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debt buyer deceptive letter

Date: Fri, 02/11/2011 - 07:06

Submitted by ams1963
on Fri, 02/11/2011 - 07:06

Posts: Credits: [Donate]

Total Replies: 2


Hi all, I'm new to the group and have a situation that I hope I can get some advice on. I had an unsecured loc with HFC that following some issues wound up in default and eventually charged off. Although already charged off, I was working with HFC to pay an agreed upon settlement and ran out of time(I am disabled and unemployed following a serious accident). I had a balance of $1,500 left on settlement. I recently received a letter from HFC dated 1/26/11 stating that my account had been "sold, transferred and assigned" to S&P Asset LLC. I then received a letter from Stellar Recovery(same address as S&P) dated 1/27/11, stating that they had been "retained" by above mentioned creditor(HFC) to "present this claim on their behalf " the letter went on to offer a "settlement" of $4,800. Does this constitute deception on Stellar's part? HFC's letter clearly stated that they had sold my account to S&P and to make all payments and direct all correspondence to S&P on 1/26, but Stellar's letter on 1/27 stated clearly that they were "retained" by HFC to present a claim on "their behalf". Can I sue Stellar/S&P for this deception? The letter is obviously a form letter that does not apply to this situation, but can they be held accountable for this inaccuracy/deceit? I am prepared to pay my balance of $1,500, however, I will pin these bloodsuckers to the wall if they have stepped out of line. Despite my situaton, this is my ONLY delinquent account. I have drafted a validation letter and am well within the 30 day window to send. Any input on how to proceed would be greatly appreciated. Thanks!


Send the DV letter by certified/return receipt mail immediately. Many times, you will never hear from the debt buyer again after that because no debt buyer has a legitimate way to validate a debt sold to them. If they sue you for the $4800, a decent consumer attorney can be hired for around $1000. Lawsuits by debt buyers cannot be won in court. Anyone who has lost against one probably tried to defend the case without an attorney and screwed up. A competent consumer attorney will find a way to have to case dismissed. The consumer attorney can also help you sue the debt buyer if they have violated any of the FDCPA while dealing with you.


lrhall41

Submitted by anonymous on Fri, 02/11/2011 - 10:53

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