Bennett and Deloney

DV = 'debt validation' or 'validation of debt'. It's the process whereby you make them prove that you owe what they think you do, that they have a right to collect it, etc. There's a good template for that letter here. Send it certified mail, return receipt requested, and hang onto the little green card you get back. That's your proof that they got the letter.

FDCPA = Fair Debt Collection Practices Act. That's the federal law that governs how a debt collector can proceed when trying to collect a debt, the things he can and can't do, etc.

In particular, I'd like to know what this $200 they claim you owe is for... Doesn't sound as though it's for goods purchased. And Wal-Mart LP doesn't have the authority to levy a fine or other punitive measure on you. Only a court of law can do that.

Like I was saying, I think you have cause for legal action. As for an attorney, you can likely get a consultation for free. Call around. You might also check with your local legal aid outfit. Another good possibility is to see what legal assistance mmight be available through your husband's unit. I'm decades outta the loop, and the acronyms keep changing, but I'd bet you a cup of coffee that help is available. The military has historically taken a really dim view of this sort of thing.

There are 5 criteria that any LP for any company must meet:
1. They must observe you entering the store
2. they must see you select the merchandise
3. they must see you conceal the merchandise
4. they must observe you pass all points of purchase
5. they must keep you in sight at all times

If one of these is not met, there is no case. I would say they detained you under false pretenses and that anything you signed was signed under duress. You have a valid cause of action against Walmart and against the employee that detained you. I would contact a NACA attorney and see if you can find one that will pursue


www.naca.net

Welcome to the club. NCO debt collection agency calls morning, noon, day and night Mon-Sunday. They have yet to show proof of the debt and didn't even know the law that requires them to validate said debt. This debt is over 10 years old and less than $100. When a debt collection company or a credit card company does not abide by the laws, I could give a rats @$$ if they are "morally" legitimate or not!

I received a phone call this am about a debt that was paid off two years ago. Asked why I haven't had any phone calls or mail in the past 2 yrs. about this debt not being paid..I was told they were not required by law to inform me via US mail about owing money. My experience is if you owe money you get phone calls and letters in the mail...why has it taken two years to call me? Have had same phone number for 8 years..

They now have 5 days to send you a dunning letter.

AND I AM GOING TO MAKE TOILET PAPER OUT THEM. I AM FILING A COMPLAINT WITHTHE ATTORNEY GENERALS CONSUMER DIV IN UTAH AND HAVE SPOKEN TO SEVERAL KEY OFFICIALS IN UTAH. THERE IS A ATTORNEY NAMED MIKE BENNETT WHO IS ASSOCIATED WITH THE FIRM, I HAD IT CHECKED OUT. I AM GOING TO FILE A COMPLAINT WITH THE UTAH BAR ASSOC ABOUT HIM AS WELL. THEY ARE TRYING TO COLLECT OVER $200.00 FROM ME FOR GET THIS, A GUY THAT I CANCELED AN EBAY BID WITH LAST YEAR FOR AN AUTO PORT I DID NOT BUY AS HE MISREPRESESENTED IT. THATS RIGHT FOLKS, THESE NUTJOBS ARE INVADING MY LIFE LIKE BOTTOM FEEDING SCUM TRYINGTO EXTORT MONEY FROM ME BECAUSE I RIGHTFULLY CANCELLED A BID ON EBAY AND EBAY UPHELD THAT AS WELL. THIS IS WHY OUR COUNTRY IS IN A MESS, GREEDY SCUM BAGS BUYING DEBT AND NOT EVEN CARING IF ITS LEGITE. I HOPE YOU READ THIS, YOU PAC OF PHONEYS AND ARE YOU ARE MONARCH LAW TOO? AND WHY CANT YOU BE STRAIGHT UP ABOUT YOUR REAL ADDRESS, IN COTTON WOOD HEIGHTS. YOU ARENT IN MIDVALE, I CHECKED WITH THE MAYORS OFFICE. YOURE GETTING A BAD NAME, BETTER BE CAREFUL. EMAIL ME IF YOU ARE WORKING ON CLASS ACTION PLEASE.

I am amazed at how difficult Bennett Law is making it to pay my bill. They are collecting on a debt that I know I owe, but will not send me a statement regarding this. They say that once I have paid it in full they will send me a letter... I am sitting here, with the money order in hand but refuse to pay some place I have never heard of. All I want is to pay a debt if it is owed people! I have never had this hard of a time with a 'collection' agency. If it meant I would pay my debt, they would mail me a letter every day! All I want is something in writing!!!!

based on all the info in this thread do you really want to send them a money order? I dont think I would , in fact I know I wouldnt unless they sent a copy of the debt validation and a complete itemizzation of all the charges because they add their own fee to the actual bill, then if they do not send it, WRITE THE UTAH STATE ATTORNEY GENERAL AS I HAVE BECAUSE THE MORE COMPLAINTS AGAINST THIS FIRM THE BETTER CHANCE IT WILL BE SHUT DOWN.

they wont even sign their letters. i turned my case over to my lawyer. i told them i had a lawyer and they kept calling me big no no that means debt is wiped clean now by law. now its time to sue them plus wal mart. why wal mart they hired them that makes them party responsible they know what b/d is doing. i talked to n. cook so he said he was. what a dip s... no way hes a lawyer that dumb wow.

You'd be surprised! There are quite a few dumb lawyers. All you really need is a good memory!

ALWAYS get something in writing before you pay a dime (guest 3 posts up). Like AMLNGN said, file a complaint with your state's Attorney General. Also the FTC. And if they are harassing you over the phone, add the FCC as well.

No it's not. It means you have grounds to file suit for FDCPA violations and as an end result they might eat the debt but there is no law the extinguishes the debt automatically.

I have dealt with this group. I will say overall they can go overboard to collect for their clients, but I had a peaceful dealing with them. As long as you pay what you fairly owe, they are very open to negotiating monthly payments with you, and will do so in a respectful and professional manner. I owed money fair and square, and they collected, but they were overall willing to work with me fairly. If you do, however, miss a payment, or ignore them, they become VERY threatning. So just pay them what you owe them and be done, and you should be ok.

Well, I think that should be quite obvious! But if people could pay it - it wouldn't have gone to collections in the first place.

Dispute the claim. The letters they send out are all fluff. Who ever the person above is that is "claiming" to be an employee has a stunted mental capacity and clearly is ignorant about what is really going on here. They are simply a collection firm. They send out hundreds of these letters but for the cost of legal fees actualy sue very few people unless the financial benifit would be profitable. If it costs 5k to sue somebody for $200 I wouldn't pursue it either. However, in there defense, if you owe money then pay it. They should get there 15% to 40% of what was collected. Its only fair to get paid for doing a job. There job is to collect. Although, personaly I think they are no more than a group of shiesty low lifes, making a TON of money off bullying ignorant people around. Ignorance drives ignorance....

Joe

By the way if you want to join in the fun check out or google this site MyCollectionJobs

Have fun!!!

My mother received a letter from this lawfirm saying there was an act of "theft" at a Wal-mart. So I called the lawfirm & questioned this incident, as I have not stolen anything from any Wal-Mart- in fact, I'm probably one of their top customers!! When I called the lawfirm, the young lady on the phone told me the incident was "either 10/6 or 10/7 of 2009." I asked her to then send me validation of the balance cause I do not shop at this particular Wal-Mart she was referring to. She could not provide me with any info. I told her then why would I wire $250 to some agency for something that they can't even tell me what it is for? She then said they have my name, old address, DOB & SSN. I asked to verify with me what she had on file, and the address she had was my mother's address, which I haven't lived in for over a year and the SSN she gave me did not match mine! I think this is a scam!