Hello again, I have to report on Sherman again. I have sent three letters (last one being the estoppel with threat to sue). All three green cards have been signed and sent back to me. The last one I received was dated June 10th. I have since filed with the FTC and the BBB. The BBB just sent me an email stating that they still have not received a response. Short questionnaire asking if the â??company been in contact with you?â? was the one sent. They gave them 20 days to respond. They also gave me a number in Houston for the small claims court. I have had NO contact with them other than the letters. What is my next step? Do they ever settle? Check this out: Closed Complaints Number of complaints processed by the BBB since the firm's BBB file was opened in December of 2001: 88 Number of complaints processed by the BBB in last 12 months: 45 Complaints Concerned Refund or Exchange Issues: 1 Outcome of the complaint - Resolved: 1 Customer Service Issues: 3 Outcome of all complaints - Resolved: 2; Company made good faith effort to Resolve: 1 Credit or Billing Issues: 84 Outcome of all complaints - Resolved: 52; Unresolved: 13; Delayed Resolution: 1; Company made good faith effort to Resolve: 18 Thanks very much for you help. Duke
I haven't had any. There are two reports on my credit bureaus (on all three) that have popped up out of nowhere; said original credit was osi. I have no idea what they are. i even disputed with the bureaus and it came back verified. they will not answer any letters; not even from the bbb.....
Sherman i a Junk Debt buyer - probably bought an old acount of yours. Be careful, tey are notorious for re-aging accounts. The good news is if you threaten suit with a credible argument they cave in like an empty egg shell. I personally know of prople who have collected damages checks from Sherman (myself included).
WOW! the bureaus won't listen to me. i've disputed them as not mine already. i've got everything ready to sue them. I don't even care what they do now with the bureaus (cause they've already re-aged). hell, the bbb can't even get them to respond to them. whats the next letter to send after the intent to sue? btw, if you don't mind me asking...how far did you go before they sent you a check? and for how much?
Re: Re: sherman aquisition-----pending suit The next letter after the ITS letter comes from the Court - it's called a SUMMONS AND COMPLAINT. They caved in at my ITS letter, sent me $1000.00 to go away. Their CEO's name is Kevin Branigan and Corporate Attorney is Scott Silver - both in their New York City office. I have a friend who collected $1600.00 from them - he served them with a summons and settled the day before trial. That person is working with me to launch a web site called "www.sue-your-creditor.com". We met on these boards discussing Sherman. See what Sherman created?
Re: Re: sherman aquisition-----pending suit this is getting better. three more questions tho. do i have to file with the court to send this letter? and do i have to actually file in houston? do i need to send any of these letters to those guys? i've been sending them to their houston address with the houston bbb contacting them
Re: Re: Re: sherman aquisition-----pending suit You sue in your local small claims court. Sherman's Houston address is just a mail drop, they are located in SC and their executive offices are in NY. Do a search under "Sherman" here and look for one of my earlier posts, where I give their NY address and phon enumber. You send the ITS letter to Kevin Branigan in NY. Send the Summons tro Scott Silver in NY. The Court only gets involved when you actually start the suit.
Re: Re: Re: sherman aquisition-----pending suit Kevin Branigan's email address is: kbranigan@shermfin.com You CAN e-mail the ITS letter to him. I suggest you post it here for critique first.
Re: Re: Re: sherman aquisition-----pending suit Sherman Acquisitions P.O. Box 740281 Houston, TX 77274 Facsimile 312-555-1212 June 6, 2003 Re: Account #â??s 10112...., 10112â?¦. NOTICE OF INTENT TO FILE LAWSUIT To Whom It May Concern: This letter shall serve as formal notice of my intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law. On 02-19-03, you received a demand for validation and cease communication letter from me. This was sent certified mail (70020860000490828284) that was signed by Sandra Poxon on 02-19-03. As of today, you have failed to provide me with the proof I have lawfully requested. I sent a second letter, the estoppel letter on 04-21-03 via certified mail (70020860000490849685) signed by F.E.J. Jr. on 04-29-03. All of these you have chosen to ignore. The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous 4 months since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtorâ??s credit report showing the item as in dispute. Again, this was not done. I am sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you. FCRA 1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) â?? Duty to provide notice of dispute. 2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. FDCPA 1. § 809. Validation of debts [15 USC 1692g] 2. § 807(8) Communicating false credit information [1692e(8)] As per the FDCPA: § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) within by June 23, 2003 and you forward a letter to me stating they have been removed and will not reappear on my credit reports again by you or another collection agency. Please be aware if these accounts are not deleted by June 23, 2003, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Georgia State Attorney General, The Texas State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously. This is the one i sent to the houston address. Dale E. Cooper signed for it on June 10th. and i may be mistaken about the ftc. i think i filed with the tex ag. should i go ahead and file with the ftc? btw, thank you all for your help!
Re: Re: Re: sherman aquisition-----pending suit Duke- Seems you have already sent the ITS letter. I would copy it to Kevin Branigan and let him know that this letter has been recieved by Sherman, and you fully intend to sue. BTW, we are holding a meeting of all the people who have successfully collected from Sherman Acquisitions in Las Vegas in November. We will all be sending Branigan a letter saying "Having a wonderful time spending your money. Thanks."
Re: Re: Re: sherman aquisition-----pending suit hopefully i'll be there how should i word the letter? and before i do, should i go ahead and file a complaint with the ftc?
Re: Re: Re: sherman aquisition-----pending suit This is what I have so far: The attached letter was sent to Sherman Acquistion on June 6 and received by "Dale E. Cooper" on June 10th. It followed two additional letters sent to Sherman in February and April asking for validation of two debts I have on my credit bureaus. I have had no response to any of the letters. I also filed with the Better Business Bureau and they informed me they have had no response either. I fully intend to file suit if this is not settled within the next... I didn't know what to put as the final date. thanks for you help
Re: Re: Re: sherman aquisition-----pending suit before i forget. do i put account numbers and social on that letter?
Re: Re: Re: Re: sherman aquisition-----pending suit I give them 3 weeks to send me a check or I practice the ancient and honorable Western form of self-defense - "I Sue". Always give them your SSN and their account number. They have a right to know what account they are getting sued for.
Re: Re: Re: Re: sherman aquisition-----pending suit thanks very much for your help. it sounds so funny that i'm demanding a check from them! shoe is on the other foot, huh? keep you posted. btw, how'd that first draft sound?
Re: Re: Re: Re: sherman aquisition-----pending suit here is my final letter (with the attached its) to sherman Mr. Branigan, The attached letter was sent to Sherman Acquistion on June 6 and received by "Dale E. Cooper" on June 10th. It followed two additional letters sent to Sherman in February and April asking for validation of two debts I have on my credit bureaus. These are not mine and have no idea what they are or where they came from. I have had no response to any of the letters. I also filed with the Better Business Bureau and they informed me they have had no response either. I fully intend to file suit if this is not settled within the next three weeks. I look forward to a peaceful settlement without having to go to court. Respectively yours,
