Author Topic: Got a possible JDB letter Please help!  (Read 1306 times)

0 Members and 1 Guest are viewing this topic.

Ranger

  • Valued Member
  • Posts: 43
Got a possible JDB letter Please help!
« on: May 10, 2017 05:11:06 AM »
Debtorboards newb here.  Got this letter in the mail.  I'm not sure what to do next.  This account isn't in my CR.  Would it still be best to send a VOD and elect arbitration or does this have any FDCPA violations right off the bat? I received it on May 2nd I didn't get 30 days as the letter mentions.

Appreciate the help!

-R

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Got a possible JDB letter Please help!
« Reply #1 on: May 10, 2017 01:27:30 PM »
That thing is unreadable. Who is the original creditor? Do they still own the account, or was it sold?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

trueq

  • Valued Member
  • Posts: 5270
Re: Got a possible JDB letter Please help!
« Reply #2 on: May 10, 2017 01:38:33 PM »
This is a nothing burger on worry chart.   About a 1.5 out of ten on "deal with" meter.   9 is a court judgement.  10 on "deal with meter" is collection action after court judgement.

It is a 3rd party collector for a JDB.   Not all JDB's collect heir own debt.

Send them a DV, no call letter.

If it gets to an actual lawyer,  (at that point it is a 4-5 on "deal with" meter) file a pre-emptive arbitration.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

Ranger

  • Valued Member
  • Posts: 43
Re: Got a possible JDB letter Please help!
« Reply #3 on: May 10, 2017 04:16:56 PM »
Creditor is WellsFargo.  It was sold.

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Got a possible JDB letter Please help!
« Reply #4 on: May 10, 2017 09:18:08 PM »
To whom?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Ranger

  • Valued Member
  • Posts: 43
Re: Got a possible JDB letter Please help!
« Reply #5 on: May 11, 2017 12:38:12 AM »
I don't know I would guess to Harbor Capital Management according to this letter.

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Got a possible JDB letter Please help!
« Reply #6 on: May 11, 2017 01:20:53 PM »
It says it was placed with them for collection. Doesn't mean they own it.Better find out, it makes a big difference.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Ranger

  • Valued Member
  • Posts: 43
Re: Got a possible JDB letter Please help!
« Reply #7 on: May 11, 2017 11:51:24 PM »
Ok dug up an old CR.  It shows last time there was activity was back in 2008.  Does the Texas SOL for 4 years apply here?

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Got a possible JDB letter Please help!
« Reply #8 on: May 12, 2017 12:57:34 PM »
Yup. Statute says 4 years for debt, period. That's why that letter is framed as a settlement offer and not a collection notice. The only way you'd have a violation is if they threaten to sue.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

  • Valued Member
  • Posts: 3840
  • They forced arbitration into your contract. Use it
Re: Got a possible JDB letter Please help!
« Reply #9 on: May 12, 2017 01:32:34 PM »
If you have proof no payment has been made on this account in at least 8 years and the SOL in TX is 4 years, then I would be taking this letter to a consumer attorney to file suit right away.

The letter expressly states you should make a payment to avoid legal action.  It does not disclose anything about this debt being beyond SOL.  Here is the frame work for your lawsuit against these crooks:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D03-29/C:15-1567:J:Hamilton:aut:T:fnOp:N:1937594:S:0
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

Bruno the JDB Killer

  • BANNED
  • Posts: 14304
Re: Got a possible JDB letter Please help!
« Reply #10 on: May 12, 2017 02:13:50 PM »
He's in the 5th. I don't believe they have ruled on this yet.  However, they did rule on this:


Daugherty v. Convergent Outsourcing, Inc., No. 15-20392, 2016 WL 4709712 (5th Cir. Sept. 8, 2016), the federal  Fifth Circuit Court of Appeals (which covers Texas, Louisiana, and Mississippi) agreed with the Sixth and Seventh Circuits that the Fair Debt Collection Practices Act requires disclosure of the fact that a debt is beyond the statute of limitations when the debt collector is offering a settlement of the debt.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

credit