Atlantic Credit and Finance - is it a law office of John P Frye?

hi grlnew

don't worry......they wont sue you or garnish your wages. They are using scare tactics to intimidate you. So, do not hit the panic button. I know dealing with collection agencies is really a pain in the neck!!!! But you have to deal with them and that too bravely....next time they call you ask them to validate the debt. Remember that validation is the first step that you must take to deal with the collection agencies.

Take care n do not worry
Nelly

grlnew, do not let these people even phase you. understand that threat is what these people use. it is their tool. someone will be along shortly to inquire of the specifics. i am just here to tell you not to worry.

texan.

Grlnew, the first thing to do is not panic. There are laws that cover what a collection agency can say or do to you. And they've already broken several. They can not garnish your wages or lein your home without a judgement, obtained from a court.

Now... What state do you live in? And when was the last time you made a charge or payment on the account in question?

You can send payments to them, whatever you can afford. If it goes to court it will show that you are doing what you can. If they refuse any of the payments then they will dishonor the contract and void it.

Thanks for all your help and advise.. what really concerns me is the law office it is at.. Has anyone heard of or dealth with the "John P Frye Law Office" they say there client is Altantic Credit and Fiance.. or are they both one in the same... I want to get this taken care of.. but they don't work with me.. they want it all now!!!
Thanks

If anything looks fishy send them a debt validation letter (you can find a good template via my signature) which should be sent certified mail, return receipt requested. Otherwise just pay on it what you can, they have the right to demand payment in full but probably will not refuse payment.

Thank you.. with the letter.. what enclosures should i send with it.. this wont upset them more will it.. and make them send me to court sooner?? Just want to make sure i do everything right.. and i will send them payments.. so show i want to make payments and i want to pay this off..

If you send the validation letter then you should wait until they validate before sending payments. The enclosure is listed as a hyperlink. For your convenience here is the url:
http://www.ftc.gov/

Does it help to work with a debt settlement company? Do they work?

Guest, we enrolled in a debt management co. this past jan. Everything that they explained, their fees, what can happen is happening. Although it hasn't been a year yet since our enrollment, two of our smaller debts have been paid. We have 4 large debts, one with HSBC which John P Frye bought. I spoke with them once, told them the number to call and a second time that I contacted them I was able to leave a voice message for them to contact my debt management co., again.
Yesterday my debt management called to let me know that Frye contacted them and made a very good offer. However, my dm company does not do payments and it was up to me to decide whether to take their offer and pay it myself over a period of 16 months ($600 per month). I told them no. The reason being is that if we had an extra $600 a month, we would, but right now we're just barely getting by with our monthly expense. So we'll just see what happens.

will someone who dealt or settled with them please contact me. Im in desperate need of help!

I've dealt with them. Dealing now. Send them a debt validation letter, certified, return receipt requested. If they don't comply, send a copy of the letter, along with ANOTHER dated letter stating their refusal to comply, to the Virginia Bar Association. Also submit a formal complaint with the Virginia Bar. Their website will tell how. THEN, file a complaint with the FTC. Seek free legal aid, and get prepared to sue. Save every phone call; if it is illegal to record calls in your state, save your phone bill, and keep a log of every single call, the #, and the time.
My best friend, a man, had a tearful panic attack because of the stress brought on by this company. He was laid off of two of his three jobs (security), and fell behind. It has gotten so that he can no longer use his phone. I and others are organizing a class action suit and youtube documentary; you would not BELIEVE the laws this "lawyer" and his sister company, Atlantic Credit & Finance, break. I can't IMAGINE what they're thinking.
I went into debt due to illness brought on by disabilities suffered during the war. I lost my apartment, and eventually my job. I was homeless for two weeks. I'm now working through my illness with the VA, and going to school to retrain for a job I can actually do with my physical limitations. I'm constantly on the verge of getting kicked out of my present living situation because of their calls, and then they'll never get their money! So, their behavior is just... idiotic, really! They are shooting themselves in the foot!
I had enough. I have NO money, but went to talk to a lawyer. The constant phone calls, the attempts to get me to borrow money from my family, the harassing language, the calls as early as 6:58am, and as late as 10:20pm, the failure to answer a request for validation of debt letter, and the refusal to stop calling this house and harassing people who aren't even involved; all are going to cost the company MORE money than my debt was even WORTH! Soooo..., how stupid can you be? According to my lawyer, Frye could lose his license over this kind of stuff! Are they nuts or something?
I'm getting a suit together in California, but there are people in so many other states being harassed by these guys. My friend, also a vet, does student films (doing documentaries about vets after the war). We're putting a documentary together for youtube to inform people and the public about what is going on with these guys. They're literally affecting the mental and physical health of hardworking people who have just fallen on hard times.
If you're in California, or you're in another state and want start your own class action suit, visit yuotube for more info;)

I would like to be contacted about the class action lawsuit. These guys are harassing my husband at work and even told my husband that they didn't want to work with me and would only work with my husband. My debt was incurred long before my husband and I got married. Then they proceeded to tell people what is on my creit report. I hope hese people go down hard. If you are being harassed by these people visit the FTCs website and file a complaint with your state's attorney general and file one with the FTC. edited for your protection - ND

JP Frye is a law office Atlantic Credit and Finance can and will sue you they will send it to an attorney in your area If there is someone there leaving messages or telling someone besides you spouse your personal info that is a violation and you should contact acf and let them know the debt settlement companies take their share of money before they even worry about your outstanding debt so I you have the money to burn then use them they are doing the same thing you can do yourself you can negotiate with the collector's yourself and save thousands of dollars they can't stop the calls or the collection process if you had the money you wouldn't be in debt in the first place so contact you creditor's first most will be willing to settle with you also a collector can call you up to 8 times a day without contact just answer the phone and let them tell you where they are calling from and they can't call you again that day

I received a letter from them about 10 months ago regrading an " alledged " debt. The letter stated that he represented atlantic credit ", but neither he or any of the attorneys in my office have reviewed the account", BUT PLEASE CALL AND MAKE ARRANGEMENTS TO PAY !....and to top it off, he sent the letter without his signature !
I sent a letter back to him DEMANDING VALIDATION. I never heard back from Frye, but recieved a letter from ATLANTIC CREDIT basically a form letter stating how much was owed, last payment made...yada yada yada. VALIDATION PER MY DEMANDS AND IN ACCORDANCE WITH THE fdcpa were never PROVIDED !
I researched the State Attorney general's link in my state ( Tenn) and JOHN P FRYE IS NOT LICENSED.

Needless to say I sent ATLANTIC CREDIT A CLRRR demanding they CEASE AND DESIST from further collection efforts and communication, or I would hold their Company, CEO, officers and staff corporately and individually liable for violation of the FDCPA, as well as any and all PUNITIVE DAMAGES, OVER AND ABOVE THE AMOUNTS ALLOWED BY THE FDCPA my legal counsel deemed appropriate to pursue.

NOTE: if your legal rights are being violated, go after the Corporation as well as those INDIVIDUALS who have allowed those violations to occur. Just remember folks, a corporation is a "fictional entity by name only" and cannot act without an Individual authorizing it to act"

You've posted this before. Just what demands did you make?

I demanded that they send me a complete history of payments DOCUMENTED BY THE ORIGINAL CREDITOR and copies of all transactions, and a copy of the original SIGNED AGREEMENT, so we might determine IF ANY IDENTITY THEFT HAS TRANSPIRED. I also DEMANDED PROOF of ownership of the 'alledged debt", and/or proof that they( JOHN P FRYE) were authorized to represent ATLANTIC CREDIT

I stated that these demands were supported by the 7th CIRCUIT COURT on September 4th, 2004 in the case of FIELDS vs. WILBUR LAW FIRM.

No reply from John P Frye or ATLANTIC CREDIT.....

I followed up with a cmrrr advising that since they had been unable or unwilling to honor my VALIDATION request, THAT THEY WERE TO cease all further communication and collection activity in accordance with established law.

it's been several months....not another peep ...

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when did you send the letter to Atlantic Credit?

But I know it has been several months. I think I nailed Frye on the fact that (1) he indicated that neither he nor his staff had reviewed the claim by Atlantic Credit (2) He failed to sign the letter (3) He is not licensed in my state (4) He nor Atlantic Credit ever validated the alledged debt. Anyway....MISSION ACCOMPLISHED...not another word

Until it is sold down the line to the next JDB. Rinse and repeat. I guess this had the desired result. CA's like to go after the lowest hanging fruit and many will back down when they realize they are dealing with an informed consumer.

...AND AS YOU SAID 'RINSE AND REPEAT"....good phrase !

This is verbatim from the website, under "DO IT YOURSELF"

"What does a debt collector need to provide as debt validation?
Proof that they own the debt legally or have been legally authorized to collect it from you.
A complete payment history documented from your original creditor. 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.
A copy of the original loan contract that you signed with your creditor."

Granted, it is "pre-discovery" before litigation, but since many of these JDB's don't follow the FDCPA, or even understand it...heck just let them know in advance, that you are informed !
My Phiosophy is "whatever works " !

A close personal friend suffered an economic blow when his salary was reduced by about 40 %. He got behind on some bills and received three letters from debt collectors.

His response to them:

"It is my full intention to pay all of my legitimate financial obligations as soon as my circumstances permit. How ever I intend to pay the original creditor as I don't conduct business with Debt Collectors, Bill Collectors or third party interlopers, nor have I given you permission to intervene in my personal or financial affairs. If you continue to harass me either by telephone calls or by letter, I will file complaints with the FTC, as well as the Inspector General's Office within the US Postal Service.

CEASE AND DESIST !...

No more letters or telephone calls in about 14 months, and I'm happy to say that his income is now close to normal and he has been able to resume payments on his debts.

jpf isn't license in TN, you moron. if you actually read your mail, frye is in VA. i have worked with them on my account and got my settlement for less than half. talk reason to them and they can help you out.

this is a bottomfeeding scam and you must work for them.nice try moron.

While I understand everyones frustration with debt collections, They do have a right to take you to court if the debt has been deemed 100 percent recoverable. Thats right. If you have stocks, a 401k, anything that is determined means for you to pay. Which is why its even done in the first place. If you are nameless joe, homeless living in a box, of course a suit isn't going to be productive, however if you are middle to lower class, but have investments, including a 401k, that is considered an income or 'funds' which is why its best to ask for a settlement, request a letter validating the debt, and then pay the large sum up front, if you keep an open line of communication with them, don't dodge their calls, or pretend your not home... they will work with you. I've actually settled quite a few accounts successfully and have no complaints. "hope this helps" you are right on tract.

Sorry just to let you know a c&d letter is only valid for thirty days. AND sending a letter stating you'll only work with the original creditor doesn't mean anything or do anything. If you call Capital one or Bank of america they will refer you back to atlantic their hands have been cleared of the whole thing once its been sold. I have them call me I answer, explain my situation and if someone is nice and not a jerk, I'm ususally very open to any arrangements they can offer me. You also forgot to mention you ended up paying bank of america or cap one, and they mail those payments to atlantic. I had an account I didn't know had been charged off and when they called they had already received the payments so they knew I was realistic in wanting to take care of it. think about it, if your job is to contact people and help them fix a bad situation... and all you do is lie to get out of it... they're going to get fustrated.

so have i,but when a place like this is given a timely debt validation request.they must comply,if they sue in response they open themselves up for a legal action for FDCPA violations.a bottomfeeder will violate the law no matter wha.it is up to the consumer to pursue action.i for one would never settle with a CA that does what this place does.

Most retirement plans, 401K's and such are secured and can't be touched from what I understand.

not all posters on here advocate posters NOT repay their debts, me being one of them. I do think that if you owe a debt, pay it back, because it is the right thing to do.

BUT there are laws in place that should be followed, and I think that is what some of the posters are talking about. Also companies who change terms, such as increasing interest from 9% to 32%, or recalling loans early, or tacking on fees that you never were aware of.

And yes there is a small group of people who think they shouldn't have to repay debts because they just want a free ride. But like I said not everyone is in the same boat as those people.

as long as u are paying on the debt noone can su you. i would start mailing them pymnts and send them a letter stating u do not want to be contacted by phone anymore. The chances of them following thru with suit are very slim. It cost to much and no judge will order someone to pay more on something that is impossible to pay. i say jus make that attempt and dont let them harrass and stress u out

I want in on the action sue. I have clients who are being harrassed by his employees. Just today my clients were on the phone for 2 hours talking to these people. They were harrassing him and wanted 1500 down payment when he is only 3 months behind. His monthly payments are only 90.00 a month. They said they are going to garnish his wages. Which I know they are lying. They are in virginina and I dont think they can practice law in california. Can they?

I wish people knew what they are talking about. JPF is licensed in VA. That DOES mean he can NOT practice in another state but all that means is he contacts another attorney in said state to pursue the legal action to be taken. So if you live in CA, JPF can sue you but it won't be him directly. I strongly recommend doing anything you can to settle b/c this would be the greatest way out of the debt. Again, trying to be a jerk and not answering is the best thing to do if you want to have your account forwarded out. thats just a smart heads up for anyone reading this.

I got a paper from Atlantic saying I am being sured. the paper was stuck between the doors of my house. I am unemployed and only getting unemployment. Can they garnish my wages?

no unemployment can't be garnished,but check with your court clerk to make sure there is a suit.if so file an answer,and show up to the court date.if not send a DV letter to the address asap.send it certified mail return receipt.

I can someone please tell me what to do this law office of frye did granished my bank account and won't even answer my phone calls I am worried if they can after my paycheck if they do I will be on the stree next day. Please help me if any one had happend to this.

thanks

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how can i find out who else was on my credit card

I have been informed that my debt was purchaased by Atlantic Credit/ using John P. Freye letterhead. I have talked to their office several times and they keep offering a settlement but If I had that kind of money I would pay, So I sent them a letter stating that I can only afford to pay a small monthly amount and I enclosed a check. The check has been cashed but there has been no communication from them. I have tried calling and am leaving messages but I would like to know if this is being applied to my debt or if someone in the office is pocketing the money. The back of the check just shows that the "Law" office logo not a bank that is was deposited in.

I am being taken to court, actually have a court date coming. Anyone deal with this please respond back. I seriously can't think of who HSBC is or even the Atlantic Credit and Finance.

These guys screwed us so bad. I kept sending in checks He kept returning them. Refusing payment. Then last August 28th Served us with Papers and we actually got Sewed. Despite him refusing our payments.

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Let me correct what I was trying to say. A judgement has to be filed against you. That means you lost. The "plaintiff" then has to file a Writ of Garnishment against you. This is where they can garnish your bank acounts and take a portion of your paycheck. You HAVE TO BE NOTIFIED of this action and this has to be approved by the court. This action can not be done over night. They give you 30 days to have your affairs in order and to be able to file Head of Household/ Exemption of Garnishment. If you make over 50% of the income in your house and you have two dependents, FILE!!! Follow the guide lines on the form. Check your States Rules of Civil Procedure for actual time limits and special instructions.

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Ok, so they are after me too. I negotiated with my credit card company and then they did not honor the deal. They sold my debt to these jerks. I will send the validation request and then wait for the response. Thanks for the help.

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Can someone pleeeeasee help me! The office of John P. Frye just garnished all my money from the bank. Only a $1000 but that's all I have. Now I really don't know what to do. ;( I have to pay my rent and I have to eat. What should I do????;(((((( can someone please tell me what to do.

I have a letterfromAtlantic Credit stating that my husband owes&15,084.73 and we have to appear in court.We are not sure what this is about. Any advice?

"Hi, my name is Arturo and Nick has helped me in my case. He guided me in the right direction and have found out by his help that the case was wrongfully placed on my credit report. Without his help I would have never known what to do or even where to go. Nick you are a good person and I wish that nothing but good things happen for you. Thanks again and I would refer Nick to anyone I know that would benefit from his knowledge. Thanks again." Visit defendasummons,.com

My friend is having problems with Atlantic Credit and the lawyers representing them in Virginia. They already received the judgement by default, so nothing can be done about that. The problem comes when they put a lein on her checking account. She contacted the lawyer immediately and made arrangements over the phone. She agreed to the terms and was told that the lein on the checking account would be lifted on the next court date; but they also told her she did not need to attend the court date that the agreement they made would be ok. Well, know 2 days before Christmas after depositing money she finds out they still have a hold on her account. They have also just served her son who was also on the checking account. Is there anything she can do?

I am responding to the advice of Good Nellie. She advised the person who asked the question about his account not to worry because Atlantic Credit & Finance won't garnish his wages, attach his property etc because they won't sue him.

How wrong she is. Many people feel that debt collection agencies operate on intimidation and that if you just stand your ground they'll go away. Some collection agencies won't sure for any account smaller that $1000 while others will sue for as little as $200. How much they will sue for is dependant on their client and how valuable the client is. In this man's case they ARE the client. They paid Capital for his debt and the fact that they are associated with a law firm makes the probability of being sued higher.

My advice would be to attempt to negotiate a settlement. Atlantic will never tell him how much they bought the debt for but sometimes debt buyers will pay as little as 10 cents on a dollar for a bad debt. Let's say that his debt was $8000. Let's say that Atlantic bought it for 10 cents on the dollar and paid $800 for it. Now they have a debt of $8000 which is large enough to sue but they only have $800 in the debt. That amount would be equal to say, for example a dentist's bill for $800. They want to make a profit though so you'll have to pay more than that. I would attempt to negotiate a settlement but I would make them throw out a figure to me (always remember that when negotiating for money that the person who makes the first offer usually loses).

Hope this helps