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  #1  
Old 11-06-2008, 01:26 AM
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Default I'm now getting calls from a law firm

I was recently screwed by Hess Kennedy. I was going through them and now starting to receive phone calls from a law firm that supposedly has taken over what I owe to my creditor. I looked up my Credit Report and it looks like Washington Mutual sold my debt to this law firm and now they are trying to collect from me.

I can't afford to pay much and they are trying to get me to settle with them and I keep telling them I don't have much. I told them I can afford a couple hundred dollars a month. Then they stated well didn't you get money back and I told them its a long process and I'm not guaranteed money back. I turned in all my info for a refund for Hess Kennedy but I don't know how much I will get back.

I also want to sue Hess Kennedy for fraud and many other things. I want my money back but I would settle for them paying my account in full for the hassle I'm going through.

The person who keeps calling me from the law firm sounds like someone from a call center and does not really care in helping me. I told her I can't afford anything right now and she can look up my assests and I don't have much. I eventually stated I will be getting a lawyer and she can deal with them. I have a family member who is one. Should I tell them that I'm going to file bankruptcy? It is an option.

Please help.
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  #2  
Old 11-06-2008, 01:38 AM
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This is what it says about the account being purchased.

Closed - Transferred to another lender. Purchased by another lender
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Old 11-06-2008, 07:36 AM
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Have you googled the name of the law firm to see if it is indeed a law firm and not just a collection agency or something else? It seems odd that it would say "purchased by another LENDER" if it were a law firm, because law firms aren't in the lending business.
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Old 11-07-2008, 08:41 PM
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Things are getting even worse. Just got laid off and this is the company that keeps calling.

weltman weinberg reis law firm. They look legit.
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Old 11-08-2008, 04:31 AM
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Many times CAs will use lawfirms to scare people into paying, they figure that if it is a lawfirm sending the payment demands, people will be scared and more likely to pay. But even when it is a lawfirm collecting on behalf of the CA, you can still demand your rights. DV BOTH the lawfirm and the company who hired the lawfirm. Demand documentation from both of them and also put in a limited cease & desist, informing them that they are to make no calls at all, that all correspondence should be in writing. Has any other company shown up on your credit report yet? If not, keep an eye on it, because if they put it on your credit while it is under a DV they may have violated in what will likely be a long string of violations that you can take to the bank.

NOTE: WWR I don't think know one end from the other. I dealt with them and they had no idea what was going on.
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Old 11-08-2008, 04:38 AM
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Goldenbeast. Could you help me with the DV Letters? I believe its debt validation correct? I talked to them once and I told them I have nothing to give. I could pay nothing at this time. They did not threaten anything but asked for some type of co-apy. I admited im out of work and have no money. They can check my bank and see that I dont have anything. I have paid off two other CC and currently trying to get rid of this one. Thanks for your help. It's refreshing to know people are here to help.
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Old 11-08-2008, 04:46 AM
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There are many DV letter templates on the net and even here under 'do it yourself'. All you need to do is reword it a bit to fit your particulars and you should be good to go. My letters are very heavily geared for Texas laws so would not be very helpful to you.

Also be sure to send the letter certified mail return receipt. Don't accept partial validation, you need to see all statements, so that you can make sure all the numbers add up. You also want a copy of the signed contract and finally documentation that they own the account and are legally able to collect from you in your state.

Once you have all that you can send them a settlement proposal or a payment agreement....don't let them bully you into anything you can't afford. If you are making at least some effort to take care of this, then even if they sue you, they will look rather foolish to the judge.
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Old 11-08-2008, 08:03 AM
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I have had dealings with WW&R, also. Don't give them any bank account info, SS#, etc.

It is good they haven't gotten mean, yet. They will start the hard core stuff when they see you won't pay. They were trying to collect on an old debt of mine that had been paid off for Sears. At first they were kinda polite, then it all started.

They never validated the debt, and tried to make me pay something until they got it "figured" out.

Keep copies of everything that you send and they send. Also, take notes of days and time that they call you and what was said. They broke several fdcpa reg., with me--calling before validating, threats, etc., so be careful.

Good luck, let us know what happens..karen
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Old 11-09-2008, 09:47 AM
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Quote:
Originally Posted by kuddish19
weltman weinberg reis law firm. They look legit.
They aren't. A quick search on our site will net you a bonanza of information concerning their crooked practices and general incompetence.
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The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
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Old 11-10-2008, 06:52 PM
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So I talked to them today. And I was told by them that Since I was already repersented by a Lawyer that they already did a debt verification and they would not go through that again. They said they will file legal action against me. Since hess kennedy is no longer in business that is not there problem. Basically it was pay-up or we are coming to get you. I told them I have no money and they could look into that. Then they told me to give a good faith payment. I told them I'm unemployed and have no money. They also told me Washington Mutual hired them and that they did not buy my debt. After that I asked them for there address and washington so I could send the letter and they said No. I asked them for copies of everything they have on me and the recordings of all phone calls with me for my records. They would not comply. What should I so next! Thanks for all the help
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Old 11-10-2008, 07:37 PM
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Contact WaMu and see if they are still the owner of the debt. If they are then explain the situation and tell them that you do not want to deal with WW&R (they probably won't care).

Also, when/how did they verify the debt?
Just because they "verified" the debt, they still need to VALIDATE it.

I would have your family member who is the lawyer send them a letter on their Letterhead to both WaMu and WW&R stating that they are in violation of the law and to provide the mandated info.
It would be better if yours and their last name is not the same.
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  #12  
Old 11-10-2008, 08:28 PM
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Send them a debt validation letter anyway, if they do sue you, then you have them on continued collection activity during a DV. Don't let them browbeat you, if they call again tell them you don't care if they already spoke to the attorney that they can sue you if they like, but you will countersue them for fdcpa and FRCA violations.
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Old 11-10-2008, 08:51 PM
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Goldenbast, Can you be my lawyer lol? I'm going to send it out tomorrow. After that is finally verified when they do get back to me in a month or so what is my next step? Do I send them a letter to settle? Just want to cover all bases. I appreciate the help more then you know.
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Old 11-10-2008, 09:09 PM
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LOL people have told me I should go back to school and study consumer law....become the terror of collectors everywhere...I am just too old to go through all that...plus I think my daughter would have a coronary if I ended up in college with her, "hi honey..mom is your new classmate! How totally awesome is that???"
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  #15  
Old 11-10-2008, 09:10 PM
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Once the validate *cough cough* yeah right *cough cough* Then you can start writing letters to negotiate with them...just remember not to let them browbeat you...offer what you can afford.
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Old 11-10-2008, 09:21 PM
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MOMMY!! You can sit next to me!! I dont mind. It's funny I did receive a letter from them and in it states that I can issue a debt validation letter within 30 days. The lady on the phone said I could not! There is one strike against them. So your telling me that there not going to send it? Why would they do that? I feel like I'm hogging you all to myself. I will reimburse once I can!! Plus tell your daughter it would be in her best interest. Sometimes we don't understand what we have personally until its gone. I hope how good she has it with you!
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