This is my first post. The derogs I had were all paid, mostly stemming from the typical college student mistakes. After maturing I tried to do the right thing and pay back the money I owed. Since this all occured prior to creditnet, I was ignorant of the options I had as far as making deals and settlements when paying in full. Last month I sent 19 customized versions of goodwill, nutcase, and estoppel letters then disputed with the CRA's 2 weeks later. 14 accounts have been deleted and 4 have been changed to paid as agreed. For almost 4 months now I have been gathering very helpful info from you guys. I'm proud to say that with your help, all of my scores have increased an average of 160 points!! Getting to the point, one estoppel letter was to an OC for a paid repo. The OC verbally agreed (before creditnet) to delete the entry in return for paying the entire balance as opposed to making monthly installments. Of course it wasn't deleted but changed from voluntary repo to paid repo. In the letter I told them I would look into filing a law suit and a complaint with BBB if they didn't properly resolve this matter. I also told them that when the judge sees the evidence that I initially paid the 25% needed to make monthly payments and and the evidence that I paid the entire 75% balance 4 days later as opposed to making monthly payments, it would be enough proof that some kind of agreement was made which provides a claim for the Doctrine of Estoppel. The OC forwarded the letter to their law reps who sent a letter stating that I have no proof of the agreement and if I file a complaint they would sue me for defamation and tortious interference w/buisness and contractual relations under state law. I know this might be a stupid question but is it lawful to make a threat or even sue If I make a complaint? I might be wrong but I thought it was the consumer's right to make a complaint without any action being taken against you even if the investigation results in no wrongdoing of the company. I know I should should just leave the stuation alone because it's due to fall off Dec 2004. I'm just really upset that this law firm is threatening me and I know the agreement did take place. Does it seem like they are trying to scare me so I will back off? I really don't understand why they are making such of a fuss over a paid account. Do I have a case? Should I just leave it alone? I'm in a bind right now. Any help would be appreciated!! Please...help...
If taping phone calls are legal in your state, you could send them a letter back stating that you do indeed have proof in the form of a taped phone call wherein they absolutely did agree to delete for payment. Actually, rather than send a letter, do it by phone so they have no proof that you said this.
And keep them warm for the rest of their lives... LOL! Seriously, that's called a SLAPP lawsuit (Strategic Lawsuit Against Public Participation). Most states frown on them big time. Run a google search on the term and add your state name to see what you find. I found quite a bit with just a quick search. Here's a link that looked promising. Make sure to download: "SLAPP Back: How the media can take advantage of state laws to win early dismissal of meritless libel lawsuits" is available from the Society of Professional Journalists - See: http://spj.org/foia/kilgore.pdf. Also looks very promising. I couldn't help but wonder whether they might have opened the door to the FDCPA (and it's restrictions on phony threats) when they involved an attorney (third party collector?). Anybody else have some thoughts in that direction?
They are trying to intimidate you. They can't prove defamation unless they can prove what you are saying is *not* true...lol. Typical intimidation tactics. If you file, I think you will see them cave pretty quickly. L
I am so excited!! Thank-you so much for the anti-SLAPP info. I looked it up and it turns out that the state the law firm and OC is located in have an anti-SLAPP law!! If I understand it correctly, It strictly prohibits SLAPP suits. The concern I have now is the state I currently live in does not have an anti-SLAPP law but I think I should be okay because since my spouse is in the military and stationed in this state we are actually still residents of the same state as the firm. Since it was the law firm who actually made the threat they had to know their own state laws and they had to know that they really couldn't file a claim that was prohibited. I think I have my proof on paper now! Signature..letterhead..dry threat..all in black and white and mailed to me. Now, should I just file a suit for that since I have physical evidence or should I send them another letter revealing my findings? I know it's my decision but I would love opionions to help me make that choice.
I would sue them for the original stuff, and if they want to counterfile. let them. And show the judge their paper, I don't think that would be too good on their part.
Seems like it might be RICH with potential. I wonder if it wouldn't pay to consult an atty on this. This hotrod atty could conceivably be looking at some action by the state BAR if you can figure out how to play it. The OC conspired with them, right? Racketeering, maybe? All kinds of avenues for revenge and a financially intriguing settlement. I'd find a lawyer.
Dear Ms. Cole, Welcome to the board. You are correct. If you're in the military it's your state of permanent residence that overrides everything else, regardless of where you happen to be stationed. Can you sneak in and talk to someone at JAG for about 10 minutes? I believe this atty sent you a fraudulant document. Blacks law Dictionary defines FRAUD thusly: An intentional perversion of the truth for the purpose of inducing another in reliance upon it (the truth) to part with some valuable thing belonging to him or to surrender a legal right: a false representation of a matter of fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive another so that he will act upon it to his own legal injury. The "valuable thing" they are inducing you, by fraud, to part with is your right to litigate a lagitimate misunderstanding in a court of law. Conspiracy: 18 U.S. Criminal Code Sec. 241 (in its entirety) "If two or more persons conspire to injure, oppress, threaten, or intimidate any Citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution *or laws of the United States*, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the property of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured--- They shall be fined not more than $10,000 or imprisoned not more than ten years or both; and if death results, they shall be subject to imprisonment for any term of years or for life". Keep us posted.
Beautiful! I didn't even think of JAG. Missed the military connection. Shame on me, that's my favorite show... Go get' em!
