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Civil Summons - Lloyd & McDaniel ignored cease & desist

Date: Tue, 01/12/2010 - 14:12

Submitted by anonymous
on Tue, 01/12/2010 - 14:12

Posts: 202330 Credits: [Donate]

Total Replies: 3


This collection agency was sent a cease and desist letter on Jan 7, 2010 (their collection letter was dated 12/8/09 & gave us 30 days to respond). That same day (1/7) this compmany filed with the circut court (and not in our county either, but the neighboring one). This says Chase Bank vs myself but on the second page it says "This letter is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector."

So to me, they have broken a few FDCP laws. This was delivered by County Sheriff (who was out of the wrong county of our residency - not sure if that has anything to do with what court system they file in).

I am also on Active Duty and fall under the SCRA law (since this cc debt was incurred BEFORE I was activated), as such no court matters can be brought upon me while activated.

I have no problem in dealing with Chase in regards to this, but this collection agency I will not. Though I HATE to have to pay them, since Chase is the one who caused the default by changing my interest rate (3%) to over 20% overnight. I was never late or over limit, they just figured I had too much credit balances so they upped the interest rate because they can! That right there is BS!!!

Of course I have 20 days to either hire and attorney or file a written defense from the date it was filed (1/07/10).

Any thoughts?

THANKS!! =o)


Unfortunately, cease and desist violations are only $1,000 and that is the lump sum, IF you decide to sue!

What I would do is put your name on the do not call registry.

Then, I would make the collection agency PROVE that they have rights to the debt. Calls to try to collect a debt are sales solicitation calls, IF they party does not have permissible purpose.

You can get them under the Do not call laws, which are hefty fines, not sure, but at the of my head, I want to say $10,000 PER VIOLATION.

Keep track of all the calls, and hopefully you can get some money out of them.


lrhall41

Submitted by on Tue, 01/12/2010 - 15:10

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BTW - same thing happened to me. Bank of America CAUSED the default, by jacking up the interest rate for no reason, and then, shutting down the line!!

All accounts I had that were shut down, and interest rate jacked, I defaulted on. I do not have the money to pay them, if the line of credit is no longer open. So now I have to stay cash liquid, and not give it these bung holes.


lrhall41

Submitted by on Tue, 01/12/2010 - 15:13

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wow.....

first things first--they filed against you in the wrong county. Your answer should be to move for immeidate dismissal due to improper venue. They cannot sue you in the county next door--and if they had you served at your correct address, then there's no way in the world that they wouldnt have known that they messed that part up.

Next, if chase is the listed plaintiff, then thats who is suing you. Lloyd &McDaniel are most likely only the attorneys that chase retained to represent them. I would check to verify at this time if chase still owns this debt or not.

Third, you sent them a cease and desist--that doesnt mean that they cannot file against you in court. It only means that they cannot continue to contact you trying to collect the debt.

It is important that you find out who the plaintiff is, as compared to who actually owns the debt.
Also, speak to your legal aid dept since youre on active duty. They should be able to help you out with that.


lrhall41

Submitted by skydivr7673 on Tue, 01/12/2010 - 15:34

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