your credit), and that nothing and no one is going to stop you, or trample your rights while your doing it. You will be successful at this.
Re: Re: Re: 3rd party communication today!! Oh, I almost forgot. I think I may be wrong about this whole thing. You see, I was informed today (and forgot to mention), that this law firm has a relationship with this collection agency in that the CA retains this agency, as well as the law firm retains this CA. If the Law firm were truly a CA also, why would they send this debt out to be collected on? I was told that this CA uses this law firm for judgments, and that their relationship goes back and forth. If this is the case, then they most certainly can discuss this debt with their attorney.. See my point? Please tell me I'm full of it. I don't wish to be right this time. SnakeMan
Re: Re: Re: Re: 3rd party communication today!! From the tape recorded information you gave us, they were only made aware that you had other debts. Remember - the law office said they only knew "there were others". They haven't given you any information to indicate they are suing you for the others (thus the need for an attorney), and you have a decent claim that your rights were violated. If they say they are handling them ask them these questions when they call you about the ITS Why haven't I heard anything? Wouldn't this be a conflict of interest? At one time I had an attorney/client relationship with them. They were privy to some very private information. etc etc. Watch them stutter...
Re: Re: Re: Re: 3rd party communication today!! Thanks for the excellent advice. I think you made a great point. I'll edit the original letter I posted earlier and end it with the basic 7 days of confirmed receipt...I'll sign it and mail it tomorrow. One more note, I talked to a Collection attorney who was interested in the knowledge I have received from listening to you guys and by being a memeber here for a short time. He said that some of these local CA's sometimes don't care if they lose money or not. He said that he had a local (wouldn't give a name) CA who hired him with that in mind. He stated that they didn't care if they made one dime.....it was the principal! Imagine that...a CA with principles?? SnakeMan
Re: Re: Re: Re: 3rd party communication today!! Did you ask him about this situation? I was going to suggest that you see if you could find an attorney to run it by.
Re: Re: Re: Re: 3rd party communication today!! Yeah, I ran it by him. He thinks that what most likely would happen is that I would not get to court. But he reminded me also that if I send an ITS letter to make sure I follow through with it. Often times saying you will sue and then not sue could be construed as "illegal"?? (not quite sure what term he used). He said file in their county so they one less thing to argue about. Problem I have with that is in that county, the District Court Judge is a jerk. The CA is in his little town. They will laugh me out of the court room up there if I try my FDCPA rights on the likes of him. I'd like to file in the county where I live and also where the alleged debt took place. He didn't offer too much of an opinion though. He said that he practices mostly on "the other side of the fence". Jlynn makes another good point about conflict of interest.Just as a law firm would not take my case because they may represent certain CA's. So to should the Law Firm see this as a conflict of interest. SnakeMan
Re: Re: Re: Re: 3rd party communication today!! File in small claims court, not district court. I don't see why you can't file where you live. Make them travel. I think you want to make it as inconvenient as possible.
Re: Re: Re: Re: 3rd party communication today!! Never heard of a CA with principles--but then this could be a bad principle, for you anyway. So maybe it makes some sort of convoluted sense.
Re: Re: Re: Re: Re: 3rd party communication today!! Small claims court? I knew that! Sorry... I was told that if I file in my county they will most definitly file for a change of venue. The reason for them is simple, they know their Judge will do whatever they want him to do. And trust me folks...were talking "good 'ol boys" mmmkay?? SnakeMan
Re: Re: Re: Re: Re: 3rd party communication today!! I'm not sure they can do that in small claims court. That's the idea, it is where the person filing lives. You could check with the clerk of court in your county.
Re: Re: Re: Re: Re: 3rd party communication today!! I cant believe I forgot to mention something else. This CA guy also told me something else that makes me doubt myself. I sent him a Validation letter 2 weeks ago. He said when I talked to him today that he spoke to the law firm/attorney because in my Validation letter it states at the bottom "you may wish to consult with a competent legal advisor before your next communication with me". LOL....did I shoot myself in the foot here? Or is he so full of it his eyes are brown? Seems like he almost made a good point....almost! SnakeMan
Re: Re: Re: Re: Re: 3rd party communication today!! I have made a few changes to my ITS letter. I took a little bit of everyones advice here and added some FLAVOR! What do you think? 09/23/2003 SnakeMan My street Mytown USA Accounts Receivables Solutions P.O. Box 184 301 N Clinton St Johns MI 48879 David A Mageli, This letter is formal notice that I plan on filing suit against your Collection Agency for violations of the FDCPA, specifically sectionâ??s 804. and 805. of the Fair Debt Collection Practices Act. In a conversation with me on 09/23/03, Amy from the billing department of Hubbard Fox Law Firm has informed me that you have been communicating debts with her that you claim I owe your agency. The law firm is the client of the Collection Agency, FOR THE LAW FIRMâ??S ACCOUNT ONLY. Any communication between your collection agency and the law firm regarding the law firmâ??s account is PERMISSIBLE. Discussion about any OTHER debt is SPECIFICALLY PROHIBITED by the FDCPA. Amy from Hubbard Fox Law Firm specifically stated that â??I understand that you have other accounts with them alsoâ?. When I asked her â??how would you know thatâ?? She stated â??because Iâ??ve talked to themâ?. She then further stated that â??I donâ??t know what the accounts areâ?. Further, it would be permissible to discuss such information with this Law Firm if you were starting legal proceedings against me. To this day however, they have no record of any pending litigation forwarded by your Collection Agency to them in regards to me. Any litigation you decide to start in the future against me will only further represent my belief that you have violated the law by disclosing my information to a 3rd party even though at the time you had no permissible purpose to do so. I also believe you never could have, or can now, retain this Law Firm to sue me for the alleged debts because of the conflict of interest this Law firm would have. In past contact with me, your Collection Agency stated that I was their client, and I owed a debt to them which they have forwarded to you. 804. Acquisition of location information [15 USC 1692b] Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall â?? (1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer. (2) not state that such consumer owes any debt. 805. Communication in connection with debt collection [15 USC 1692c] (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Because of your blatant and complete disregard for the law, I will be seeking damages for the following; 1. Defamation of character 2. Unlawful disclosure 3. FDCPA 813. Civil Liability [15 USC 1692k] Section (2) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000. In this case $1,000 PER violation. You have 7 days from confirmed receipt of this letter to respond to me by either mail or phone. This letter is not an acknowledgment of any debt that you claim I owe your agency, and I retain the right, if I choose, to send written request for verification of the debts you allege I owe. Thank you in advance, SnakeMan....Collection Agency Equalizer
Re: Re: Re: Re: Re: Re: 3rd party communication today!! I would take the above out. Why give them any ideas?
Re: Re: Re: Re: Re: Re: 3rd party communication today!! I want to know what the harm in putting this in would be. I just thought that letting them know that "he ain't got nowhere to run" would be better then him not negotiating with me in regards to this matter. I mentioned before, I do not wish to take this to his court in his county. Someone here mentioned that you can't get a change of venue in small claims. Is that true? SnakeMan
Assume I'm the CA... Snakeman says if we were talking to the attorney about his other debts because we were going to sue him, then no violation. What's the date of Snakey's letter? Great--Yo Guido! Gather up some work orders to send over to that attorney he owes, the other debts we got on him. Be sure a back date them a few weeks before his letter. Now we can show we were legit in talking to the attorney about them. In the realm of possibility? Small claims - I don't know about the change in venue, but if that doesn't work they can always try to bump it up to a higher court. Heard that happens.
O.k. here's where I'm at today. I sent the ITS letter out last week and gave this CA a week to contact me. I need to know what I should do this wednesday when he doesn't respond to my letter. I know I need to file a suit in small claims but I need some advice on how to structure this suit. I know what I need to say, it's more of what I shouldn't put in the suit that I'm wondering about. I also have been hoping it wouldn't come to an actual suit here. It doesn't seem to me like I have much of a case here. Anyone with experience suing a CA would be helpful. SnakeMan
They will probably respond. Did you send it to the Agent of Service. I'm getting your paper bag ready...
