I'm now getting calls from a law firm

This is what it says about the account being purchased.

Closed - Transferred to another lender. Purchased by another lender

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.

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.

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.

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.

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.

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

[quote=kuddish19]
weltman weinberg reis law firm. They look legit.[/quote]

They aren't. A quick search on our site will net you a bonanza of information concerning their crooked practices and general incompetence.

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

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.

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.

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.

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???" :):):)

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.

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!

Well, if you got the lady recorded saying that then yeah, she basically lied to you. Send out that DV CMRR and if you can, record the calls (be sure you are in a one party state, or be sure to include in the letters that all calls are recorded). Start keeping track of the violations they make and try to keep a meticulous paper trail so that they have no wriggle room and if push comes to shove..you will slam them into the ground.

Wrote up the letter today. Will send it out tomorrow since I cannot send it out today due to Veterans Day. They did call me again to say they are sending me a settlement letter. Of course that offer only stands till Nov 28th. I looked at my credit report and it says that it was purchased by another lender. The lady who I spoke with stated that they were hired by them. So wouldn't that be another lie? I have over 16k for my debt and I know about 5k is from late fees from them, so I think they are offering 10k. Which I will decline. I'm thinking half of what I originally owed would be suffiencent which was 11K. So I'm thinking around 5k. I will send them a letter for much less but see where I can start.

Well, before you consider any of their so called offers, make sure they properly validate. Especially with a copy of a signed contract that states they can tack on these extra 'late fees' you were talking about in your last post. They can only legally charge you either your state's interest rate, or what is stipulated in the signed contract. You also want a full accounting with all statements.

If the account was sold by the OC, then yeah, she lied again but by now I bet you are not too surprised eh?:) It may be further back in the posts, but refresh my memory...is the lawyer representing a CA or are they the ones doing the collecting? If they are acting on behalf of another company, I would DV them too and make sure they prove they are either collecting on behalf of the OC like the lawyer said, or they have documentation to prove the sale if they did in fact buy the account.

When you do get to the settlement phase, take into account how old the account is (the date of last payment, or 60 days from that date (I think). A good rule of thumb is the older the debt, the lower the settlement. You also want to have this agreement in writing, and make sure it states that this settles the account in full, no reporting to the CRAs, and no selling off the account.

The Lawyer states they are the ones doing the collecting. The debt is really old. It's about over 2 years old. I'm going to be heading to the post office in a few to send the letter. Thank you for the tips on the settlement letter. Once I start that phase I will keep up with you so you can help me out through all this. I really appreciate it. You were so right these CA's love to bend and break rules. It's funny because I would be running scared if it wasn't for people like you on this site. With just a little knowledge how you can help yourself and how they break the law.

Well good luck with it and keep us informed! We will help you out as much as we can along the way. This site has helped me tremendously and through it motivated me to research all this and to give back all the help I was given when I first came here.

It is a sad fact that many, many CAs simply break the law left and right and they like to scream that it is a stall tactic to demand validation, but in all honesty it is their own fault since if they would not act in such an illegal fashion, people would not have to protect themselves so vigorously. I have not had a CA yet who has been able to come back at me when I say that. :)

I ended up having to get a lawyer and it is costing me 750.00 to deal with these scum bags. I sent the lawyer that signed the paper an e-mail that I wanted to have a pre-trial conference and she never did call back, but some flunky from the office called me back and asked me if I wanted to offer a settlement I told her no and asked her what she did with the settlement letter that I faxed to her back in July? "Well I'll have to see if it's in your folder" yeah right, it is in file 13! They are counting on me not showing up for court. I'm waiting to hear from my lawyer to see if he can deal with them. The sad thing is, I never used the card it was a balance transfer from 6 years ago and I am sure I paid for it 3 times since then.

Can they set up a court date and not notify me? Just curious for future reference. Also Any phone call they have had with me could I request a copy of them. I'm going to start to record my phone calls with them. I have had only 2 so nothing to serious just yet.

I wrote up the DV today and also made up a Cease and Desist letter. From What I have read these guys are classic for not validating. I know this is just starting and want to slam dunk these guys. Glad I have everyone on here to help out. Lets score one for the good guys!!

From What I have been reading WWR tries to have you default and get judgement against you. They will send you letters to wrong addresses. How could I keep up with them and make sure that I'm notified of any summons or Judgement is waiting for me. I live in San Diego. They are based out Cleveland. What court system would they go through? Have to cover all bases.

They have to sue you where you live. That means San Diego. Standard procedure is that they hire a lawyer in your state to sue on the case for them.

Is there a way to look up online of local courts that I could look up info to see if they try to sneak one by me?

Some courts have online searches available, some don't. You should goto the website for your county and see.

Try this: www.sdcourt.ca.gov/portal/page?_pageid=55,1&_dad=portal&_schema=PORTAL

the case type would be a civil suit correct?

yes it would be a civil suit. Also, dont forget to check small claims as well, since a lot of CA's have taken so small claims courts to get money out of consumers. I dont know the amount they claim you owe, but thats something to keep an eye on as well.

Something struck me on the first page--they said to you:



They said "since youre represented by an attorney..."--thats a violation right there. if they really thought you were represented by an attorney, the conversation should have ended right there with "please give us the contact info for your attorney". fdcpa doesnt allow them to call you at all once they learn that you have hired an attorney, unless they cannot locate or have been unsuccessful in trying to contact that attorney. They thought you were represented by counsel, yet continued to call you and demand payment. Thats against the law. It would be a good idea to keep a log and write down word-for-word what they say to you each time they call, and also the date and time of the call. You live in a "two-party" state, which means that you cannot tape record any phone calls without getting permission from all parties who are a part of that phone conversation. Most often, if you tell them you are recording the call they will hang up, but you can still try it if you like. Get a recorder and hook it up to the phone, then when they call, say "this call is being recorded, by remaining on the phone you are giving your consent to be recorded today." If they stay on the phone, I would be surprised, but you never know.

Skydivr7673,

Thanks for all the tips. I have been logging the info. There has been only one real call. They knew i was repersented by Hess Kennedy and They knew they had gone under. So it is okay if I get verification correct? As far as how much I owe it's 16K.

Good to see you back sky.

So yesterday I was sent a settlement letter from them. I don't think they received my DV letter so no violation yet. The settlement was for 10k and to be paid by the end of the month. Seriously? Do you think I can come up with 10 k in a matter of a few weeks. Who the hell do you think I am?

Personal attacks will not ne tolerated - ND

Guest, why don't you crawl back into your hole and leave Golden alone? Better yet why don't you leave your name and address so she can come over and KICK YOUR A$$? You must be in love with her as much as you harass her, HUH?

Personal attack - Deleted - ND

Personal Attack Deleted -ND

Just looked this up on USPS.

Delivered, November 18, 2008, 8:55 am, CLEVELAND, OH 44113

DV Letter was signed for. When will i get a reciept confirming this? Or is the one i have the confirmation?

ND, I didn't have a chance to read the ugly comments by that other guest, but that's okay as long as they leave golden alone.

So I have been checking the San Diego Courts online the past couple of weeks to see if they are trying to be at all sneaky. Have to keep my guard up.

Going on 3 weeks now. Nada. Which does not suprise me. Do you think it will get passed off and another CA will try and call me?

Been Over a month and No Response.

Just keep an eye on your reports. They do not have to respond at all but cannot continue collection efforts until validation is provided to a timely DV.

Nascar,

I will do that. Will they possibly try and pass it on to another CA? Can they try and have a judgement against me if they don't provide the validation?

Thanks!

It's possible they will send it on to the next CA. They can try to push this thru the court system. Just be vigilant for any activity on the courts website.

I have been keeping up with the SD court system. I have been checking online periodically to see if they want to try and slip one by me.

2 Months now. Nothing from them. Any Ideas what they might be doing? I have looked up SD court system to see if they have filed anything.

3 months now and have heard nothing. I DV LVNV Since they showed up on my Credit report with the debt. I also filed a dispute. We will see what happens.

Why do you think they have not contacted me or sent anything at all? I have kept up with SD Courts to make sure they are not trying to sneak a judgment passed me.

I just got a letter from them stating that verification has been received. Howerever we have returned this file to our client, and have ceased collection activities. Therefore we will not be able to assist you in?? obtaining the requested info.
This is a law firm is a debt collector attempting to collect a debt. However this file has been closed.
Interesting. They have sent it back to LVNV Funding.