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Credit Card, Attorney sent letter, Please help me! Thnks

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djohnson

Senior Member
When I talk to my 2 year old great neice I talk baby talk. I don't use it on here even though it is accepted practice then. Part of being an educated adult, is knowing what is appropriate when. This is not a text message. :rolleyes:
 


lol

djohnson said:
When I talk to my 2 year old great neice I talk baby talk. I don't use it on here even though it is accepted practice then. Part of being an educated adult, is knowing what is appropriate when. This is not a text message. :rolleyes:

You are not comparing Brits to 2 year old babies are you? :) it is slightly different situations wouldn't you agree?

On a joking note, recent tantrums by His Royal Highness Prince Henry do make one wonder if he is 2 year old indeed.... :p
 
fair comment but....

JETX said:
And yet ANOTHER reason why we limit involvement to US only!!

JETX, it is a fair comment, but I am not here because of some masochist pleasure of browsing through US bankruptcy sites from the UK. My debts are in the US, and as a result of my rather peculiar situation (owing in US, living in UK) noone in legal profession (on both sides of the pond) seems to be able to give me a coherent advice. Therefore I have to research (and act) on my own. And if I make a mistake it is not because someone is "stupid" but simply because my situation is largely unchartered waters.

thanks
 

JETX

Senior Member
vgmhilliard said:
JETX, it is a fair comment, but I am not here because of some masochist pleasure of browsing through US bankruptcy sites from the UK. My debts are in the US, and as a result of my rather peculiar situation (owing in US, living in UK) noone in legal profession (on both sides of the pond) seems to be able to give me a coherent advice. Therefore I have to research (and act) on my own. And if I make a mistake it is not because someone is "stupid" but simply because my situation is largely unchartered waters.
I have no problem with you making a PROPER post on the forum asking questions about YOUR debt concerns. After all, that is what this forum is for. The problem arises when you try to give 'advice' to others.... when you have no legal knowledge of the subject..... and your post is full of errors.

Summary:
Limit to YOUR questions, no problem. Make posts to others that are NOT accurate, problem.
Pretty simple, huh??
 
quick explanation

I think I qwe everyone looking at this thread, and the person who posted here originally especially, an explanation of what I wrote.

What I said WAS in fact exactly what I did in conversations with the collection agencies. I was called an "idiot" for doing what I did, and on the 2nd thought, I would NOT advise the same course of action to people in similar situations who are working and/or in possession of assets in the USA.

I DO realise that my situation is rather peculiar. I owe money in the US, but I moved to the UK a long time ago, my family joined me here recently, I have NO assets in the US NOR do I have a paycheque in the US that my American creditors can pounce upon so to speak.

I know that AND my creditors and collection agencies know rhat. I DO understand that in my circumstances I can perhaps be bolder speaking to them. ESSENTIALLY they know they cannot get a penny out of me.

I am in the process of becoming a British subjest to the Crown, most probably I will be giving the oath to HM The Queen some time in 2005. When that happens, I will most probably give up my US citizenship - just to avoid US global taxation (the way it stands at the moment I am paying both UK and US taxes). My creditors do understand that the money I owe them is by all chances just GONE....

Someone in my situation back in the USA is perhaps not so fortunate. S/he may have assets she has to worry about and a paycheque that her/his creditors can bite in after getting a judgement. THEREFORE PLEASE take my account of action I have taken cautiously.

having said that, I DO believe that people in my situation would be better off knowing what other people (like myself) did.

PS: JETX - mate PLEASE be careful using the word "wanker" when talking to people from UK or Ireland. I know you are just translating our "jerk" from American into English (I made the same mistake when I 1st came to the UK) but trust me it is a completely different word altogether. C'mon mate - you were a Green Beret, you must have been round British paras and/or Desert Rats on your missions - you must know that :)
 

JETX

Senior Member
vgmhilliard said:
PS: JETX - mate PLEASE be careful using the word "wanker" when talking to people from UK or Ireland. I know you are just translating our "jerk" from American into English (I made the same mistake when I 1st came to the UK) but trust me it is a completely different word altogether. C'mon mate - you were a Green Beret, you must have been round British paras and/or Desert Rats on your missions - you must know that :)
I know exactly what 'wanker' means over there. And yes, I travel to the UK fairly often.... and have lots of friends there. In fact, some of my closest friends own a B&B near Sloanes Square and I stay there on my way to one of my homes in Scotland.... or my other favorite city, Amsterdam.
 
small world

JETX said:
.....near Sloanes Square and I stay there on my way to one of my homes in Scotland.... or my other favorite city, Amsterdam.

funny - it is a small world indeed..... I live on King's Road, a short walk from Sloane Square....

I agree Amsterdam is phat.... not as vibrant as London in my opinion, but always a good weekend break.

home in Scotland? You are not one of Madonna's mateys, are you? :)
 
history alive

JETX said:
Nope. I have a small place outside of the ORIGINAL capital of Scotland, Dunfermline. Land of Malcolm and Claymore!!

I know what u mean.... U must be re-living history when u walk round.... From failed attempts by Charles I to get the Scots to fight against the Parlament in 1647 to famous uprisals of 1715 and most notably 1745.... How close the Scots were in 1745 to kick English b*tts...... The world would have been a different place now if they captured London then.....
 

Advice Needed

Junior Member
HH Bank-Lawyer

Reading the post about getting a letter from an attorney about a Household bank credit card was a shocker! I did not get a letter (yet) but I have received 3 calls thus far from an alleged attorneys office (not sure if I can post the name of that or not). When you call the number after hours if seems a little shady, but it does say the name of the alleged law firm on the voicemail. This account went deliquent after a series of events that obviously did not go in my favor :rolleyes: . I get a call from a Jose 2-weeks ago, he left a message and stated it was a legal matter he wanted to help me resolve and to call and reference such and such case #. Ok, I bite and call. I ask for Jose and hmmm, he is not available but the woman that answered the phone could help me. Ok so she tells me that it was about the HH bank card and I owe...yup 1400.00! That if I did not pay it, they were going to pursue this as fraud because I bought stuff on that card with no intent to pay. What the heck? I made payments on that card. I told her I need some documentation as to the validity of this account and needed an address for thier office as well. She said no, I need to give her a post dated check and they could settle for 800.00 if I do that. I declined, I need documentation from them about this debt. I was not giving any check information to them. She called me 2 days later, on my WORK cell phone (no idea how she got that) asking when I was going to pay because she needed to tell the attorney if he should pursue sueing me. I advised her this was a work phone and she need to not call it again, and send me information in the mail. I received nothing!! I got a call yesterday and he left a message stating he was from the same attorney office and was n investigator and I needed to call him back immediately because they were going to pursue leagl action against me in a Florida Court. I did not call him back.
What now? Can they garnish my wages even if they do pursue legal? Can they even pursue legal against me without mailing me anything about this debt? For all I know this is a state prisoner calling me :)
I forgot to add that I told the orignal woman I spoke to that I do not have a problem making a payment or possibly paying this debt off by the end of the month, but would not give them a post dated check or anything else until they send me documents stating first they accept the settlement agreement and 2nd that they are a valid agency/firm. I judt do not want this going to court, but feel they are putting me in a position to do the post dated check or get sued.
 
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Ladynred

Senior Member
What STATE are you in ?? Need to know that !

Sounds like the bullcrap of your typical collection agency, not an attorney's office. Even if there IS an attorney's name on the stationary, that doesn't mean its NOT a collection agency. "Investigator".. I had a collector from a CA try that BS on me too, and that exactly what it was.

Stop requesting validation of the debt on the phone, send them a validation letter ASAP. If you don't have an address, get a name, we can get addresses. WHO is the 'firm' they say they are working for ??

All their tactics so far are garbage, typical arm-twisting pressure tactics. Do NOT talk to them on the phone except to get the name of the company and an address if you can. If they refuse, remind them that per the FDCPA, if you ask them for that information, they must give it ! You need to read the FDCPA and have it handy if/when you talk to these idiots again.

BY LAW, they must send you a notice, in writing, 5 days after 'first contact', if they have not done so yet, they have broken the law. Their threats of legal action are likely violations as well.. threatening action that they either cannot or do not intend to take.

They can NOT garnish your wages without suing you and winning a judgment FIRST. If you are in FL and you are head of household, you have an exemption from garnishment. They are blowing smoke, using their usual BS threats and scare tactics to make you fork over that cache of money you're hoarding but won't give them their share of ;)

You can find excellent info and sample validation letters at www.creditinfocenter.com. Send all correspondence certified, RRR and keep a paper trail. When you write your letter, you must also include a cease and desist to notify them they are NOT to call you at work because your employer forbids personal calls. They are requried, by law, to stop calling - you allow them contact ONLY by MAIL.
 
fraud?

Advice Needed said:
...... they were going to pursue this as fraud because I bought stuff on that card with no intent to pay. What the heck? I made payments on that card.....

please correct me if I am wrong but that is the hardest fraud charge to pursue ..... especially if you made payments on your purchases and did not run to Paraguay with the goods bought.....Sounds to me as complete b*llocks - actually in any jurisdiction.....
 

Advice Needed

Junior Member
HB Bank

First I am in Florida., sorry did not mention that before :D

I appreciate the help from both of you. They have yet to send me a letter and it has been 1-2 weeks since initial contact. When you call the number the message says "Thank you for calling Lannahan Law Office". (Not sure on the spelling of that). I did reverse # look-up and nothing. As far as what state they are in, I don't know. 866-645-9009 is the number they left me.

How do I claim head of household? Do I make more than my spouse, uhh yea! Is that what that means?? :D

I will call them Monday and request the address again or no, just send them a Certified once I get the address?

I felt they were a collection agency as well because of they behaved on the phone. But then thought, ok can they actually say they are a law firm when they are not? If they can, that is not right..no wonder people think badly of some attorneys after they encounter an experience like that not knowing they are not. No offense to any attorneys out there. I just think it should be against the law as it would be to impersonate a police officer. :eek:
 
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Ladynred

Senior Member
UGH, Lennahan !!! They are NOT lawyers, they are a COLLECTION AGENCY and Lennahan RENTS his law license to use the 'attorney's office' verbage !! They will NEVER validate and they will continue to harrass you, lie to you and generally break the law by violating the FDCPA.

Here's the poop on Lennahan "Law Offices" - it will make your hair stand on end !
http://www.lenahanlawofficeexposed.com/

Bud Hibbs is well known and a very good guy, I trust his information. You might even want to contact Bud himself.

Head of household - if you provide 50% or more of support for your family then you can claim the HOH exemption.

DO NOT CALL THESE SCUMBAGS !! You can get their address from Bud's site and Bud himself can give you plenty of information on how to deal with them.

It IS against the law to impersonate a police officer !! It IS against the law, the FDCPA, for a collector to mispresent themselves as an attorney, an officer of the law, and a whole lot more.. READ THE ACT.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

Educate yourself and don't let these scumbags harrass you !
 

Advice Needed

Junior Member
Whew!

MY HAIR IS ON END! That was an amazing site! On the site he suggested making complaints to NY state officials. I am all over that!

Ok I cannot tell you how much I better I feel now that I just read all of that information you provided. I will get with Bud,and I will also go to the letters site you suggested earlier and send them a letter.

Can't anyone do anything about these people? I would bet money that the other post I saw about a HH bank card was in regards to these people as well.

You are the BEST! I can tell you that I was freaking a little about the taking me to court deal. I feel so energized now and am going to give them a piece of thier own medicine :D

Thanks so much!!
 
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