Debtconsolidationcare.com - the USA consumer forum

Letter from Attorney

Date: Wed, 12/14/2005 - 20:25

Submitted by anonymous
on Wed, 12/14/2005 - 20:25

Posts: 202330 Credits: [Donate]

Total Replies: 14


I received a letter from a lawyer Arthur S Corrales, ESQ in FL. and I live in the Midwest. It is about a bill from T-Mobile over a cell phone I purchase about 3 yrs ago which I sent back because it was to big. Here is what the letter states:

We represent T-Mobile in connection with a debt collection matter. Please be advised that the above stated account has been directed to our law firm for collection. Contact office xxxxx to resolve this matter. We trust and respectfully request that you will take the necessary steps to bring this account to a conclusion. Please make you check or money order payable to T-Mobile and mail it the above post office box or contact this office for payment arrangements. I have personally reviewed your account with T-Mobile and have additionally personally reviewed this correspondence prior to it being sent to you and based on my review, believe that subject debt to be valid and outstanding. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, we will assume this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will obrain verification of the debt or obtain a copy of a judgement or verification and we will mail such verification to you. If you request this office in writing 30 days after receiving this notice, this office will give you the name and address of the original creditor, if different form the current creditor.
PLEASE GOVERN YOURSELF ACCORDINGLY,
SIGNED ATTORNEY.

Why didn't they give me all the info in the letter as to the account info because they say I owe $634.70? Should I be worried or are they trying to scare me into paying this even though I do not have the phone? Any help please


charles, they are not required to give you that info. regardless if you still have the phone or not, it sounds like t-mobile has a valid debt for you and you need to contact the attorney asap to make payment.

in the letter they state the debt has already been validated, so no need to waste your time sending a debt validation letter via certified mail. it won't help you.


lrhall41

Submitted by CollectorMatt on Wed, 12/14/2005 - 20:33

( Posts: 95 | Credits: )


Hi, if you guys don't mind, please allow me to jump in here.

Quote:

Would a lawyer come 2000 miles to sue me over a small amount


To answer your question Charles...YES they would. They might not physically come 2000 miles themselves, but they'll have someone closer come in and do it.

I got carted off to court last month by a lawyer over $697.00 and I was PAYING and had been paying for several months. The original creditor was cashing my checks every month---I thought we had an agreement because I had stated that upon cashing checks meant we had an agreement. Lawyer got involved--instead of sending me something in the mail certified saying that they wanted more money every month and wanted me to start sending it to their office, I got woke up on a saturday morning by a sheriff with a court summons. And the only way to have gotten out of it at that point, was to pay it in full to the lawyer before the court date.

I used to think like that too, that anything that small wouldn't be worth their time and money to take you to court. think again. It happened to me.
You'd better get with this lawyer and talk before it ends up biting you and trust me, it will.
hope I have helped somehow. shirley


lrhall41

Submitted by imkimssister on Thu, 12/15/2005 - 00:23

( Posts: 1301 | Credits: )


Matt,

A collection agency just can't word their letters the way they want and prove the debt validation process being complete. The CA that contacted Charles has not given slightest information about the breakup of account and just mentioned the total amount. Is it all that debt validation actually means? Is the consumer not required to get the account details and the calculation of interests? Doesn't he need to know if the debt is within the SOL period or that the agency is licensed to collect the debt within the state? This way, if I represent a collection agency, I can go to anyone with a letter stating that x owes $50,000 (or any other fictitious amount) and claim that the debt is validated. No hard proof, nothing..

Quote:

If you notify this office in writing within thirty (30) days from receiving this notice, this office will obrain verification of the debt or obtain a copy of a judgement or verification and we will mail such verification to you.


Contradicting to your point, this company has still given room to dispute the debt. A debt validation letter can still be sent at this point.

Charles, know your rights and do what you think is correct. Contact your original creditors if you don't get info from the CA. Once you have reviewed your debt, make payment arrangements so that your credit report takes a better shape.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 12/15/2005 - 11:47

( Posts: 4009 | Credits: )


I never made a payment because I had 30 days to change my mine if I did not like the phone. I returned it back 2 days after receiving it because it was to big. They told me to send it back in the package it came in and put the label that was included in the package on the outside which I did. Now after almost 3 years they wanting money for a phone I do not have.


lrhall41

Submitted by on Fri, 12/16/2005 - 16:53

( Posts: | Credits: )


Right, I now have this cleared up. So, when you ask them to validate it, they won't be able to give you any info as they don't have it. And, you also have a reason to defend if the matter goes to the court.

I will suggest you to have this statement in writing from your creditors. It may be hard to get but you can give a try.


lrhall41

Submitted by roxette on Fri, 12/16/2005 - 17:01

( Posts: 4009 | Credits: )


Quote:

A collection agency just can't word their letters the way they want and prove the debt validation process being complete. The CA that contacted Charles has not given slightest information about the breakup of account and just mentioned the total amount. Is it all that debt validation actually means?


yes, actually that is what a 'debt validation' means in collections. did you not read my debt validation post?????????????????????????

Quote:
Is the consumer not required to get the account details and the calculation of interests?


yes, that is why i have always suggested asking the original creditor in regards to that info. and if that doesn't resolve it, THE DEBTOR NEEDS TO SEND IN A DISPUTE LETTER!!! NOT A VALIDATION LETTER!!!

Quote:

Contradicting to your point, this company has still given room to dispute the debt. A debt validation letter can still be sent at this point.


not contradicting. you (and others) aren't catching on to the different wording we collectors use.

Quote:
Charles, know your rights and do what you think is correct. Contact your original creditors if you don't get info from the CA. Once you have reviewed your debt, make payment arrangements so that your credit report takes a better shape.


there ya go!!!


lrhall41

Submitted by CollectorMatt on Sun, 12/18/2005 - 16:24

( Posts: 95 | Credits: )


If there was a 30 day return policy and charles returned the phone within that time and if he can prove that he indeed returned the phone then i dont think that there should be any reason for charles to pay any amount to anyone, i think if charles disputes the claim then if things go well charles wont be required to pay any amount at all and

i was wondering if charles can claim compensation from the attorney or T-mobile for the harrassement that he faced.

Or maybe there was a fine print in the orginal phone return policy that some small amount will be billed even in case of a return, and that amount has now become a big amount with interest and late charges.


my 2 cents,
vincent


lrhall41

Submitted by vincentkallis on Sun, 12/18/2005 - 23:45

( Posts: 12 | Credits: )


Quote:

Or maybe there was a fine print in the orginal phone return policy that some small amount will be billed even in case of a return, and that amount has now become a big amount with interest and late charges.


Charles, read the agreement that took place with T-Mobile and see if this point is mentioned. If it exists, it should be clearly stated otherwise it is obvious that you don't have to pay the charges added to the account. Have you taken some legal counsel in this matter?


lrhall41

Submitted by roxette on Mon, 12/19/2005 - 13:07

( Posts: 4009 | Credits: )