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Legal Mediation Practice DV question

Date: Thu, 09/25/2008 - 11:55

Submitted by momof1_1990
on Thu, 09/25/2008 - 11:55

Posts: 96 Credits: [Donate]

Total Replies: 5


So, LMP keeps calling me, I am pretty sure it is about a payday loan that I overpaid. I have not spoken with them on the telephone, so am not completely sure which overpaid payday loan it is. I do not have anything in writing from them, should I send them any sort or DV letter or Cease and desist letter? the phone calls are getting worse and now they are leaving me message at work about things they might be filing in my city. I know this is just a scare tactic. What should I do? Any suggestions?


send both DV and LIMITED C&D letters.send them certified mail return receipt.that should stop this bottomfeeder in there tracks.if not you can take action for fdcpa violations.floridaron got an out of court settlement with these clowns.


lrhall41

Submitted by paulmergel on Thu, 09/25/2008 - 11:59

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By law, they are supposed to send you written notification of this debt, along with the statement regarding your right to dispute, within the first 5 days of the initial contact with you. I'm willing to bet my left arm you have never, and probably will never, receive this.

Definitely, send them a debt validation Letter/Limited Cease and Desist letter. You can fax them a copy as well as sending it certified mail/return receipt requested. Once they receive this letter, they are required by law to suspend collection activity until they validate the debt. I'll bet my right arm they probably won't.

When they continue to call you, after you send the DV letter, that is a violation of the fdcpa and you can sue them. You could probably also sue them for leaving the messages about filing things in your city, as they are using that as a threat and scare tactic. Also illegal under the FDCPA. I would make recordings of those if you possibly can.

I would also record any and all phone calls you might have with the good folks down at Il-Legal Mediation Mal-Practice, as I'm willing to bet both my legs you could get even more FDCPA violations from them on tape. Be sure to check if your state is a one party or tow party state when it comes to recording phone calls.

I would definitely recommend getting that DV/C&D letter in their hands STAT. If they have already started leaving messages at your job, they will more than likely start calling other people at your job telling them about your personal business. Another FDCPA violation. And you really don't need that hassle at work.

If they continue violating the FDCPA, then I would recommend suing them. I did. That will probably be the only way you can get their attention while letting them know you mean business.

I would also suggest filing complaints with the FTC, your state's Attorney General's office, and the the Florida Attorney General's office. Florida already has some complaints logged against them; however, I'm sure they would need to get a certain amount before they make a move on them.

I could have probably gone on betting other body parts against the fact that Il-Legal Mediation Mal-Practice will continue violating the FDCPA until I had enough to make a whole other me, because all their chicanery is so predictable, But I don't think the world is ready for two of me.


lrhall41

Submitted by FloridaRon on Thu, 09/25/2008 - 12:33

( Posts: 1190 | Credits: )


And when you say resident expert, you got it absolutely right; I've driven by their office a number of times. They're on one of the major streets here in Jacksonville. I've seen some of the "people" that work their, outside on their smoke breaks too.

Scary.

I wonder if the E-mail you posted still works, NascarDevil? I bet he was probably flooded with hate E-mails.

If I haven't received any written correspondence from the CA, then I usually list my full name and phone number in the reference field. I also note in the body of the letter the date I received the first phone call and the fact I haven't received any written correspondence from them (if that's the case by the time I send the letter.) Worded like: " this is in response to the phone call I received from your office on 9-11-2008, to this date I have received nothing in writing from your office regarding the details of this alleged debt." Something to that effect.

If I'm imposing a limited C&D I just say: "I want no communication from your office with me, or any other third party, regarding this debt by phone. You are only to contact me directly by USPS mail. If I find it necessary for you to communicate with a third party regarding this debt (as in attorney) I will furnish you with written permission" Something like that.

I also note anything pertinent in the letter like how many phone calls I have received, the tones of the calls, any threats of arrest (etc.) they made. I just want to document from the get-go what I have already experienced with whatever CA I'm dealing with, so it's all right there in black and white if I ever feel the need to sue them for fdcpa violations.

NascarDevil has advised that some CA's will take a limited C&D as a full C&D and this might prompt the CA to turn around and sue. I personally have not encountered this, but you might want to take that into consideration.

Personally, I would be absolutely astounded if LMP ever sued anyone, as they horribly violate the law and would probably be laughed out of court.


lrhall41

Submitted by FloridaRon on Thu, 09/25/2008 - 16:25

( Posts: 1190 | Credits: )