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Posted: Thu Aug 07, 2008 3:51 pm Subject: John P. Frye contacting me to sue me

An attorney from John P Frye contacted me on regards an account with Atlantic Finance Credit Inc. Will they waste their time to take me to Court? they say I owe $3200 dollars.

Posted: Thu Aug 07, 2008 6:38 pm Subject:

I got taken to court for a debt about that much... there's no telling with these CA's. Did you send a DV?

Posted: Thu Aug 07, 2008 7:36 pm Subject:

Here's what I know about John P. Frye and Atlantic Credit and Finance. They are the lowest of low, the bottom feeders. They do not collect for charged off accounts, they actually own them and the portfolio. They have purchased the debt for probably 5 cents on the dollar and they are hoping to recover a bundle on the debt. I've had my screaming match with a witch in their office in which she told me that she didn't care what I sent them, they would sue me. I said, okay, when should I be ready for the duel. She hung up on me. I sent a DV for the debt. They were pissed. I sent it to both Richard Woolwine at ACF and John P. Frye himself. I also sent it to the customer complaint department over at ACF. Here is what I sent. . . . .

To Whom It May Concern:

This letter is being sent to you in response to an alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action.

Please read the enclosure for an opinion regarding matters such as these from the Federal Trade Commission

Best Regards,

This is the enclosure that is referred to in the above letter. . .

UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Credit Practices
Bureau of Consumer Protection

March 10, 1993

Jeffrey S. Wollman
Vice President and Controller
Retrieval Masters Creditors Bureau, Inc.
1261 Broadway
New York, New York 10001

Dear Mr. Wollman:

This is in response to your letter of February 9, 1993 to David Medine regarding the type of verification required by Section 809(b) of the Fair Debt Collection Practices Act. You ask whether a collection agency for a medical provider will fulfill the requirements of that Section if it produces "an itemized statement of services rendered to a patient on its own computer from information provided by the medical institution . . .” in response to a request for verification of the debt. You also ask who is responsible for mailing the verification to the consumer.

The statute requires that the debt collector obtain verification of the debt and mail it to the consumer (emphasis mine). Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer.

Your interest in writing is appreciated. Please be aware that since this is only the opinion of Commission staff, the Commission itself is not bound by it.

Sincerely,

John F. LeFevre
Attorney
Division of Credit Practice

Hope this helps.

Posted: Thu Aug 07, 2008 7:48 pm Subject:

Here is some interesting reading as well. . . . .

www.roanoke.com/news/roanoke/wb/xp-10931

Posted: Thu Aug 07, 2008 7:51 pm Subject:

One more thing. . . I have a post under "not sure if this is the right forum" in this forum, which has a ton of info on collectors and debt purchasers. Give it a look. . .it's got some good info and advice.

Posted: Fri Aug 08, 2008 4:56 am Subject:

Posted: Fri Aug 08, 2008 6:26 am Subject:

nascardevil, you are right. Most people get the wits scared out of them and don't answer the summons and that is how most of these slimeballs get their money. Learned that the hard way as a result of my divorce. If I get anything from anyone, I ask for validation of the debt and go from there. If I get a summons, I answer it. The attorneys for these guys are banking that you won't show and there goes your money in thier pockets. Also, like you said the state in which you reside and the length of the debt does factor in. I know in New York it is 6 years to collect a debt and that is from the date of the last payment, to whoever, the original creditor, etc. That is also why it is important to think before you contact them. That can start the process all over again. As for John P. Frye and Atlantic Credit and Finance, they are lowlifes. I am still not done with them myself. Just waiting for their next move.

Posted: Fri Aug 08, 2008 9:30 am Subject:

Also, go to Atlantic's website and read the BS that they have on there regarding how they treat their customers and whatnot. It really does make me sick that these guys lie through their teeth while giving the appearance of "caring" for their clients. I don't know how these people sleep at night knowing how they earn a living.

Posted: Fri Aug 08, 2008 3:02 pm Subject:

I am in California. I don't remember the last time i made a payment to the original creditor. It must have been 8-9 months ago. Maybe a year. I am going to send the DV letter tomorrow. Shoul I send it certified mail w/ return receipt?

Posted: Fri Aug 08, 2008 3:04 pm Subject:

I know that the original creditor shows up on my CR but I have not seen if Atlantic finance shows in my CR

Posted: Fri Aug 08, 2008 4:48 pm Subject:

SOL in CA is 4 years from last payment so you're well w/in statute. Always send DV's CMRRR.

Posted: Fri Aug 08, 2008 4:56 pm Subject:

what does cmrrr mean?

Posted: Fri Aug 08, 2008 5:00 pm Subject:

certified mail return receipt requested

Posted: Fri Aug 08, 2008 5:59 pm Subject:

Check in inquiries on your credit report. It should show that both John P. Frye and Atlantic Credit and Finance pulled the report. That's how I found out that they were "looking" for me before I even got anything from them in the mail, so I was one step ahead of them. Hopefully I will stay that way.

Posted: Sat Aug 09, 2008 7:22 am Subject:

I already got my free CR this year, I will still look into that to see all the inquiries on my report. Were can I look at my CR that it's more affordable?

Posted: Sat Aug 09, 2008 7:54 am Subject:

There are three credit bureaus. Did you get your free report from all three of them already? If not, you can still request a free one from one of the others. Transunion, Equifax, Experian.

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