Call from Law Offices of Robert Serian & Assoc
Date: Fri, 06/30/2006 - 15:52
My husband had a credit card back in 1999-2000 w/ Sears. He defaulted on the $500 credit card. So w/o my knowledge, my MIL and my husband got a call from allied interstate for the debt and agreed on a settlement for $75.00 a month for only $500.00. It was supposed to be automatically debited from our account on a monthly basis. It debited one time from our account in Sept. 2005. NOTHING in writing, unfortunately! Well, the next month, it didn't come out of the account so we called and they said they don't have any record of any agreement or PAYMENT and that the whole 800 dollars (that included interest was due). We get a call from LVNV Funding just a few months after that stating that we owe this debt. We sent a debt validation letter (not via certified mail) and we didn't hear anything back until we received a call from the Law Offices of Robert Serian. This time, I totally handled this. I know we made quite a few mistakes in the past and I was trying to correct them. So, I sent a certified mail to the law offices back in January asking them to validate the debt (used one of the letters here). No response from them. We were actually this week going to write a letter to the Credit Bureaus letting them know we had asked for validation and nothing.
So today, we get a message from the law offices of Robert Serian & Assoc. in regards to a debt that is owned by LVNV Funding, LLC. I called them back and let a message stating that I will only talk to them about the letter I sent requesting validation and that's it. One of their guys called me back and said he never had record, and of course, I have proof that I sent it. He even went on to say that there is no way that I'm going to get the debt validation that I need because the creditor shredded it?? What? That was really confusing. Then he starting harrassing me about who I can and not contact. My husband called LVNV Funding earlier in the week regarding the debt and asked them about the validation that we sent to them (he did this w/o me knowing b/c I told him I only want to communicate via writing). The guy at the lawyer place said not to call LVNV Funding since they now have legal counsel. I'm fine w/ that.
Any idea on what my next step should be? Aren't they supposed to BY LAW send me validation of the debt??
Thanks for your help! I really appreciate it.
Oh, and when we looked at the credit report, they are now showing $1300 for the debt, not $500.
You sent the debt validation letter to the law office of Robert
You sent the debt validation letter to the law office of Robert Serian through certified mail. This forces them to give you the necessary info as they are now attempting collections on behalf of LVNV Funding. Besides, you should also send a certified letter to LVNV Funding in case the companies swap collections within themselves. LVNV Funding might try to put you in troubles and you don't have the necessary proof of your debt validation sent to them. Sending the letter at this point is fair enough because the law office is collecting on their behalf. Make sure that you have covered your base from all corners.
Yes, the collection agency attempting collections must validate the debt in writing as per the fdcpa laws. They can't omit this rule before recovering the money from you. Through this process, you will come to know that the company is making a legitimate collection and your money will be going to the right place. Read this page for more information.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
Law Offices of Robert Serian - conduct issues
Be careful in dealing with this firm; their "Legal Assistants" are mean-spirited little thugs who will stop at nothing in their attempts to humiliate and berate people, and feel perfectly justified in doing so.
Keep in mind that courtesy and politeness goes a long way when d
Keep in mind that courtesy and politeness goes a long way when dealing with any business matter. Rudeness begets rudeness. So if someone were to call a creditor, collections office or collections law firm with nothing but a mean and absurd demeanor, chances are, they will receive the same treatment. Further, if ANYONE (creditor, customer, debtor etc etc) retains legal counsel (an attorney or law office) to represent them in ANY matter, it is ILLEGAL to contact that person, persons, or business entity, and any and all correspondence must be directed to the retained counsel.
humiliaters
i agree with "Bob". i just dealt with them (1 whole yr. later) and they are still very mean spirited harrasing and demeaning thugs that love to hear your voice tremble!
If the creditor "shredded it", then they have no case, and if he
If the creditor "shredded it", then they have no case, and if he said they could provide no validation, then they have no authority to attempt collection. If they continue collection efforts, I would sue them, along with LVNV.
Joke
This is all just so funny. You are a debtor and you think you have all these rights. If you really read fdcpa you would realize that none of the info in it really holds up. Just PAY YOUR BILL
I think you can still deal with LVNV, though you should deal wit
I think you can still deal with LVNV, though you should deal with both the lawyer and LVNV. LVNV is using the lawyer at this point as a -collector- big distinction. You only have to deal solely with a lawyer in legal matters. This is not a legal matter, it is a CA collecting for another CA. If for instance it went to court and you got served a summons, then I think you can only deal with the lawyer, but right now they are just acting as a collector. :D
What is up with people going to this website posting on topics t
What is up with people going to this website posting on topics that are several months old with inflammatory remarks. Especially saying something to the effect that a federal law doesn't hold any merit. Might as well say, you know how murder is a felony, well it doesn't apply... Wow, people never cease to impress me.
BTW, "your a joke" you owe me $830,000,000.00 on a defaulted mor
BTW, "your a joke" you owe me $830,000,000.00 on a defaulted mortgage from 4/29/1911. Since fdcpa doesn't hold merit as you stated you get no validation, I say you owe it so you do. Now pay your bill.
PS
It defaulted last month so it's still in SOL.
Regards
JCEMT
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Quote:Originally Posted by AnonymousThis is all just so funny.
Quote:
Originally Posted by Anonymous This is all just so funny. You are a debtor and you think you have all these rights. If you really read fdcpa you would realize that none of the info in it really holds up. Just PAY YOUR BILL |
You sometimes bad things happen to good people and you should not be so judgemental. You do not the the reason for the debt.