anyone with info on LB&N in Okla?

Did you include a limited C&D with your DV letter? If not they will continue to call.

Read More on LB&N at Bud Hibbs

http://www.budhibbs.com/debtcollectorpages/love_beal_and_nixon.htm

Also note that there is no provision for a "limited C&D" in the fdcpa. I would send a follow up DV to them and add ALL CALLS TO MY HOME AND CELL ARE RECORDED and then record every call.

I've never had prior contact with LB&N, I was trying to find out if anyone else had dealt with them before, if they knew if they were a JDB or not.

The other CA that keeps calling get thier DV & Cease communications letter, certified and the receipt mailed back to me on Monday. They keep calling my cell phone all day. I don't answer, I'm not wastingmy minutes...LOL

But wouldn't that be violations, for them calling after getting my letter? Should I send them another one telling them they are violating and I'll take them to Fed Court???

Any ideas?

If your DV was timely (w/in 30 days of receiving their initial dunning letter) and they have not validated the debt, then further collection attempts are a violation.

Thankx Nascar!!! I thought that is the way I understood it, but wanted to verify that I was not having a semi-senior moment!! LMAO....

well, actually, they(portfolio) have never contacted me about the alleged debt..I ran my credit report and found them on there last week. No prior calls or letters...But I put on my letter with them, This is mailed in response to your business being on my credit report. I have received no prior contact via phone or letters from your company....then all my other blah blah blah stuff....

this makes the second collector that hasn't previously contacted me! What is up with them doing that...yeesh..

I do know where I live they file tons of suits, don't know the outcome, only that they file. Do as Nascar suggested, read Bud Hibbs about them. Be sure and answer any summons they send, they,a nd other DC hope to win by default..Good Luck..karen

got an update...

last night, my cell phone took a voice mail message from someone at LB&N...they've never called before...weird. still haven't been served. I have no clue what kinda crap they are fixin to pull...but I've read through all kinds of boards and printed off tons of info...so I hope that helps.

Where I live, they file suits by the hundreds...litterally, and 98% are won by default. The others are won because the defendant failed to answer something. The ones that go beyond that look to be dismissed. I've not found one where they have won through the process.

I hope you all have a very Merry Christmas/Happy Holidays.

Peace be with you....

Thanks Sphere- Hope you have a blessed Christmas--Let us know what thappens..karen

update....funny how I post stuff on here and whamo, my cell starts ringing. I've had no prior contact with LB&N prior to them filing suit, however, I ask questions about them/the suit on here and I get two calls last week about it from them.

So, can I consider that initial contact and send them DV letter certified?? Since this is already jacked up anyway...will it hurt or help when it comes court time that I doing what I need to do.....since they never contacted me prior to, I would think this would help...

Any thoughts???

have you ever been formally served yet?i haven't heard that you have yet.

nope. nothing yet. I check oscn everyday though. my boyfriend was in the hosp for a week with MRSA so I was there alot. Course I work Fri & Sat nights at the bar...but still....it's weird they called now...after how long...ugh...very frustrating.

But, I guess I will go ahead and send a DV letter, since I have thier number on my cell phone and it's contact....hopefully that will help me.

You don't think they are calling to settle do you? that would b e weird being they jumped the gun and filed suit first....weird...

How was your holidays Paul??

it was good.hope yours was good all things considered.yes send the DV letter.keep up on whether they serve you and when,but the letter will keep them in line.come to think of it that does sound like how a bottomfeeder operates.if you don't settle then they file.i noticed nascar is around again.maybe he can shed more light here.

good...I noticed NASCAR has a ton of info about these things...so I hope he can help.

I found it odd that I've been whining about them not contacting me prior to filing suit, and I'll be dipped in stuff if they didn't call last week, not once, but twice.

weird....

oops...sorry. I must have not signed in yesterday when I posted that...LOL..I'm a goober...

So sphere- you haven't been served yet right? Did they send something in the mail that you were being sued, or say it over the phone? You may have mentioned it, but,I ,too, am a goober sometimes :lol:

In addition to looking at the oscn--check with your court clerk about any suits. My daughter-in-law has a suit, and it still isn't showing up on oscn.

Let us know what happens..good luck..karen :D

Hey Bossy....nope, not served yet. I haven't seen anything in that mail either. The guy that called said in almost a smirkie voice, (I thought it was a friend of mine at first.)
Yeah (My name) this is Charles from LB&N, please give me a call at whatever number he left. That was it. No other info...nothing...the first call the day before, they-he-she-whatever didn't leave a message or anything.

So, I'm wondering why the stinkin lincoln they'd call now..after the filed suit...ya know...I never heard from them before.

I researched other cases on OSCN, print off those people summons and thier answers...etc. you know...I still don't understand exactly how to write my answers when I do get the summons, because I don't know if I say...well, plantiff failed to state a claim...then do I have to cite case law from Okla...or a fed case...or will another state work...I'm so confused....

I'm also wondering if in court, I can ask for a chain of custody on the alleged debt. Because I know for a fact, in June/july United recovery had the account, I have several copies of letters form them, and DV'd them...and sent it certified the second time I Dv'd them. So, if I show copies of those documents in court from United, showing the amount they wanted...becuase I'm almost sure LB&N amount will differ....if they show their chain of custody docs...and it doesn't show united...then I'll know they are full of bull...or what??

I know that LB&N is a "law firm" but since they do collections for like LVNV, Portfolio, , Cap1, midland funding, HSBC, Assest Acceptance, United...etc...they file hundreds of cases every single day...are they considered a collection agency or what? I know in Okla...they don't have to be licensed...but there is a law still on our books stating you can't park your horse within 50 yards of the capitol...welcome to Okla..set your watch back 100 years!! LOL...we are the worst for laws..I swear....

but one thing..I have to tell ya'll....I've been able to help head-off a company billing my mother for her broken neck surg last year (which has to be re-done in 2 weeks) that was workman's comp. Yea-hoo for ya'll who posted replies..and keep this site going....you are making a difference.

ummm okay..I found this on a google search for them: Soooo, not only do they do collections for companies...they treat addictions too?? What the donkey snot? weird.....hello.....



800-559-9503 - Addiction Helpline
Below is the listing for Love Beal & Nixon PC, a business in the Addiction Information and Treatment category.
-------------------------------------------------------------- -------------------------------------------------------------

Address: 6613 North Mer Avenue
City: Oklahoma City
State: OK
Zip: 73116
Phone: (405)720-0565
Fax: unknown
County: Oklahoma
Website: Is this your listing? You can add a link to your website here just by adding a link on your site back to us! click here to get started.
Email: unknown
Misc:
Map: Map Location

I'm still trying to find out if they are a JDB & Collection agency or what...if you know...please share...

Thank you!

Love Beal & Nixon PC is a law firm. Who they have working for them are debt collectors. When the attorneys are not in court they are probably at the golf course or whacking off ...

My point,,,they look like a law firm but they are not. Any information from an attorney is from a debt collector. The only time an attorney is involved in the case is when it goes to court. Most likely the president of the law firm has a separate company that is his debt collection company but it is almost impossible to find, I have found a few in Massachusetts that operate that way. The law firm says they have an internal collections but it is a separate company.

Thankx guest...I kinda suspected something was up being that they file suits for all sorts of companies. I'm still confused as how they got my stuff when I was already in the DV process with United over the same alleged debt. weird...

thank you though..I appreciate your input!

okay...another question...sooo, since LBN never sent me anything prior to filing suit, which they can and did do, where is it written they are supposed to send me like a final notice or anything by mail saying..hey sphere, you owe us $$$, validate or we'll do whatever about it....is there an actual case law to support this...or is it in the FDCP somewhere??

???? 1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person
(I would think this because filing suit without letting me validate is oppressive)

?? 1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection
(well, they didn't let me properly validate with them before filing suit, so I would think they are being deceptive in order to collect it- they are hoping for a default judgement)

???? 1692 e(11) Communication fail to contain the mini-Miranda warning: "This is an attempt to collect a debt??????? communication is from a debt collector.???????
(ummm, yeah...they never communicated with me prior to filing suit)

???? 1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt
( I can scream it's unfair all day...but still anyone can file suit for anything...they have to prove it though)

???? 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication
I never got anything, just a lawsuit...what the heck)

???? 1692 g(a)(1) Must state Amount of Debt
???? 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
???? 1692 g(a)(3) Must state Right to Dispute within 30 Days
???? 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer
???? 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor
???? 1692 g(b) Collector must cease collection efforts until debt is validated
(yeah, all this would have been nice before they filed suit...LOL)

okay...soooo....any thoughts??

nevermind....Nascar posted this on another thread that answered it....dang...I thought I had a countersuit...

Thomas v. Law Firm of Simpson & Cybak, et al., No. 02-1113 (7th Cir. 12/20/04).

After reading the entire case, the 7th Circuit court stated that a legal summons CAN be construed as initial contact.

I found out from a lady that they are a JDB. She said they also had no prior contact with her before filing suit...hmmm...interesting....

question:

Could someoneplease explain Overshadowing to me. If I have to wait to DV LBN because they filed suit before sending me anything...so it will during discovery...can I counter for overshadowing? Where is case law that supports that? Is that a law of the fdcpa...or what?

also...

brief question...since the law firm that filed suit called my phone twice one month AFTER they filed the suit, this is technically the initial communication, can I, or should I send a DV letter and state on there...I've never heard from you before, I assume you are collecting on an alleged debt with some company? So, since this is the first I've heard from your office, I would like to have you validate this alleged debt?? And keep copies for my records.

I know that filing the suit and when I get the summons is considered initial communication, however I've not been served yet, so the phone call, which by the way only said: "Hey Sphere, this is Charles at LB&N law firm, please give me a call at 1 800-".....I saved the message.

I thought they are supposed to say something like, this is an attempt to collect a debt..or something similar to that...at first..I thought it was about a job...was all excited..but when he said LBN I was like..hmm, wonder why they are calling now after they filed suit....maybe they figured out I'll ask for a chain of custody..because I have letters from another CA that I've been corresponding with over the same debt....

What's your opinion???


thank you

if you answered either time then that is considered contact.if you never answered then you can claim you never heard from them.foreshadowing is good,yes i would think you can use that as well.filing suit to prevent validation is just that.maybe nascar can fill in the rest.

no, I didn't answer...however he left a message, yet didn't say this is an attempt to collect a debt...or whatever that spew is they are supposed to say....isn't that a violation too???

How are ya Paul???

i'm good.well the mini miranda i thought was for actual dialogue.they weren't required to leave it in a message.therefore i consider that no contact yet.

hmm, interesting....okay..well, then I need to figure out anything that supports the overshadowing thing...although I can't really find it in any legal dictionaries...so..I'm searching..ideally, I'd liketo find an actual case law that supports that to slame them with....

maybe skydiver or nascar can help with that.it is out of my area so to speak.

that's okay. I'm looking up info on admission rules for Okla...I get 30 questions to ask...no more or I have to file a motion to ask the judge to allow more....so, knowing that...I need to be thinking about what I should ask...and wait until I get mine so I can base my stuff off thiers...

I did notice something in the state code..or whatever its called....

"The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. "

"An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. "

so, after I send in my answers to summons, I should DV them...wait for that to show that I have made a reasonable inquiry...am I correct on thinking this way???

"A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of subsection D of Section 3237 of this title, deny the matter or set forth reasons why he cannot admit or deny it."

So, if I deny anything, I must show just cause as to why I deny it? Am I clear on this?

"The party who has requested the admission may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this section, it may order either that the matter is admitted or that an amended answer be served."

meaning, I better answer them or else bascially...LOL

I'm really trying here...am I on the right track?

still nothing yet....

just keeping ya'll updated!

Peace...

okay..new question about this case....since United recovery had it first, I dv'd them twice and got no replies....they said they represented Cap1....so now LBN has it, didn't dun me or anything prior to filing suit...

would that not be considered continued collection without proper validation since United were collecting on behalf of Cap1??? If Cap1 is in charge of who they have collect....then they would have knowledge that I Dv'd United...so then if United sent it back to them...and now LBN has it...I don't get it...

I would think it's continued collection without validation on the part of Cap1??

I read this on another board:

Selling the account to another JDB would not be a collection activity. Though the subsequent JDB could be held liable if they demand payment.

How could the subsequent JDB be held liable if they demand payment for something they just got?? Maybe if you dv'd the 1st JDB with no reply?

any thoughts?

okay, I gots an update on this one as well....

So, still not been served. According to OSCN, the process server can't find me.

But you're gonna love this...I finally got something from LBN...you ready for this...

Settlement Opportunity

RE: Tax refunds and Settlements
Creditor: Cap One
Account Holder: Sphere
Acct Bal 2029.92
File Number: #####

If you are getting an income tax refund call us. This letter presents you with the opportunity to settle your account in full for a discounted amount.

This offer is open for a limited time.

Please call our office to discuss settlement. The phone number is...blah blah

As you work with us to resolvethis matter, be assured that you will treated with courtesy and respect.

We have not been notifies of bankruptcy. If you have filed bankruptcy, we are required to stop collecting this debt. If you have filed, please contact us with the bankruptcy case number, bankruptcy district and dat eof filing.

Thank you,

LBN

This communication from a debt collector.



Now, how weird is that...

Oh and I got a packet in the mail from Cap one with last 3 statements, and a letter saying to call THEM(cap one) to set up payment arrangements....LOL

That is pretty weird. When I had the opportunity, I worked with the original creditor, instead of a JDB.

Try to see if Cap 1 will let you go on a hardship payment. Tell them you want to pay them off, but it is difficult with the interest and payments. I did this, and they helped me and got them paid off in a year..Good Luck..karen

Hey K...Hmm, I think I might very well do that. I'd much rather pay off with OC and not a JDB....I never refused to pay OC, they told me for months that I must pay the entire balance and they couldn't accept less...I had never ever heard of that before...but now maybe they will be more willing to take my monthly payments. I'll have to make sure the phone number Cap one listed is them and not JDB...I won't deal with a JDB plain and simple. If Cap one wants some money from me...then I'll be bery happy to pay them. =)

I hope you are doing well. I've been swamped with tax season and basketball stuff...ugh...we are starting softball this week too!!

I am doing ok, thanks. sounds like you will be busy! I just thought of something, didn't you say they(JDB) filed suit? I am wondering if they did. why Cap 1 is getting involved again-if they are filing suit for them?? I am confused, doesn't tak much at my age :lol:

yes...they did file suit..however..according to the court website, they filed a paper on Jan 15th saying that they can't find me...unable to locate.

No, that's what got me interested...so they file suit..can't find me, send me a settlement offer, meanwhile Cap one is sending me a letter saying that because I filed for the account either by phone or internet, they do not have the paper copy of the application. And that any additional requests for documents will not be honored. but it then says Cap One has a valid contract for the amount I owe.

it gives a 1800 number to call for the current payoff amount.
it says at the bottom, this is an attempt to collect a debt...blah blah..but it's all on Cap one letter head...well, looks like a copy on thier letter head, not in color, jsut black and white. I thought their stuff was colored...anyways...just the last three statements from the account.

they sent along a big paper that says consumer aggreement and arbitration agreement.

but now the envelope it was sent it has colors on the logo for Cap one....

umm, okay, did reverse phone lookup...that 1800 number Cap one gives is to the National Atty network....I called it before a long time ago..it goes to LBN from there....

well, that being said...LBN can't find me...so what the heck...

the more I think about this stuff from Cap one...on the letter supposedly from them, with thier letter head thingy...it has my name, address...city..etc

RE: #####
Creditor: Capitol ONe Bank (usa) N.A.

Now, why would Cap one need to tell me who the creditor is if they wrote the letter....am I confused or is something fishy here

I am not sure about that one. Nascar, or someone will be able to guide you there, I think.

If the envelope says Cap 1, I would think it would be from them.

My concern is, that a suit has been filed on Jan 15th, is that right? It is strange that they send you all this stuff in the mail, but calim that they cannot find you to serve suit?!

No, the suit was filed on Nov 13, 2008. They filed a paper in court Jan 15th 2009 saying unable to locate by process server.

Then they sent the Settlement offer (LBN)

and I guess at the same time this packet thing from CAp One. I keep reading through this..and it's a copy...there are little specks on it...you get that from copying too much...and it's very odd that if they sent a letter, that the colored logo is in black and white..you can tell it's a copy.

I saw on the bottom, in the fine print...a little < showing where you insert the company name...I think this is a bs paper

oh, ok. It does sound like a copy. I know that LVNV sent me a copy thing that looked legal, but wasn't. Then they sent an affadavit thing that scared me,until I found out that everyone else had gotten the same letter.

yea....I can tell, I do enough copying of stuff that you can see all the little specks. So, isn't that misrepresentation of Cap one by a debt collector??

oh and btw...Cap one letter says thank you for contacting us about your account. well, when I called them back on NOV 08, they said they had no infromation with my SS number or with any account number...so they couldn't give me any info. they could only refer me to the National Atty network.

Now, someone sends this packet...and says thanks for requesting it....I don't think so!!!!