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Do you think there are enough of us to afford an attorny for a class action

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goodnatured



Joined: 03 Nov 2007
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Posts: 3931



449 Magic Points

 
Posted on Sat Sep 06, 2008 12:39 am  

I don't think that I would actually attend anything that I had to do in person, I feel more comfortable putting all my laundry out on a website, I think that people will be more willing to be open and honest if they are not showing their face. I know that I would not want to sit in a room full and put it all out there the way we do here.
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fireyone



Joined: 26 Feb 2008
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123 Magic Points

 
Posted on Sat Sep 06, 2008 2:34 am  

Yes this is true. Soemtimes I feel a little embarrassed by it all so at least this way people can't see the face of the debtor.
mikegramm



Joined: 27 Nov 2008
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Posts: 2



51 Magic Points

Subject: mikegramm
 
Posted on Thu Nov 27, 2008 7:46 am  

Do you think there are enough of us to afford an attorny for a class action.
fireyone



Joined: 26 Feb 2008
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Posts: 4246



123 Magic Points

 
Posted on Sat Nov 29, 2008 4:05 pm  

You wouldn't necessarliy need enough money for a class action. Some lawyers if they feel there is a good enough case will take on something like this without any money up front. I am sure they would have to know it was a solid case and would research it in detail. In the end they would get a good profit from the reward from the court and also make a pretty good name for themselves. It is kind of like the vehicle accident atty's. You always hear that saying "never a fee inless we get money for you"? I think this would also be something an atty would be willing to do on the same basis.
Doc

Doc

Joined: 02 Dec 2008
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Posts: 178
Location: McKinney, TX


1271 Magic Points

Subject: Cease and desist letter
 
Posted on Tue Dec 02, 2008 12:03 pm  

Just wanted to add my two cents...

A cease and desist letter can prevent them from contacting you beyond one more letter. (They're entitled to send you one last letter after receiving your C&D.)

Important though, is the fact that it does not prevent them from collecting the debt, via credit reporting through Equifax, Experian, and TransUnion...

It also doesn't prevent them from suing you, if they have a "valid" claim, within the statute of limitations in your state. (Though few ever do have a truly valid claim...)
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carol

carol

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Location: Los Angeles, California


30054 Magic Points

 
Posted on Wed Dec 03, 2008 7:05 am  

Yes, cease and desist letter will immediately stop them from calling you as it is a legal letter. However, before you send a cease and desist letter, you should send a debt validation letter by certified mail to be sure that you do not owe any debt to the creditor who is calling you up. If they cannot properly validate the debt within 30 days from the date of receipt of the letter, you can send a C and D letter, since the creditors will move your account to legal status once this letter is send and can sue you to recover the debt.
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Subject: federal number?
 
Posted on Thu Feb 19, 2009 3:45 am  

I once heard that there was a government telephone number that one could call asking to have all collection "telephone calls stopped"--is that true? And if it is, could someone please advise me of such a number--a good friend of mine is going crazy!
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17424 Magic Points

 
Posted on Thu Feb 19, 2009 8:53 am  

I don't think that there is any such number to report against any collection agency. If you find any collection agency continuously disturbing you, just file a complaint with the Federal Trade Commission by visiting their website. Filing a complaint will definitely help you to get rid of the collection agency if they are illegally forcing you to repay a debt which you do not owe. The collection agencies always give first importance to FTC.
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scott

scott

Joined: 28 Jun 2006
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10890 Magic Points

 
Posted on Thu Feb 19, 2009 9:02 am  

You can call Federal Trade Commission at their helpline number 1-877-382-4357 and file a complaint. You can also fill up a complaint form online or mail it at
Consumer Response Center
600 Pennsylvania Avenue, NW, Washington, DC 20580
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abigorbot



Joined: 01 Sep 2009
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Posts: 34



785 Magic Points

 
Posted on Wed Sep 02, 2009 10:59 am  

Thank you for posting this sample letter. I've posted on the forum my own situation and I feel it would be better for myself to deal with the original creditor. I had received a letter from Merchants Credit Guide for a debt from my ex husband that was charged off in 2002 that the debt validation said Pinacle credit services.
RonWalters



Joined: 06 Sep 2009
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Posts: 1
Location: Florida


32 Magic Points

Subject: Scare them away
 
Posted on Sun Sep 06, 2009 3:03 pm  

If they see that you are very serious and that you have a lawyer and that you are ready to fight, they just might back off.
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Subject: Old Credit Card Debt
 
Posted on Wed Nov 25, 2009 1:09 pm  

The debt is not my son's. Three assignees since 2005 have attempted collection. Currently, thew third assignee of Citibank has gone to Court in Georgia.

Since 2005, we have filed with the OCC, New York Attorney General, and more recently FTC and the Congressional Oversight Committee.

Where do we go from here?
Justin

Justin

Joined: 17 Jul 2006
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28944 Magic Points

 
Posted on Fri Nov 27, 2009 5:37 am  

Hi Louis,

I hope you had already sent a debt validation letter before filing the complaint? If so then, you can tell the OCC and the FTC that they have to been able to prove that the debt belongs to your son. Hence, you have taken this step. I am afraid you do not have much to do after this. You have already done what was required. Just don't give into the pressures of the collection agencies.

If the CA sends you summons then appear in the court and tell the judge about your case.
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shintao

shintao

Joined: 04 Apr 2010
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Posts: 7



147 Magic Points

 
Posted on Sat Apr 10, 2010 6:12 am  

It would seem to me this bounce method would make the original credit throw up his hands and throw the debt out the window. I didn't know this idea existed.

Can anyone state the law codes for this?

One thing comes to mind. A collection agency in New York cannot sue a consumer in California ~ but the California business can, like small claims for small amounts. So there is a gamble IF I AM CORRECT.

Does statute of limitations save you, or restart the clock, going back to the orignal creditor?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: sol restarts with creditor pulling back the account
 
Posted on Sat Apr 10, 2010 10:32 am  

Hi Shintao,

When the account is pulled back by the original creditor the Statute of Limitations restarts. A creditor will not pull back an account of his own accord. He will do so only when you request him to pull back the account from the collection agency, so that you can make a repayment plan with the creditor. The SOL restarts from the time when you start paying off the dues.

Thanks,

Aaron
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