Hello all, I'm an AoC refugee (anyone know what happened to them?). Anyways, I'll start with a little background info. In the arrogance of my youth I ran up a little bit of debt with complete disregard for any consequences. Now that I'm somewhat older and a little more mature (just a little), I want to clean up my debt (which is 4-6 years old) so that I can enjoy the benefits of good credit such as maybe getting a cell phone without putting down a $500 deposit or the possibility of one day being able to buy a house to start a happy little family. So I am in the process of cleaning things up. I've gleaned some knowledge from AoC, but I still have a lot to learn. I currently have a credit score in the 550 range. I owe probably about $3000 in debts. Half of it is to a realty company I rented from years ago. $600 of it is for Providian for an old VISA. And the rest are a couple of small amounts in the $100 range for things like an unpaid electricity bill and the like. So I'm not too bad off, but I'd like to make things right again without being taken advantage of and with a bit of dignity. So, with that being said, my question is as follows: On 12/09/05 the "law firm" of Riddle&Assoc. contacted me via phone about a Providian account saying I owed $900 dollars (the amount on my CR said $700 and I think there are signs of re-aging) I hadn't heard from any CAs for years, probably because I moved around ALOT as a youth. Anyway, they wanted my address, which I said that I would not give them because they called me out of the blue and I did not know them but I got their address, saying I would contact them soon. He said that if I didn't contact them in two days, they would file suit. On 12/12/05 I contacted R&A via phone and gave them my addy so they could mail their notice, which I recieved on 12/17/05. I returned fire on 01/09/06 with a DV letter. -- I apologize for the long post, to be cont.
Get a digital phone recorder because this doesn't sound like a "law firm" -- that's one violation right there. Is the debt in question beyond the SOL?
I honestly thought that they would see they weren't dealing with an easy mark and let it go, but no. On 03/17/06, I recieved their response, though I would hardly consider it a validation. It says this: Dear Mr. Pickles, We have advised our client of your request for verification of the debt you have disputed, per your rights under 15 U.S.C. 1692g. Our client has confirmed with us the validity of the debt and has asked us to forward to you the following information as verification of the debt. Name of creditor: Asset Acceptance/Providian Account #: XXXXXXXXXXXX Total Amount Due: confirmed Last Paid/ Charge off date: confirmed Respectfully, Sleazy Collector This is pretty much verbatim. Is this really considered validation, them just saying "confirmed"? Sounds like BS to me. So anyways, I call R&A to tell them that this is unacceptable (I'm recording phone calls by now), and the lady basically said "we've done all we have to do, the next contact will be in a court setting." That was two days ago. I know they called this morning because there is a "unknown number" on my caller ID. So what's my next move? Wait for them sue? See if they will offer some sort of settlement? Again, I apologize for the long post and thank you for your time and patience.
They had your telephone number in December but no address? [Who're they kidding?] You received no letter, no written communication from them after their first contact to you? Are they a law firm? Did the individual who telephoned imply or state that the person you were speaking to is/was a lawyer? [violation, violation....]Do they even have the legal right to attempt to collect the debt? To simply say, "confirmed" on a letter is insufficient because there must be an accounting down to the penny. Keep a log, keep a digital recording of any conversation, or better yet - stay off the telephone. Keep all the letters, either what you have sent or received including the envelopes. Check your paper copies of the credit reports, compare any old with the latest available. [see if they're listing themselves as "Asset Acceptance/Providian".] With the evidence that you have so far, or you're aware of now, if they want to send a summons, *answer* it. You have a credit report that says one number, they're claiming another, and yet they claim their figure is "confirmed"? Why settle and give away money?
Their letterhead says "Riddle & Associates, Attorneys & Counselors at Law". I am documenting everything. I am keeping all copies of the letters they send as well as copies of the letters I send (which are sent CMRRR). I am also recoeding all phone conversations. If I just wait things out and they don't provide anymore validation info, are they in the wrong if they continue collection efforts since technically they still haven't validated the debt?
The fact that you received a letter with a letterhead does not constitute proof that the entity on the letterhead is legitimate or a "law firm." Check. It is also significant *if* the individual who actually telephoned and spoke to you told they were a "lawyer" or implied that they were. If they misrepresented who they were, it's a $1,000 violation and that's why it's important to memorialize conversations. It is prudent to discover if the contact who claims to be a CA is actually licensed to collect debts in your state. Some states are more rigorous than others, but it can be worth your time to investigate if an alleged CA has a license. They contacted you in December, that was the first contact, the burden was on them to contact you within five days. Give away money? Keep building the evidence trail and remember, it *is* the evidence. Find out the precise DOLA on the account. Check your records. Check your past credit reports.
from the ontrack link above: "The collection agent, in telephone calls to the plaintiff, allegedly misrepresented the imminence of a lawsuit and the likely costs. " Sounds just like the initial telephone contact to mr. pickles and the individual claimed that there'd be a lawsuit filed in 'two days'.
The Riddle & Associates I'm dealing with are based in Sandy, Utah. Are they one and the same as the NY R&A?
http://www.budhibbs.com/debtcollectorpages/riddle_and_associates.htm Check out the link, they're one and the same.
