Debtconsolidationcare.com - the USA consumer forum

can someone help clear this up for me?

Date: Wed, 09/13/2006 - 12:30

Submitted by imkimssister
on Wed, 09/13/2006 - 12:30

Posts: 1301 Credits: [Donate]

Total Replies: 13


Okay--most of you here that know me, know what I have been going through with wells fargo financial. I even made an updated post last week. Anyways, they have a lawyer 'collecting' on the debt right now. A lawyer that claims to be representing, 'north star capital' that is representing Wells fargo. so a collection agency collecting for a collection agency?? unless North star bought the account from wells fargo? anyways, the lawyer claims to be the 'collector' at this point. They mailed me out a letter dated September 2, and then I just got ANOTHER letter from them today that was dated September 8. Can they continue to keep sending letters like this??? I mean, maybe I'm confused, but what happened to me having 30 days to dispute? which I did. I mailed the letter out this past monday-the 11th, certified return receipt. Now they're not suppose to contact me until they have the correct paperwork and validation, unless its to say that they need more time, but even then it has to be within 30 days of my dispute/validation request. correct?
Now, I know they haven't gotten my letter when they mailed out theirs. (the second one), BUT they hardly gave me a chance to respond to the first one before they're sending me out the next one. The first letter gave me the usual 30 days to dispute. I thought they weren't suppose to contact me again before my time to dispute was up??? am I correct? or can they send me a letter every day if they want, until they receive my dispute/validation letter? In the letter today, it was as though they just assumed that this debt is mine and the amount is right and they were demanding that I pay it in full at once. thanks shirley


If I have understood everything clearly, you sent the dispute letter to north star capital, not to this other 'lawyer' collecting on their behalf. I am assuming that the address of north star capital and the address of the so called 'lawyer' are different. So the latter one is sending you letters since you never disputed anything with them.


lrhall41

Submitted by aciotsf on Wed, 09/13/2006 - 12:50

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No, I sent the letter to the lawyers, Nathan & Nathan. I just sent out the letter so I know they haven't gotten it yet. But my question was, after them sending their 'initial' letter giving me 30 days to dispute, can they contact me again during that 30 days before hearing back from me? I know after my dispute letter, they can't until they provide the validation, but what about BEFORE they get my dispute letter?
like say, what if I waited a few days before the end of the 30 days to respond to their letter, are they allowed to keep writing me during that 30 days? I guess i thought it was a one shot deal, they send you the inital letter giving you the 30 days and then they backed off during that time, giving you time to respond and or dispute? thanks, shirley


lrhall41

Submitted by imkimssister on Wed, 09/13/2006 - 13:11

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I've had letters come in quick succession like that as well. In fact, just last week I received my third letter in 4 days from UCB. I had sent out my DV letter 2 days prior, and they got it. So, they haven't sent me another letter since receiving my DV letter.

I bet they "ass"ume you won't respond anyway, so why not send letter after letter?

Jenna


lrhall41

Submitted by on Wed, 09/13/2006 - 13:49

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Hi Shirley,
They can send letters as often as they want unless you have asked for validation or disputed the validity of the debt. It appears from your post that both letters are dated the same day?? It almost looks like an attempt to create account documentation for further pursuits.

Collectors (agencies or attorneys) are not restricted in how ling they have to provide the requested information, only that they must cease collection attempts once they receive such request until they can produce the requested validation, they don't have to ask for more time they can just take as much time as they need, but can't continue to collect in the men time. AS a consumer you have 30 days after receipt of a dunning letter to dispute it or request validation.

You are also confusing dispute/validation with Cease and desist. When you issue a cease and desist letter , they are permitted to contact you one more time to advise you they will either (A) Cease Collection activities. (B) Advise you what other legal remedies they may pursue and a third thing I can't remember off the tip of my head. Ill look it up later and post and update.

AS for this lawyer, I would send him copies of all your correspondence attempts to straighten this out with wells fargo (include any correspondence to or from your consolidator as well. Advise you are willing to work with him to resolve the matter, but theses previous related issues must first be resolved.


UPDATE:
Quote:

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.


http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805


lrhall41

Submitted by LCW on Wed, 09/13/2006 - 14:43

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Thanks LCW. I have had collection agencies write within 30 days after I asked for validation to let me know that they were working on it. I guess that was them being courteous. The letters were dated on the 2nd and then the 8th from the lawyers. I sat down the other night and wrote a long letter to this lawyer giving him the whole run down on this account, letting him know all the problems I have had from day one....but neglected to mail it because I got to thinking, maybe I would be giving them TOO MUCH information?????? TMI Now since writing them a short and sweet less than one page validation request, I wonder if their next move now is to take me to court just because I asked. shirley


lrhall41

Submitted by on Wed, 09/13/2006 - 15:30

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their next move maybe to take it to court (though I think they are trying to fabricate a case, because they didn't get anything to go on). IF they do go that route, take all of your documentation on these Wells Fargo account in to the judge and explain the whole saga to the court. I bet things won't go the way this lawyer wants once the court sees what you have been trying to do with out any cooperation from Wells Fargo or their collections agencies and attorneys


lrhall41

Submitted by LCW on Wed, 09/13/2006 - 20:21

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I sent them a dispute/validation request last tuesday. I live in Tn, they are in Alabama. I figure it would take two days for it to get there, so I was thinking they got it on thursday. They called my home on friday concerning a 'time sensitive matter'. I am assuming they hadn't got my letter at the time of their call, as it would be a violation on their part, to call after receiving my validation request, correct? Lawyers that are acting as 'collectors' do have to abide by the same rules, don't they? they also have to honor my validation request as well, correct? haven't gotten my green slip back yet. guess I have to sit tight and wait to see what I hear from them next?


lrhall41

Submitted by imkimssister on Mon, 09/18/2006 - 11:09

( Posts: 1301 | Credits: )


Shirley-sometimes it takes a while to get the green slip back,or it has for me. In my case,LVNV didn't validate,even after two letters,but sent it to one of their many agencies,so I went through the process again with each of them. Now they have sent it to someone else who is going to issue judgement,because I am too educated in debt(their words) and have been on this site learning how to "get out " of my debt! If they do contact you before the validation,it is a violation. Keep notes of days and times,who called,etc.,for your records.Good Luck...KAren :D


lrhall41

Submitted by Bossy4455 on Mon, 09/18/2006 - 11:15

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They're a bunch of criminal thugs- my husband refuses to answer our cellphone if it's a number he doesn't know, because we've heard enough horror stories about Northstar to make your hair curl. Well, I'm unemployed and my husband is on SSI: So even if they find us, they won't get nothing anyhow.


lrhall41

Submitted by on Fri, 04/24/2009 - 10:37

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Is it legal for them to "purchase" old accounts that Wells Fargo has closed out and then take you to court??? How does this work??


lrhall41

Submitted by on Fri, 06/05/2009 - 11:31

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