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superfreak1

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  1. bump. I was wanting to know how my defenses sounded as well as the letter from them.
  2. I was thinking I would just file an answer anways. I have to serve the plaintiff with a copy (or their atty) via US mail, so if they didn't really file then they'll see that I at least halfway know what I'm doing and they might back off. If it's real then I'll have my answer filed in time and I can go from there. I almost forgot, I received another letter from this Atty the other day. It reads: Dear Mr. and Mrs. Superfreak: Enclosed is a copy of a letter I received on Dec. 19, and another letter I received on Jan 11. Neither of these letters are signed. I am not certain they are from you. If they are yours, would you please sign them and return them so I can act upon them. If they are yours, and you wish to receive copies of the statements that are involved, you will need to sign the HIPAA form which we sent you in Dec.. I cannot send any additional information on a medical bill without the proper documentation. The debt has been verified and validated but without the proper signature, I am not permitted to provide the confidential information. Sincerely, Jerk off Atty for CA This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose. What do you all think? Whychat, cotterpin, pavlov, anybody. What kind of letter should I send in response. Should I sign it with the line "signature on file"? That would T them off.
  3. Well, The Attorney has contacted me again, via the Sheriff with a complaint. I have a number of things on them though. I've been doing alot of research as I have another case right now that is somewhat similar. The only difference is that I've paid the bills on the other case. Anyways, my state has no consumer credit laws of it's own, and the state HIPAA laws say nothing in regards to collections and billing, so I will have to use Federal Statutes for all of the collections violations. I do have copies of every district and county court rules for my state. I have them on a number of technicalities. 1. Process of service.- They have 20 days to serve me after filing. they filed on 16 dec., I didn't get served until 11 Jan. that's over 26 days. 2. Rules for pleadings- their complaint is half typed and half handwritten (this is done by an attorney mind you). The rules are explicit as to the type face, how the caption is laid out, etc. They didn't follow any of the rules. 3. Signatures- all copies to all parties and to the courts must bear the signature of the atty preparing the pleading, or the party if acting Pro Se. Nowhere on any paper is this atty's signature. 4. Jurisiction- We have to abide by Federal statute as my state has no laws regarding this. Federal law requires them to file suit where I reside. They have filed in their county, which is about an hour away. Lack of jurisdiction. 5. Assignment and affidavit papers are incorrect. They've been trying to collect on this account since Aug and the assignment papers are dated in Oct. Tell me that doesn't smell fishy. Also, there is no contact info, or any other way to confirm that this document isn't a fraud. 6. The Atty's office still hasn't validated because they claim it already has been by their client. They wanted me to send payment to their office, and their letters state they are trying to collect the debt. They are acting as a debt collectoe, and are therefore governed by the laws pertaining to such. Any input, help, suggestions, or comments would be appreciated. thanks
  4. Pavlov, do you think I should sent the OC a HIPAA letter? If so, which insert? If I really do owe the OC I don't want to stir the pot and have them assign the account to somebody (that is, if this atty office isn't actually legally assigned the account). I did receive Validation, of sorts, from the "client" of this atty. This "client" is a CA though, not the OC. Is this just supposed to be some scare tactic? Do I call their bluff with an ITS letter due to violations? Thanks
  5. Well, today I received my response to a DV I had sent out about a month ago to a collection Attorney. It's for a medical bill. In their initial letter they demanded payment within 10 days (even though this was their initial contact) threatened a lawsuit, and informed me that their "client" had already sent validation to me. In my DV I replied that because they were attempting to collect the debt now that they are now considered the debt collector as well, and therefore must also provide me with validation. Today I received a letter from them stating that they need me to fill out the enclosed medical release form. What do I do? Am I required to fill out and return the form? I thought there was a legitimate reason for them to have access to my records if they are truly authorized to collect on the account!?! If they're not really authorized then they would need the release, correct? Are they just fishing? What happens if I don't sign and return the release can they continue collection activities? I don't feel comfortable signing it. Any help would be appreciated.
  6. bump for this one. I would like to know the answer as well.
  7. DW received dunning letter from them too. She received mini miranda though. That's great how they inform you that they won't be able to validate. As a law firm you would think they would have a clue not to let a consumer know that they won't be able to follow the law. I'm hoping to catch them on violations. Already DV'd them. No response yet.
  8. you send w/o RR and handwritten so it doesn't look as if you are using a CRO. CRA's profile disputes and handle them differently. You also hand write to CRA so that it cannot be scanned therefore causing the CRA to have to have a person read the letter and respond. You have a better chance at deletion this way.
  9. unless they pulled it out of a dumpster. I think I have a couple of CA's that have done that recently. I got a coll notice for a utility co. that I currently use. In the coll. letter it states the amount is for my "final bill". If I'm still using the service, how do I owe for a final bill. It also doesn't reflect on my utility bill. I would request proof, just to cover yourself.
  10. You could probably even have the heat turned down to 40 with no problems as water freezes at 32 degrees. As far as you not being able to market the property goes the LL is full of it. Unless it specifically states in your lease then you can do it. He probably does have something about not subletting, but the standard form has nothing about marketing the property. He doesn't have to allow you to post a sign or anything like that, but a newspaper ad or ad in a local RE paper could help. The only thing with finding your own tenent is are they going to be "approved" by the LL? Credit checks, rental history, all that good stuff has to be done. You can show the place on your own as well. If you do find somebody to rent it, you might ask them to prepare a folder with all of the info you were required to supply before you moved in. That makes it so the LL can't say "I'm still waiting on the credit report to be sent to me", or whatever other lame excuse he'll think of. It'll all be right there in his hands. Hope this helps.
  11. Sorry Gypsy. I tried to edit after I had posted but I just kept getting error messages. I tried explaining in my edit that I wasn't trying to be hostile towards you, just bring another POV into the picture. No, I guess I hadn't read your last paragraph in your first post. No, nothing was signed with the CA. I've dealt with them before though and had the postdated check thing with them. My account has since been closed though. I only did that (pre CB) because they've already received a judgment against me in a different case a few years back. I just didn't want to end up back in court. I understand what you're saying in regards to the fee now. Thank you for clarifying. As far as the secrataries go. I don't feel that I was insulting them. Yes, they are just trying to do their job. I do understand that. I have to do many things that I don't want to do, or are just plain salamanderic at my job. Why, because I'm told to. I'm not sure how it was perceived that my comment was insulting. I would imagine most people working for a CA don't make much more then min. wage. I had a friend that was in collections. He was more then a secratary, but he made $7/hr I think. He did receive a small percentage of anything he collected, but it usually wouldn't amount to much. So, I know they're just doing a job. It's a thankless job at that. He didn't like to tell people he was in collections. He usually said he was in the financial industry. I was just trying to make the point, how can they justify a $20 fee for just a dollar or two in expenditures? The same could go for a bank's overdraft fee of $25, or a returned check fee of $20-$40 per check, from both the bank and the person that received the bad check. If it actually cost the bank that much to process a check then how do they afford to process my payroll checks for free? Did I make my point more clear this time around? I hope so. I'm not on here to flame or bash anybody for advice they give, or professions they choose. -k-
  12. Hey C&D, check out my post about IC systems. tell me what you think. http://creditboards.com/forums/index.php?showtopic=130450
  13. Ok. Today I get the mail and I have just received a dunning letter from I.C. Systems, who are on my CR for a different TL. I open it up and it's for my local utility company. Now, here's the funny part. I've had the account with them since I've moved here. Been late a few times, but never turned off. I have a $150 deposit with them. I've had it since I got service turned on. I received my bill from utility co. about 3 weeks ago. only amount due they had was about $100. It's just now due this week. This dunning letter is for about $50. Now, how could this be??? If I didn't pay my bill I would have a past due amount listed in my most recent bill. As they are a utility co. I wouldn't have utilities right now if it's overdue enough to be sent to a CA. (No, I make my own power with my DD's gerbil in his wheel. That's how I'm powering my computer to be able to type this post. lol) What should I do? Do I contact my utility co along with DV'ing the CA? This looks awful fishy. Are they just trying to add bogus accounts to screw up my credit even more so I'll just pay the bastages?? Anybody deal with I.C. Systems before? Just noticed something else. In the part where they explain how you're such a deadbeat for not paying your bills, etc they say " Due to the delinquent status of your account, XXX utility co. has referred THIS FINAL BILL from, my address, to our office." Isn't that great. I guess I should be receiving free utilities right now since, according to them, I'm not paying my bill, and I have no more coming. Maybe I should send a copy of this with a check for the coll amount, and a letter to my utility co. thanking them for the free service for the rest of my life as I've enclosed payment for my final bill.lol

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