I need help, fast! Simm Assoc.again

Re: Re: Re: I need help, fast! Simm Assoc.again

A C&D has absolutely nothing whatever to do with validation or the validation demand.
Two totally different things.

 

Re: Re: Re: I need help, fast! Simm Assoc.again

Whatever it is that they need to talk to you about is their problem, not yours. You have no need to talk to them.

Sounds to me like they are.

 

Re: Re: Re: I need help, fast! Simm Assoc.again

You should check out the message board too. Especially the resources forum for both Canada and the US.

The Canadian forum isn't nearly as big as the regular forum but there is a lot of great information in all of the forums. Surprisingly enoug, Canada has better consumer protection laws than the US does in many ways. It is extremely difficult for Americans to find any links to Canadian sites because of the way they run their governmental structure. So Canadian consumers have a lot more difficulty finding links relative to their problems. I just added a few more as well as links to UK, Australia and Belize. There are also links to the constitutions for just about every country in the world.

And that don't even start to count the links to US sites, law libraries, law dictionaries and tons more stuff. Then there is a whole section devoted to IRS alone. Its not very big though. If I really wanted to build that one it would be unbelieveably big as most anyone can imagine.

There is also a student lounge which is password protected and is for my students only and then I have a private section nobody gets into.

Even though the message area is limited, by the time you put it all together there is a ton of reference material and reading to do on the message board. Far more than on the website.

And then you can get even more great info simply by sending an email to course1@autobotinfo.com and thats free too.

Lots and lots of goodies over there.

 

Re: Re: Re: I need help, fast! Simm Assoc.again

One can never tell what they will do. The only thing that one can fairly well count on is that whatever they do it will probably be wrong somehow. Even those collecting for the government on student loans can't seem to get it right. They do get it right sometimes but percentage wise it isn't worth counting on until it happens to you and then it still won't make any difference whether they get it right or not most of the time.

I used to think it did make a difference and that if you got the fateful perfect validation back in a timely manner and all the conditions had been met you might just as well get out the wallet and start paying before they sued you. I have always said that getting a perfected validation back was like getting your head handed to you on a platter. Not any more. As we learn more and more the things that once frightened us to death no longer do so. We know how to handle the situation almost no matter what happens.

At this point in time we are somewhat fearful that once summons has been served upon you FDCPA stops being effective but there are now indications coming out of the courts that FDCPA applies until the debt is paid and no further collection efforts are being made. Only time will tell for sure about that and it will probably take somebody willing to sue post judgment on FDCPA grounds and have to take it to higher courts on appeal in order for us to have definitive answers on that. If that has happened I haven't seen it so all I can do is to suggest that maybe it does apply post judgment as well.

On the other hand, any pro se well enough educated would probably never let it get that far in the first place but rather would launch a collateral attack upon the judgment itself. Any appeals would then be based upon the results of his motion to vacate void judgment.

So who can tell what will happen at your stage of the process. I sure would not hazard a guess.

 

I sent a val/c&d/dispute letter to simm assoc. Feb 8, 2003. Got a call on my answering machine today (I was attending my grandmothers funeral) that said I need to call them Immediately, in regard to the letter they received CRRR. They said they couldn't answer ANY of my questions until they spoke to me on the phone. This is for a CCB account charged off on 8/02. Don't I now have them on a violation, and should I for ANY reason call them back? Please help me out with this, as all my old accts have been past SOL. Thanks, Patti
psp in nm
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I bet they could answer a law suit instead don't you?



The END ************************* LB 59

 

Law suits are usually not the best answer by any means LB and advocating such gives the inexperienced a lot of wrong ideas. A law suit isn't easy to prepare and it isn't always easy to argue in court either. They can backfire on you real quick.

I think we are getting to the point where we are simply giving a very wrong and very dangerous impression to people if we talk about it so much that it begins to seem like a Sunday afternoon stroll in the park. It isn't a lark.

Law suits should be regarded as being a last resort and something to be avoided if at all possible. Even seasoned well experienced attorneys avoid lawsuits if at all possible. They don't go running off to court at every drop of the hat.

We can threaten and bluster all day long but actually doing it is something that should be done only if all else fails.

 

There is no need for you to contact them by phone. As a rule, avoid talking to a CA on the phone at all costs. They are just trying to get you on the phone so they can manipulate you.

Just wait for validation to run its course and then send them another letter, this time with a cease and desist attached to it. Then they can't call you without breaking the law.

There is nothing they can say to you on the phone that they can't say in a letter.

 

Re: Re: I need help, fast! Simm Assoc.again

There is nothing they can say to you on the phone that they can't say in a letter.
jdog0411
==============
What if that letter is a law suit?


The END ************************* LB 59

 

Re: Re: I need help, fast! Simm Assoc.again

What if they tell you to go ahead and sue them and you don't know how to do it and can't find or can't afford a lawyer? What are you going to do then? Ever stop to think about that?

 

Re: Re: I need help, fast! Simm Assoc.again

LB, you run around telling everybody to sue. Are you ready, willing and able to prepare their lawsuit for them if they don't know how?

 

Re: Re: Re: I need help, fast! Simm Assoc.again

 

Re: Re: Re: I need help, fast! Simm Assoc.again

So what if their letter is a lawsuit? Presuming that it is a motion for summary judgment as usual then the obvious thing to do is to demand validation as usual. If the lawyer don't validate or violates the law in some other way then you name the both of them in a countersuit and now the lawyer can't work for his client anymore. And in view of the fact that most lawsuits (judgments) are null and void upon their face it usually isn't that much to worry about anyway.

The only real problem is knowledge and experience. If you don't have that then everything is a problem.

 

Re: Re: Re: I need help, fast! Simm Assoc.again

If they are contacting you by phone after receiving a Cease and Desist, than they are violating the FDCPA each time they call. I would make very careful records of each phone call. If you are allowed to record them in your state, you can do what I used to do and use the mic from my PC to record the voicemail messages they left on my telephone.

 

Re: Re: Re: I need help, fast! Simm Assoc.again

Good for you, it sounds like you are on the right track. Keep doing what you are doing, and you will be fine.