[lindy48]

Okay I will re-answer him, however he has only given me until June 30th to respond - 7 days. I guess I will have to air it back to him.
Thanks.

[ScottGem]

As long as you can show it was postmarked in time, don't go to the extra expense.

[lindy48]

I responded to the lawyers request again and I now received a one page letter from him telling me that a credit card is a written contract (therefore in ga the SOL is 6 years) and that his office has provided me with proper validation (statement of account - affivadit). Then he says "Plaintiff has stated in its responses to Defendant, Plaintiff's counsel will forward such documentation that Plaintiff has upon receipt of such documents from Plaintiff". What does that mean? Then he says "Please contact this office if you would like to discuss settlement".

[TheCleaner]

No, it is not a contract, and an statement and affidavit is not validation, they still need to show that contract signed by you they are talking about and proof of purchase, just write them back and tell them also that you are going to file suit against them for FDCPA violations and intent of fraud, see'm in court. Take a look to this Board Message That affidavit is signed by the original ceditor or somebody from the law firm? --------------------------------------------------------------------------------------------------------- GA SOL Quoting § 9-3-25. Open accounts; breach of certain contracts; implied promise; exception


All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

[TheCleaner]

Sorry for the editing mess above, my <enter> key and half of the eyboard don't work anymore after I droped a cup of coffy this morning over my laptop, I needa new one

[lindy48]

I understand, sorry I too have a few computer problems. It (the affidavit) was signed by a representative of the debt collection company. I just think it is weird that he only responded with a one page letter and again, ask me to contact him for a settlement offer. I just wonder what his next move will be. I think because I told him in my last letter that I would sue him for threatening and harassing me anymore. However, if he does actually file a suit with the courts, do you think I have a chance of winning based on his "verification of debt" instead of actually "debt validation".

[TheCleaner]

So... They didn't file suit?? You did not get summons to apear in court? Then I got it all wrong, if nobody had file in court yet what you need to do ASAP is going to the BBB website and file a complaint against LVNV, do not recognize the debt as yours, put it like tey are running a scam on you so they will have to validate, also it will help if you tell LVNV loud and clear that unless they provide all papers including the purchase agreement to prove that they own the account and you can pay them there will be no money for them, and that's final. Also you should file the same complaint with the Attorney General of your state and with the Attorney General of the state where LVNV is located, also go to the FTC website and file with them another complaint, also you can go to www.ripoff.com and write a letter in there explaining what they are doing, then let them know what you have done telling them that it is your last attempt to get rid of them without filing lawsuit, next you'll hire a NACA attorney and going to sue their . They are playing you, as soon as they start receiving official papers they'll leave you along. I'm going to look for some good info about LVNV I'll post in a few minutes. If you give me your email address I'll send you the docs from my last fight with LVNV, it happened two months ago and I think that they still running.

[TheCleaner]

Check this out... If you have LVNV on your CR - READ THIS!!! - The Credit Info Center Forums And Bud Hibbs Helps America Hold Debt Collectors to the Law! And Finally LVNV pays me, thanks to my NACA attorney - The Credit Info Center Forums

[lindy48]

They have me baffled too. I don't understand why they didn't file a suit, all they (their lawyer) has done is send a copy of what he sends me to the clerk of my county. I think they are just trying to see if I will back down and pay them.
Thanks for your advice I am going to do these things you suggested asap. Should I send another letter to this attorney in response to his latest reply.

[Curlyben]

While I'm not up to speed with US credit law I am well versed in how debt collectors operate, especially in the UK.

I agree with The Cleaner, if this "lawyer" has failed to validate the debt then a strongly worded letter telling them in no uncertain terms to back off or take me to court would be in order.

Get your reports filed with BBB as well, let them know you mean business.

Here's part of one I use for UK collectors, might prove useful:

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

[lindy48]

Thanks for the advice. My gut feeling just tells me they do not have any concrete papers to back up their threats and were trying to see what I had, but on the other hand I am not sure. The very first thing they sent me was a summons of compliant that they did file with the court and I responded to that and then the lawyer started sending the other correspondence including the discovery documents and interragotories, however he mailed copy to the court he did not file it with the court. If it were a suit, wouldn't he have to file it with the court?

[TheCleaner]

Hi, I think you better call the clerk and figure out what exactly is going on, and yes you bet they don't have the papers, I never heard of LVNV validating a debt, is not the way they do business they just use intimidation and consumer's ignorance to make money.

Carl.-