I had a CC account that was just charged off in sept 03. I got a call in oct from NCI saying they're collecting this CC debt 'on behalf of' sherman aquisitions. I told them i wanted to keep all communication in writing. I NEVER GOT A LETTER FROM NCI OR SHERMAN. So just the other day I get a letter from an attorney saying they're collecting on behalf of Sherman Aquisitions for this debt. Does this mean NCI is out of the picture? I've already sent a validation demand to the Attorney. Should i also send validation to Sherman and/or NCI? (there's nothing on my Experian report from anyone...yet.) also: ~Did Sherman do anything illegal by not dunning or calling me before having an attorney contact me? ~Did NCI screw up by not sending me a letter after they called me? the reason i ask, is this quote by LKH: "What the FDCPA says is that a ca must send [a letter] within 5 days of their initial communication with a debtor. But if there is no initial communication, they need not send anything." its from this thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=49085
One perspective that I've seen is that the 5 day rule would apply if the CA posts to your CRA files without contacting you to provide the 809 notices, but it is only one perspective; I've also seen the perspective that if they never make contact then they haven't made a communication so they don't need to send the 809 notices, yet... If you've seen Sherman on your credit files, I would call the CRA up and send a validation letter to them with the address provided by the CRA. But, from what I've seen said of Sherman, they'll 'transfer' the account to one of their nillion other company names and claim that the validation doesn't apply, and try to continue collection. As far as the lawyer goes, was the communication from the lawyer writen, with a *TRUE* signature, or a facsimile signature. I'm browsing EdCombs.com now, but I remember that some Circuit Courts have said that a fascimile signature on a lawyers correspondence regarding debt collection doesn't meet the burdon of proving that the lawyer had sufficient review of the file before authorizing the letter to be sent. Basically, in order for a lawyer correspondence to be sent the lawyer needs to personally review the documentation presented by their client and determine that there is sufficient evidence provided by their client for the lawyer to believe that there is a case against you, otherwise it's a false representation of possible legal action, because the assumption of the uneducated consumer would be that *IF* I am contacted by a lawyer, their client *IS* going to sue me...
Fair Debts Collection Practices Update http://www.edcombs.com/CM/News/news7.asp III. G. FALSE REPRESENTATION THAT COMMUNICATION IS FROM AN ATTORNEY
Well, without a signature, then they definately can not prove that the alleged attorney personally reviewed the case to decide that it was legit... More than likely this lawyer is one of the many names of Sherman; hopefully the people in this forum have a complete list of Sherman's personas to refer to, so that we can find out for certain.
I don't know about Sherman or its personas, but did the letter say it was an attorney collecting or a law firm? Law firms sometimes act as CAs, not as attorneys actually representing the client. I'd send validation letters with limited C&D (only in writing) to everyone, and to anyone else who contacts you. Put them all on notice.
the name of the firm (or whatever it is) is done in the traditional law firm style--a couple of guys' last names, comma, "P. C., Attorneys at Law" (I dont want to give the actual name) I found their website, and they appear to be a "law firm who handles collection matters for creditors." I've done some googling, but I cant figure out what P.C. stands for. anyone know?
Re: Re: chargedoff & 3 collectors already? PC="Professional Corporation" it is business terminology similar to "Sole Proprietor", or "Inc." , or "LLP" It's the way they have organized their business and incorporated
Re: Re: chargedoff & 3 collectors already? update: Sherman completely screwed me. I got so busy with other stuff on my reports, not to mention my LIFE in general, that I forgot to send validation within 30 days directly to sherman. I sent validation to the law firm, and they immediately sent me two more collection letters, but i havent heard from them since. The law firm was the only contact I had regarding this debt. Sherman never called or wrote me. I should have sent validation anyway. I just checked my credit report and its on there. I am so mad at myself. what should I do now? I know I should send Sherman a validation letter. My question is: does the validation demand I sent to the attorney count for anything? I mean, shouldnt the law firm have let sherman know that i demanded validation? Can sherman wiggle out of this now? btw, this only lowered my score at Credit Expert by 17 points! Not as bad as I thought it would be. thanks for any advice on this.
Re: Re: Re: chargedoff & 3 collectors already? update again... got another letter from Sherman's collection attorneys. this is the third collection letter since i sent a validation demand. they havent even attempted to validate the debt. i have violations out the wazoo on these 'attorneys' but i don't really know if it matters. sherman still has not contacted me directly. they have listed this on my reports. are they in violation? this is such a weird situation. i cant find anything to compare it to here, other than people saying how sherman uses underhanded tactics that are barely legal, and that they have several identities. was the collection attorney responsible for providing validation or did i screw up royally by forgetting to request validation directly from sherman (even tho sherman never contacted me themselves)? what should my validation letter to sherman say now that this is on my reports?
Re: Re: Re: Re: chargedoff & 3 collectors already? CM, Sherman has contacted you INDIRECTLY. This IS a "communication" via FDCPA. Just putting a TL on your report is a communication. You do have violations dear.
Re: Re: Re: Re: chargedoff & 3 collectors already? In case the atty. now owns the account, he would be in violation for continued collection activity. As well as failure to follow procedures. If Sherman owns it, which they probably do, they are responsible for following up with their attys. In either case you didn't screw up THEY did. Let me review and I'll see if I can help CM .
Re: Re: Re: Re: chargedoff & 3 collectors already? There's one tactic that works fairly often. Can you go to the OC and say look. Your collection agent and their/your atty. has this account SO SCREWED UP, I STRONGLY suggest you let me pay it, (under protest) in exchange for your withdrawel as "reported in error". Otherwise, I believe ONLY a Jury can sort this one out. ???
Re: Re: Re: Re: chargedoff & 3 collectors already? I do hope you've verified the legalities of the CA's in your state and the state they are located in...have you?
Re: Re: Re: Re: Re: chargedoff & 3 collectors already? yes i did. seems missouri is pretty lax about licensing, etc.
Re: Re: Re: Re: Re: chargedoff & 3 collectors already? So, if the attorney does NOT own it, and Sherman does, who would be in violation for continued collection activity? both? I'm still not sure who is at fault. I'm fairly certain sherman owns it, not the attorney. thank you SO MUCH for your help with this Butch!
Re: Re: Re: Re: Re: chargedoff & 3 collectors already? Oh that stinks..sorry..and the CA is in Missouri, too?
Re: Re: Re: Re: Re: chargedoff & 3 collectors already? Butch, thanks, but you might not remember that this is sears, and i tried to settle with them numerous times before they charged it off. I dont think they would be willing to report anything 'in error' no matter what I do. I'm not willing or able to pay them what they claim I owe anyway, so I'm pretty sure if I try yet again to offer them a lesser amount, they'll just blow me off. Also, if they've sold the account, what do they care if the collector has screwed up at all? (sorry if I'm missing something there.) thanks so much again... i really appreciate your help. I was hoping you'd see my (latest) weird situation and help me, lol.
