Law offices of David Dufek

so a letter came today. it was 1 page and the only information it has it the old creditors name and account number, statement date, amount owed, new creditors name (CACH LLC). I dont see how this is what was asked for in the DV Letter. Any insight here. What should we do next? should I send another letter? if they sue how long does this take, are there steps to stop them from sueing once they file?/??? getting worried
thank you for all your hep

I will tell you if it wasnt for this site and the support system here I would be a nervous wreak all the time. You have no clue how much you have helped me. I would be weak to these JDB. I will keep strong

first GE sold it as they would try to work with you once you told them about this law offices transgressions.if this place can't validate you don't pay squat.this is a bottomfeeder that again the late BUDD HIBBS had a section on so until they can,or do validate you wait and don't even talk to them.you sent a DV,and they gave you nothing why settle when if you pay there is no guarantee the money will go toward the debt.that is what validation is about.do not even think of goving this place anything until they validate.

that wasn't validation.that was a paper anybody could have typed up.let me outline what to do if they file suit(which they won't)first you are served according to your county's rules for service.then you file an answer stating you asked for validation.the letter and receipt is your proof of that,and you intened to demand validation as part of the discovery phase.now since i doubt this JDB bottomfeeder won't sue because they have nothing and most likely can't validate.you have two choices here.


1)resend the DV with an addition stating that was hardly validation
2)send a c&d letter

send either cmrrr as you did before.again i really,really,really doubt this bottomfeeder will sueso don't worry.

letter is out, now its just the waiting. Nervous about this one. worried they will go straight to court. sure hope not

Thank you I will get on the letter asap. Certified return receipt. I want to settle this im tired of it but sure dont have $1,800 on hand. i will keep everyone posted of what happens since i wasnt able to find much information out there about them.

letter is out, now its just the waiting. Nervous about this one. worried they will go straight to court. sure hope not

Did you call GE first to verify placement?? Sending a DV can backfire on you on accounts that have been assigned, causing you to be sued quicker. (Stevebarris obviously does not understand collection practices and I am getting very tired of correcting his lousy advice.)

If you DV, they will request information from GE. Sometimes the information takes time, other times proof can be sent to you in a matter of days. Once they have sent you the proof, they are free to start suing you, particularly if you have shown yourself to be a difficult debtor. So call GE first.

The collectors look somewhat legit this time around. Your best bet is to hit them with a DV request by CMRRR. Unless they revert with proper validation, they cannot continue with collection activities. If they make an attempt, it would be in violation of the FDCPA. Keep the call(s) recorded and get a NACA attorney.

Here is the address:
2655 Camino Del Rio N #110,
San Diego, CA 92108
Phone: (619) 299-1709
Fax: (619) 299-195

that means it was sold to one of their franchises.get that DV letter out asap.

You are welcome. This is what we are here for. Keep up the good work.

I know the letter was so generic it looked like a kid could have done it. They are in the same state as me so i worry of being sued, but also feel they are being shady and probably dont want to show up in court and show the courts what they provided. Is there a sample of a 2nd request validation letter someone can provide me with? I want to make sure i get it right. Thank you

just send your original DV with an addition either to start or close like this.

i want validation.a piece of paper i could have typed is not validation.

something like that.just know if they try to sue now you can countersue with a contingency lawyer as continued collection activity after a proper DV was sent and the debt wasn't validated i an FDCPA violaion,and a sueable offense by them.resend the letter with that addition cmrrr.

you want validation.verification is so easy.all they would do is send a letter verifying you owe,but validation is more substantial and difficult to obtain.

Ok, Thank you for all your help I will keep everyone posted. I have noticed CACH , LLC. has been coming up alot here in others post. Looks like a trend for them. The debt is really from GE money but it shows CACH as the Creditor

the DV letter, we are talking about Validation, correct? Not verification. and when would I send a Cease and Decease letter?

They can't take it straight to court without sending you some kind of DV

Yup to what Paul said. No validation by the JDB, no money to them.

just did some more looking and there is more to it. I called GE back in Aug. they said they sold it to John C. Bonewicz (CACH, LLC.) Iback in Aug. I sent them a DV, never heard back from anyone till now. same type of letter that i have now. Not sure if this changes things. I need help in what to do now.

Sorry Soaplady, It is my issue that has been posting. computer wouldnt let me login.

If I send a DV letter, and they do provide the proper paperwork. How much time do the usually give you to pay it off?

since the google search didn't bring up any instances of them validating as they are a JDB lawoffice bottomfeeder.also they yell at you to pay all at ounce.no payments no reductions.in fact BUDD HIBBS had a section on this "law office"in short worry about that if it happens as it might be a BIIIIIG if.just get the DV out today.

Oh I forgot to ask, should I submit the DV asap, I do have 30 days, the more time i have the more i can work with on payments if they are legit.

GE wont handle it anymore, back in aug, John Bonewicz sent a letter and called (very rude), so i sent them a DV and never heard from them again. now i have a letter from David Dufek, the letter says the creditor is CACH, LLC. any advise would be great, i know i have to pay this and right now i am trying to see how much i could have by next month. but need to buy time

Great, thank you so much for all your help. I have been researching the legal system here in my county and i will most defintly be responding if they sue. Letter will go out today.

i tried posting yesterday,but somehow i couldn't.i googled david dufek and got a bunch of 800notes complaining of illegal threats.since the debt has been sold,and to a CACH franchisee i would get the DV letter out ASAP.if john bonewicz couldn't validate(thus the reason for passing it on) then neither will this joker be able to.

I havent heard anything yet. my nervous are crazy over this one. im trying save as much as i can so i can pay what i can hopefully get it done with. seems this firm doesnt have alot of information online. that makes me nervous too

I hope they dont try too. It seems like you can never catch up anymore.

A question while I wait for them to respond to my 2nd DV. I know this debt is our with GE who told me they no longer have it. So if I want to try to settle the debt, how should I procced? Do I just wait to hear from them? Any advise would be great, i really want this to go away. Dont want to go to court over it. The original amount is $1800, i heard to start with an offer of 25%-30% of the amount. I dont want to piss them off. My mind just doesnt stop thinking the worse here. I hate the unknown

recieved the confirmation that they received my 2nd DV letter.so now its wait and see what they plan to do. I have some questions. If they decide to fill suit instead of sending proof that I am to pay them, can they serve the papers at my place of work? and in my response do I note that they have not provided enough validation that they have the right to collect?

Did you ask specifically for proof of the debt like the card holder agreement? If they do attempt to sue you you can counter sue for FDCPA violations.

Yes this is what I detailed in the letter:

Please send me copies of all paperwork regarding these accounts, including:

-Copy of the original signed applications.
-All billing and account statements.
-The complete transaction and payment history of both account (payments/charge slips)
-Any and all receipts with signature.
-Copies of all payments including checks, money orders, and/or online transactions.
-Any other documents associated with the account and which validate the debt.

No...that is not what I said. You should provide you with the card holder agreement with your signature if it exists (so many people apply online and esign) and/or at least some statements. You are not going to get ALL of them..,that is unreasonable, Statements are transaction histories so you are asking for the same thing. Your payments appear on your statements...they do not have to provide a copy of individual checks considering they do not retain them. As for receipts....most businesses use the pad you sign with a stylus...actual these can work AGAINST you since every time you sign you agree to pay. They should be able to provide something...if not, they loose the case.

So here is what I got as a response to my 2nd request. the same thing they sent me the first time. nothing new. I need some advise on what to do next, because I dont feel this is enough for me to pay them with. and am i correct that this isnt enough to go to court on?

I am not opening an attachment...sorry...

-Copy of the original signed applications THIS YOU CAN REQUEST
-All billing and account statements. YOU MIGHT GET SOME BUT NOT ALL
-The complete transaction and payment history of both account (payments/charge slips)
THEY DO NOT HAVE TO PROVIDE THIS..YOU CAN GET THIS YOURSELF FROM THE CREDITOR,,,
-Any and all receipts with signature. THEY DO NOT HAVE TO PROVIDE THIS...IN THIS TECHNOLOGY AGE, MOST SIGNATURES ARE DONE ON A PAD ELECTRONICALLY
-Copies of all payments including checks, money orders, and/or online transactions. THEY DO NOT HAVE TO PROVIDE THIS
-Any other documents associated with the account and which validate the debt. LIKE???

Ok, with what you are saying, a one page print out just showing old creditor, new creditor, amount owed and... is enough. I am just wanting to know if i need to send a settlement offer to them or just wait to see if I get served? sorry for my ignorance here.

thank you

I think i will just mail them a settlement office of 25% of the debt, maybe luck will be on my side and they will accept. if not and they take me to court i can show the judge they didnt give me much to prove the validation.

they provided nothing as far as validation and you are just gonna pay?do not give them anything as far as a settlement offer.they would be forced to provide validation anyway.the offer they can try to use against you.geez since you think they might sue(which i don't)do not offer a thing as without proof they would lose.

Paulmergel: So what do I do at this point, set and wait or do I send another letter stating the 1 page print out (that I can do from home) isnt enough? your advise is greatly appreciated here. Soaplady , do you agree here?

just got served today, really nervous. any direction please

answer the summons that you sent a DV letter,and got no real validation.therefore you will demand validation during the discovery phase.again they provided nothing and in fact suing in response to A DV is an FDCPA violation.i would answer the summons then go to WWW.NACA.NET and find an FDCPA contingency lawyer and countersue.

thank you, and yes i will follow up on the possible FDCPA violation. I do want to confirm that my 30days to respond is from the date of being servied. the summons was filed on May13th and i was served May 29th. I want to make an apt to go see the court legal services and want to know my time line. thank you for all everyone has done here. this company takes the cake. I never refused to pay. and they put that in the complaint. in my last letter to them I put I am not refusing to pay the debt, but want to validate that they are truely the owner of the debt. what a joke.

don't know.i PM'D soaplady and asked her to offer her insight,but i wouldn't put it past them to delay the service so you don't have as much time to respond,but let's see what soaplady has to say.

I called the courts and the lady there said it's 30 days from the date of service. which was May 29th. But I still would love Soaplady's input.

i want to hear her take as well

Legal services or legal aid probably wont help you. Their time and resources are too far stretched to be taking on civil cases like this. You should be hiring a consumer attorney from NACA like suggested above. Call and talk with one...if there is a good case for a violation, the CA pays the attorney fees.

It is 30 days from the date of service.

Thank you soaplady, I didnt sleep at all last night. I am going to call for an consultation next week. I not once deny the debt, i just dont want to be scammed and they didnt attempt to work with me and give me anytthing other a 1 page letter that anyone can print at home.

Well spoke with an Attorney, i was shocked at how resonable the cost is for someone to handle these types of issues. I do have one questions "What is considered a first contact when it comes to a collection agency having to send a letter within 5 days"? if they call and never leave a message, does that count? just curious

Contact is considered actually speaking with you. Leaving a message is not considered a contact.

This office is a legitimate legal collections office. It is a part of a legal collection franchise. They are based in one state and then franchise into other states. The reason it is important to respond is just because you may receive a call from an office in California and you live in another state because it is a franchise that means that while this law office is attempting the collection of the debt if you do not respond or ignore the attempts at contacting you the debts are legitimate. They were sold as portfolios which is legal from the original creditor to the franchise. They can then continue with collection activity. Just because it is an unsecured debt does not mean ignore it. They can collect on it. They do have to follow FDCPA, they only have to send you Verification of Debt which has the amount owed at the time of charge off and current account number with the agency collecting it. If you request they will send who the creditor was and the original account number and the dollar amount at the time it was charged off. They can continue to accrue interest at the new agency. If you ignore the issue the reason they have franchise offices is so that if they have tried several attempts at contacting you and attempting to settle your debt which you can do by ignoring the calls or letters they assume it is legitimate and then transfer the attempts to one of the franchise attorney offices that are licensed in your state to pursue the legal action of the debt. It does go much faster once the debt is in the state that the legal office is in. Please do not ignore the notices just because they come from an agency that now owns the debt or is pursuing the debt on behalf of the new note owner. Its like you purchasing a home or a car selling it but because you haven't been paid for it unitl they pay you in full it is still a legitimate debt you in turn can sell it to your uncle or someone else and they become the noteholder until it is paid.