daniels law offices

hello,
i am paying on an old debt from cap one via daniels law firm and
over a course of time the way they debit my account is they present the check to my bank. i asked if the $$ can be taken out on thursday and he told me no. it does not work that way well low and behold i get a court summons in the mail. according to the rep. the paperwork was processed in august when the agreement was made but all dated material was stamped lats sept. early oct. so i spoke to a Lawyer and he called on my behalf so now i am paying by moneyorder. well today i was looking over my bank statement and THEY ARE STILL DEBITING MY ACCOUNT EVENTHOUGH THEY ARE RECIEVING MONEYORDERS FROM ME.!!!!! ON 3 different occasions they have attempted to debit my account causing it to go into overdraft... so i am spoke to my attorney and he is going to call them. i showed him the stubs from the money orders as proof of payment and right now i am madder than a frigging hornet.

i would ask the attorney if you have a case for lawsuit.

it won' hurt to ask the worst he can say is no. but it would be sooooo nice to put the screws to the B*&)_)*_s for once.

You need to revoke authorization to access your bank account. Send this letter certified mail, return receipt so you have proof. Then take a copy of this letter to your bank. Since this has already happened I don't know how much help your bank can be but maybe if you explain to them that you were paying by money order they can fix it...they -can- take off overdraft fees, just keep talking with them.

If your bank won't or can't reverse those fees, then calculate the fees out from the total amount you owe these yahoos. This payment arrangement you have, is it in writing? If it isn't, then you need to send a letter to them asking why they are filing suit against you when you have been making payments and even apparently double, un-authorized payments that caused your bank account to overdraft. Keep a copy of everything and keep making your payments. When it gets to the judge show him everything and explain the situation and the financial hardship you are having and the fact it was aggravated by this company taking payments out when you were already sending payments in.

This sounds like the company is just trying to hurry up payments and trying to scare you. Keep calm. You do what you can and any judge will see that.

I too have the misfortune to be dealing with Daniels Law Office. I have to go for a second pre-trial, since nothing was resolved at the first one. They contacted me 14 months ago about an alleged debt, sued in March, and still haven't provided any documents proving I owe the money, the amount is correct, or that they have a right to collect it. I guess I am being uncooperative for not handing them a check just because they sent me a letter saying I owe them money. Imagine, wanting proof that you owe someone money. The nerve! I filed a motion to dismiss right before the last pre-trial; the look on their attorney's face when she found this out from the judge was pretty funny. The court is going to rule on my motion to dismiss at the next pre-trial, and also decide whether or not to grant a judgement on the arbitration award they supposedly have against me. It is made out to a different collection agency, and is for a different OC then they one on whose behalf they are suing me. I pointed out that an arbitration award needs to be filed with a signed arbitration agreement in order to be valid; this also upset the attorney, who supposedly is waiting for a copy of this agreement in the mail (that was 4 weeks ago). Anyway, I hope I can resolve this soon. They are taking up way to much of my time and energy, and I am not happy about taking time off of work to back to court for the THIRD time. At least I am not the only ones having a bad experience dealing with these clowns. They have had multiple class action lawsuits against them over the last few years. Wonder when the next one will be?

Maybe collection agencies would not play hardball so much if people would man up to their problems instead of trying to run them through hoops to get paid. SJD just admitted to owing the money, however, you still want proof. What additional proof do you need than the fact you know you owe the money. This is why collection agencies need to take such dramatic steps to collect on accounts, because people like to play games and challenge them, even when the debtor knows they are wrong.

This is the problem with American's. They want to fight everything and cost companies more money to collect on accounts when they were nice enough to give you credit in the first place. A hardship is different. Everyone has them, but if you cooperate with the agency, and agree (and actually make) to reasonable monthly payments to pay the account off, they would be happy to leave you alone and move on to someone else who is acting stupid and trying to play the games. Collection agencies get paid on a contingency, so they are not going to mess with anyone making reasonable payments.

The other problem is, people always want to try and get back at them by filing suits. When you go next time to get a credit card or other form of credit, don't complain when the creditor says NO because they are afriad to deal with you because of these types of actions with other companies. There are software programs being created (some already exist now) that tell collection agencies and creditors who has filed suit against an agency or creditor and I can promise you will have a hard time getting credit in the future. Your award will only support you for so long. Start to practice now by paying CASH for everything. Also keep in mind, that even if you already have credit with a company, they have the right to revoke it at any time with this information.

Hmmm.....that they really are authorised to collect the sum from me and I really owe what they claim that I owe.

You don't need to be dramatic.....just play by the rule. That would suffice.

collectors play hardball when they have no legal recourse.no privates is bent out of shape because the days of people like them just getting money by phone is slowly going away.for so long they got their way by acting like a bunch of oafs.this was because people didn't understand their rights.they are thanks to this site,and others getting educated of their rights.yes this forum will continue to educate people of their rights.while no privates can come on here,and show people an example of what they are like on the phone.btw,that is not the way to make your case humanoid,but thanks for stopping by.

side note:the credit card companies don't base anything on lawsuits,because they are not sued.bottomfeeding knucklescraping mouthbreathers are.the credit card companies act on their own,they can and do sue unlike your bottomfeeder company.

What collection agency does "Private" work for? I am sensing alot of anger. Maybe he/she didn't make their quota this month. Also, private, get a dictionary and look up the word "alleged." Thanks.

I was in the Fall River District Court today to get a copy of a dismissal with prejudice from a different company that tried to sue me and lost.


I read the call list for the day and there was about 12 lawsuits for different companies and all where Richard Daniels. Do not take this law firm lightly and be ready to fight them, which really isn't hard to beat them in the end. I see him getting disbarred in the near future too for his shady practices.

Many debt collectors do not play by the rules... I just found one who violated the law to a person who is not even my relative.

I don't ever intend to own another credit card as long as I live. Credit card companies are just legal loan sharks, IMO.

You have remarkably good eyesight:
http://www.mass.gov/obcbbo/bd11-003.htm