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Suttell and Associates: How to deal with them?

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Around the first of the year my girlfriend received a letter from Suttell & Associates indicating that they were collecting ~$1000 relating a Capital One credit card. We were unaware of any debt.

- Within 30 days she sent Suttell & Associates a debt validation letter requesting validation of the debt.

- In response they sent her 2 credit card statements indicating a balance due of ~$600 and behind 5 and 6 payments. I did notice on the 2 past due statements that they were being sent to an old apartment number in the same apartment complex (I suspect my girlfriend forgot to update her apartment number when she changed apartments so never received the notices). The past due statements were approx 1 year old. This balance, along with interest led to the ~$1000 owed. This is all the validation they sent. They failed to provide other key information requested, specifically they did not document or show that the statute of limitations had not expired and they did not provide any documentation indicating that she agreed to pay what they say she owed and was obligated to pay the debt. I have no idea what they are required to send but presumably this would the credit card application (at a minimum) an preferably a statement showing the charges that led to the balance and some proof she authorized the charges (she only had a $500 limit on the card). I don't believe it is sufficient for them to just send a past due statement.

- A week later she was "served" with papers indicating a lawsuit would be filed if she did not respond with a "defense" within 20 days.

- We sent Suttell & Associates another letter pointing out they had neglected to provide adequate debt validation, we highlighted the missing items, and again requested adequate validation of the debt. We told them we could not reply with a "defense" in anything but hypothetical terms until they properly validated the debt. We told them we had tried to contact Capital One, but that Capital One told us we needed to contact the collection agency and that the collection agency was required to provide us with all documentation.

- A month later we recieved some documents in the mail from Suttell & Associates indicating a lawsuit had been filed and included a court date, etc.

- Yesterday we recieved another set of documents confirming the court date. Also, what we found interesting was they provided additional documents in the court documents (no mention that this was in response to our request for debt validation) showing an application for a credit card. HOWEVER, this was someone else's application, not my girlfriend's application. I assume they sent this by mistake. It also included this other person's credit card balance and final statement. Also, in the court documents they indicate we had not responsed to their summons. This is a flat out lie as we have a return receipt for both letters that we sent Suttell & Associates requesting validation of the debt so we know they received the letters.

- We called Suttell & Associates and asked why they had not sent us the debt validation we had requested. They forwarded us to the voice mail of someone in their "legal department". We left a message but they have not responded.

What concerns me about this process is that Suttell & Associates appears to be ignoring all of our requests so that they can pad their fees. We are finding this very frustrating as we simply want validation of the debt. We have no idea how a credit card with a $500 limit has ballooned to a balance of $1000+ and growing. If we legally owe it we will pay, but it seems very unreasonable for a debt collector not to sent us any real information to validate the debt. We tried to call capital one to find out what charges led to the $600 past due (that would really help us know if there were fraudulent charges that led to the balance as we thought it was paid off) and they refused to provide any information, telling us that we had to get the information from the collection agency.

A side note, my cousin (my father's sister's son) is actually the CEO of capital one. He is a very busy guy and I have only spoken to him a few times but I am tempted to contact him about this and let him know how ridiculous this process has been and how much time we have wasted trying to figure out what is going on relating to a card with a tiny $500 limit that has ballooned into a balance of $1750 now that Suttell & Associates is padding the bill with all these unreasonable fees now that they have filed suit.

Do you all have any suggestions? I am wondering if we should contact the Washington State Attorney General as Suttell & Associates seems to be in violation of fdcpa.




Ok, so I just got a letter from Suttell & Hammer P.S. (formally known as suttell & associates according to the letter). I'm assuming the name change is because of all the lawsuits against the former.


So the letter I have is Dated Feb 16th. Today is Feb 20th, so it's already 4 days into it (even though it shouldn't take more than 1 or 2 days to get to Vancouver from Bellvue)

Right now it's a just a demand letter to pay a debt from Citibank. It says at the bottom that no lawyers have personally reviewed my file.

It says I have 30 days to dispute it.

So where do I start? With a validation letter? Return receipt right?

Or do I do something with the courts even though it isn't an official summons?

Sub: #61 posted on Sat, 02/20/2010 - 19:37

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I also received one Dated the Feb 17th. I am in Southern Oregon.
Do they have to have a license in Oregon or in the County in Oregon?

They have an "F" rating with the BBB

Sub: #62 posted on Thu, 02/25/2010 - 16:59

Unregistered


They might only have to be registered in your state but no license is required:

Exemption for out-of-state collectors: Contact state authorities. Out-of-state agencies may be exempt if [1] collecting for out-of-state client; [2] the debt was incurred by an Oregonian outside the state; and [3] the state where the collection agency is headquartered has a registration program comparable to Oregon's law.

They are inactive in Oregon from what I have seen, and it has been since 1997. Here is the information from the Oregon corporations division:

http:/ /egov.sos.state.or.us/br/pkg_web_name_srch_inq.login[URL= "http://egov.sos.state. or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=..."][/URL]

Type in the business name and select the sound-alike words in any word order. I would contact the corporations division and then find out who you need to contact, such as the attorney general, to see if they need to register and what you should do if they are not and are contacting you.

If it has only been since the 17th since they first contacted you, you should see in this letter you have 30 days to dispute it, DISPUTE IT!!! You can find a debt validation on here in the do it yourself section or by searching online for "sample debt validation letter"

DO NOT put a cease and desist in the DV letter. It is a big mistake that many people make. If it has it in a sample letter, take it out. Make sure you format the letter to your needs and send it certified mail return receipt requested.

Sub: #63 posted on Thu, 02/25/2010 - 19:54

pokertramp pokertramp

(Posts: 512 | Credits: )

Here's another S & H horror story. Several years ago I was sick and unable to work. Consequently, I was unable to pay my bills beyond basic expenses. I stopped making payments on a Capital One account, which soon grew to 2,100 bucks as a result of penalties. This debt was turned over to Suttell & Hammer (then known as Suttell & Asso.). They sent me a demand letter. Fortunately, by then my financial situation was back on track, so I contacted Suttell and agreed to pay 150 dollars per month. Since this was an automatic payment, I more or less forgot about it until recently, when I tallied up the total and realized that I had more than fulfilled this debt. I called Capital One, and they informed me that my debt was payed in full last June, yet Suttell has continued to withdraw the 150 dollars each month since then. This means I have paid them twelve hundred dollars above and beyond the amount of the original debt, apparently with no end in sight. During this period, I never received a statement or a receipt of payment from Suttell, that is, until December, when they began sending me a receipt for payment. However, there is no indication of the amount outstanding, which is not surprising, considering there is no outstanding balance. What a bunch of greedy sleazeballs! Not sure what to do. Can anybody help me?

Sub: #64 posted on Mon, 03/01/2010 - 16:16

Unregistered


I just got a summons from Suttel & Hammers last night (3-10-11), for a debt with Citibank. The guy who served me the summons did'nt ask me sign anything. It looked like court documents w/o case number.It says in the summons that a lawsuit has been started against me in the Superior Court of the State of Washington in and for the County of Thurston. It also states that I must respond to the complaint by stating my defense in writing, and serve a copy upon the undesigned attorneys for the plaintiff within 20 days. But the summons was dated March 1, 2011. It says that if I don't respond within 20 days, a default judgement may be entered against me without notice. I can also demand the plaintiff file this lawsuit with the court. What should I do? I don't have a job right now I am not even receiving unemployment checks. My wife is currently working. Please give some advice.

Sub: #65 posted on Thu, 03/11/2010 - 14:12

Unregistered


Respond to the summons: They WILL file that in court (even if you respond) then they will file a motion for default (if you don't respond) and a motion for summary judgement (if you do) but at least they will have to notify you. GET A LAWYER.
Show your lawyer the Dunning letter. The one that says: This account has NOT been reviewed by a Lawyer. It shows that they are a collection agency. They do not have a license. GET A LAWYER. Sue them for violation of the FDCPA and RCW 19.16 which will make them pay back every penny they sole from everyone in WA. They may want to settle that out of court ($$$$$$$$) GET A LAWYER and some money.

Turn them into the Attorney General, FTC, OCC, Procecuting attorney in Thurston county and anyone that will listen. But most of all CALL A LAWYER. Many of them will have the consult for free. Show them the Dunning Letter and docs this COLLECTION AGENCY sent you.

Sub: #66 posted on Tue, 03/16/2010 - 19:48

Unregistered


Respond to the summons: They WILL file that in court (even if you respond) then they will file a motion for default (if you don't respond) and a motion for summary judgement (if you do) but at least they will have to notify you. GET A LAWYER.
Show your lawyer the Dunning letter. The one that says: This account has NOT been reviewed by a Lawyer. It shows that they are a collection agency. They do not have a license. GET A LAWYER. Sue them for violation of the FDCPA and RCW 19.16 which will make them pay back every penny they sole from everyone in WA. They may want to settle that out of court ($$$$$$$$) GET A LAWYER and some money.

Turn them into the Attorney General, FTC, OCC, Procecuting attorney in Thurston county and anyone that will listen. But most of all CALL A LAWYER. Many of them will have the consult for free. Show them the Dunning Letter and docs this COLLECTION AGENCY sent you.

Sub: #67 posted on Tue, 03/16/2010 - 20:04

Unregistered


Who knows of a good reliable Washington Attorney that will handle a debt settlement
and has dealt with Suttell and ALL before?


Thanks

Sub: #68 posted on Wed, 03/24/2010 - 15:43

Unregistered


Go to NACA.net and you should be able to find one there.

Sub: #69 posted on Thu, 03/25/2010 - 07:23

pokertramp pokertramp

(Posts: 512 | Credits: )

Quote:
Originally Posted by Anonymous
Ok, so I just got a letter from Suttell & Hammer P.S. (formally known as suttell & associates according to the letter). I'm assuming the name change is because of all the lawsuits against the former.
So the letter I have is Dated Feb 16th. Today is Feb 20th, so it's already 4 days into it (even though it shouldn't take more than 1 or 2 days to get to Vancouver from Bellvue)
Right now it's a just a demand letter to pay a debt from Citibank. It says at the bottom that no lawyers have personally reviewed my file.
It says I have 30 days to dispute it.
So where do I start? With a validation letter? Return receipt right?
Or do I do something with the courts even though it isn't an official summons?


Don't worry they will forge some bills and get an afidavit from someone at CitiCrop Credit services Inc (by contract and under agreement) to swear all kinds of generic things. They have personal knowledge of everything but didn't get the account until 6 months ago.

An attorney will take it for $5k retainer, and $25k after the summary judgement.

No they don't even have a license in WA where they slither.

Try the AG, FTC, OTCC, Bud hibbs, and robert paisola (for $200 he will abuse Issac for you).

In short get a lawyer, get one NOW because even if you don't owe it, it is past SOL, or you want all motions in court summarily deigned.

Best defense: Good offense, Prove they are a collection agency, and they will spend a year in Jail, pay $500, and have to repay anyone they stole money from ever!

Sub: #70 posted on Mon, 04/05/2010 - 15:55

Unregistered


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