Experts reads this! lawyer wannabe?

Discussion in 'Credit Talk' started by Mrei, Jul 25, 2002.

  1. Mrei

    Mrei Well-Known Member

    Today picked up some old mail from my previous roomate, I found this collection letter date last year, after compare to my CR, this turn out to be from Ace Recovery Service Inc, my CR reads;
    Ace recovery Serv inc
    Date Op/since 3/2001, 08/1997
    date of sta/last 7/1997 04/2001
    balance 6350.00
    term.type Installment

    Now , read this letter as they try to make me think this is from a lawyer...

    LETTERHEAD: ARS LEGAL DIVISION
    TEL: (510)-663-5140/ FAX (510)663-5141

    Dec 02, 2001

    Mrei
    You know wht ave
    wt city, MI

    RE: ARG INC
    CLIENT: FCC NATIONAL BANK
    ACC#
    FILE:
    BALANCE OF TODAY : 9000.00
    SETTLEMENT ARRAGEMENT: 6000.00

    DEAR SIR,

    Please be advice that our office represents A.R.G.Inc in reference to FCC National bank acc # 4558XXXX/file number 123. ARG authorized the following arragemnt in the form of a settlemnt in full on the above reference account in the amount of $6000.00, which is to be paid as follows:
    One payment in the amount of $ 6000.00 due no later that Jan 05, 2002
    Please make your paymnet payable to ARG Inc and be sure to include the file number.

    If this payment is not received on the above pre-determined date, this offer will become null and void and the ful balance owned will become due immediately.
    Mr. mrei, upon receipt and clerance of the agreed funds, ARG Inc will make all recommendation and prepare notice so that any derogatory trade line referring to the above acount will be deleted by all CRA.
    Sincerely

    signs..BIG BAD STUPID COLLECTOR
    "Final Review Officer"
    ____________________________________________

    Tell me they are trying to break the law?!!
    1) They are the 3rd CA that this debt is sold to, none of the OC nor any previous CA were able to verify nor validated the debt, so the TL is deleted.
    2) They report I own $6350, but yet they are billing me $9000, and are SO KIND to settle for only $6K!!
    3) Who the hell is ARG? and why are they refer themself as ARS LEGAL DIV when they are actually ACE RECOVERY SERV, what kinda game are they playing?!!!
    4) and last...This stuff is out of SOL, what the hell are they thinking!!!!

    I am sooo mad..I think I will send they a val first, I am working down the list , just havent get the chance to lay my hand on them yet........so mad...my face is all red....................!!
     
  2. Mrei

    Mrei Well-Known Member

    Experts..your opinion pls

    mindcrime,lizardking, breeze,doc, love...
    Can you tell me what you think of their letter???
     
  3. creditman

    creditman Well-Known Member

    Re: Experts..your opinion pls

    1. They are to even pretend to be lawers -violation
    2. Did not state who OC was -violation
    3. no mini maranda -violation
    4. are they licenced in your state? surety bond?
    5. SOL?

    Is this on your report yet from them? if not you may be stirring it up to go after them. Unless u are under the SOL.

    There are other violations here, u have a good chance to pick up some extra cash!
     
  4. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    CLIENT: FCC NATIONAL BANK

    Please be advice that our office represents A.R.G.Inc

    For the sake of leverage, I can tell that they are not the owners of the debt, they are merely collecting on the behalf of the OC. That is why this debt has been passed on so many times, when one is not successful the OC hires another CA, hoping that they will be.

    upon receipt and clerance of the agreed funds, ARG Inc make all recommendation and prepare notice so that any derogatory trade line referring to the above acount will be deleted by all CRA.

    Also, note that they will *recommend* the OC delete the tradeline, its not guaranteed.
     
  5. Mrei

    Mrei Well-Known Member

    creditmen..
    1) yes still shows on my CR. until 2004
    2) Yes , I am in CA, the SOL is 4 year..and is past..
    3) my guess..ARG = ARS Legal Div = Ace Recovery..no matter how they put it..they are the same. unless somone can find other info..
    4) Just send a Val demand letter,. after that, I will send this copy to FTC & BBB, let them deal with him

    Thank u for your imput, just wanna make sure I wasnt over reacting..I even lost sleep last night for this..
     
  6. Mrei

    Mrei Well-Known Member

    Love..

    I think they are the owner, they are just playing the lawyer game since is PAST SOL.
    The OC was FCC, sold to Gulf, then to Collectex then to ARS. Gulf & Colletx quickly drop the TL as soon I question them.
     
  7. cable666

    cable666 Well-Known Member

    Please tell me that the misspellings and grammer in their letter are from what they sent you and not what you typed in here!

    I agree that this letter presents itself as being from a law firm or lawyer. Thus, if it is not, then they have violated the FDCPA and you can sue.

    This should be easy. If they are a law firm, or a lawyer, then they need to be licenced with the state bar in the state where they practice. Call that bar assoc and get their membership number.

    I don't understand the comments about the SOL. Just because a debt is older than the SOL does not mean they can not sue. Nor does it mean they have to tell you that they are aware of the SOL.

    So being older than an SOL and bringing forth a suit does not violate the FDCPA.

    The SOL is for you the defendant to use to get their lawsuit dismissed. If you fail to bring it up, they can win their lawsuit.
     
  8. Mrei

    Mrei Well-Known Member

    well, mispelling might be my typo..but the letter is exactly what they send me..no modification what so evr...
    about SOL..legally uncollectable debts...maybe some expert can answer that for me...
     
  9. ljones4521

    ljones4521 Well-Known Member

    Re: Experts..your opinion pls

    How do we determine if they are licensed in our state?

    Are collection agencies required to be licensed in the state they collect or attempting to collect?
    Is attempting to collect a debt considered reporting on the credit report or do we have to wait for them to contact us?
    Last question, can we demand this information in our validation letter?

    Thanks
     
  10. creditman

    creditman Well-Known Member

    Re: Experts..your opinion pls

    How do we determine if they are licensed in our state?

    Are collection agencies required to be licensed in the state they collect or attempting to collect?
    Is attempting to collect a debt considered reporting on the credit report or do we have to wait for them to contact us?
    Last question, can we demand this information in our validation letter?

    1. yes
    2. u dont have to wait if they have it listed on your report
    3. you can demand, but they dont have to put it in. you want them to rack up violations so u can sue them and they then delete the neg info.
     
  11. Mrei

    Mrei Well-Known Member

    Re: Experts..your opinion pls

    I thought in some state they dont have to be license only bond...uh..I am wrong I guess....
     
  12. JohnM

    JohnM Well-Known Member

    Mrei,

    They dont seem to be very aggressive if the last contact was in December. I'd save the letter and not contact them.

    I agree with Creditman the lack of a "mini miranda" is a slam dunk for a violation. If you get another letter it would be another violation without the MiniM


    JohnM


    Mini Miranda isn't that MiniMe's girlfriend?
     
  13. Mrei

    Mrei Well-Known Member

    TOO LATE jOHN..
    already send them..
    I read once in a CA website advice their member to be xtra carefull about accounts past SOL, maybe that is why they stopped bothering me..dunno.
     

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