Author Topic: Received a letter from Hunt & Henriques... next step?  (Read 1844 times)

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Dispiacci

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Received a letter from Hunt & Henriques... next step?
« on: October 04, 2012 01:37:25 AM »
Hello,

Ive received a letter from Hunt & Henriques Attorneys at Law and Im quite at a loss. The letter appears as follows,

Re: PORTFOLIO RECOVERY ASSOCIATES, LLC/ CHASE BANK USA, N.A.
Account number ending in : XXXX
Balance due as of September 14, 2012: $X,XXX.XX

September 14, 2012

Dear XXXX XXXX

As a result of your default on the above identified account, our client PORTFOLIO RECOVERY ASSOCIATES, LLC has engaged this law firm to attempt to collect the outstanding balance due on your account.

Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute the validity of the debt or any part of it within that period, we will assume that the debt is valid. If you do dispute the debt, or any part of it, in writing by mailing a notice to this firm to that effect on or before the 30th day following the date you receive this letter we will obtain and mail to you verification of the debt. An if, within the same period, you request in writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that information too.

The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than you attorney or your spouse, about your debt. Collectors may contact another person to confirm your location or to enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.

This communication is from a debt collector. This letter is an attempt to collect a debt and any information obtained may be used for that purpose.

Very truly yours,

Michael S. Hunt
Janalie Henriques
HUNT & HENRIQUES

The attorney whose signature appears above personally requested this letter be sent after he/she reviewed relevant portions of our file for the limited purpose of sending this letter.


Does this mean Im going to get sued? What are my options and what should my next step be?
Some additional information that might be helpful is that I live in California and I think (although not a 100% sure) that the statue of limitations on this debt might have already passed or might be close to passing. It is four years without making payments, correct?
Any help or advice would be extremely appreciated at this time. Thank you.
« Last Edit: October 04, 2012 01:50:14 AM by Dispiacci »

Flyingifr

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #1 on: October 04, 2012 02:22:41 AM »
This letter is a typical attorney's demand letter telling you they now are working the account.

Are you getting sued? No, not yet - maybe not ever. They don't say what their next step will be. That would be determined by the facts - is the debt actually OOS? If not, H&H is aggressive in suing so expect a summons. If so, if they sue, you countersue for the FDCPA violation. If they don't sue then the purpose of the letter was to scare you.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

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Shadowbuddha

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #2 on: October 04, 2012 05:37:14 AM »
First things first, write them a letter telling them you dispute the alleged debt.  Send it CMRRR.

Read the stickies in the junk debt buyer thread.  Debt buyers are very beatable unless you shoot yourself in the foot.

CA SoL is 4 years, but it may be shorter based on the contract choice of law.  Read up on chambers v. Resurgence Financial LLC.
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TML16

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #3 on: October 04, 2012 08:54:43 AM »
First things first, write them a letter telling them you dispute the alleged debt.  Send it CMRRR.

Read the stickies in the junk debt buyer thread.  Debt buyers are very beatable unless you shoot yourself in the foot.

CA SoL is 4 years, but it may be shorter based on the contract choice of law.  Read up on chambers v. Resurgence Financial LLC.

Chase Bank USA is governed by Delaware law, but here's a word of caution on the Chambers decision. It's not case law, so even though a Santa Clara County Superior Court ruled this way three years ago, it doesn't guarantee a Superior Court in another part of the state will rule the same way or has to. This doesn't mean don't use that as a defense, but please make sure it's not the only defense besides the boiler plate defenses that are commonly used.

As for determining the SOL, it depends on the cardmember agreement that governed the account. If it's an agreement from 2008 or 2009, the SOL began the day it defaulted. In most cases, that's going to be the date you didn't pay the minimum due and subsequently did not bring the account current. In some cases, a Chase account may also be in default if it's over the limit and no payment was made to correct that. You'll have to know your billing history to see which of these events triggered the SOL.

Will this JDB sue you? If they're aggressive, I'd count on it. At minimum, send them a DV letter as Shadowbudda stated. It will buy you time, but there's no way to know how much.
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Dispiacci

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #4 on: October 06, 2012 09:07:35 PM »
Thanks for the replies so far guys.

I've prepared a Debt Validation Letter to send out. Could you guys please review it and see if if it's good to send out or if I should modify it or add anything else? Any help or advice would be extremely appreciated.

XXX XXXX
1111 XXXXX
XXXX, CA

October 06, 2012

Hunt & Henriques
Attorneys at Law
151 Bernal Road, Suite 8
San Jose, CA 95119-1306

Dear Sirs:

I am in receipt of your letter dated September 14, 2012, a copy of which is enclosed, wherein you claim I owe a debt of $2,000.00 to PORTFOLIO RECOVERY ASSOCIATES, LLC/ CHASE BANK USA, N.A. on an alleged account ending in 4388.

This letter will serve as notice that I am disputing the validity of the debt in its entirety, requesting verification of the debt in its entirety, and requesting the name and address of the original creditor. Verification of the debt is to include the following:

- A copy of the agreement between your client and the original creditor which gives your client the authority to collect on this alleged debt.

- An accounting of all transactions from the inception of the alleged debt. It must include all charges, fees, penalties, payments, and assessed interest.

Due to the serious nature of this matter, I do not wish to discuss this matter on the telephone. I request that all communication be in writing so that I may include your correspondence in my records

Sincerely,

XXX XXXX
« Last Edit: October 06, 2012 09:23:22 PM by Dispiacci »

TML16

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #5 on: October 06, 2012 09:28:57 PM »
When dealing with attorneys, brevity is best. I usually say something like this, since my DV also included an arbitration clause:

Quote
This letter is in response to your letter dated September 14, 2012.

I dispute this claim and request validation of the debt. If there is an underlying arbitration clause associated with this claim, I hereby exercise it, and waive your litigation rights to this claim, per the underlying arbitration clause.

In addition, I request a copy of the contract with the arbitration clause.

This letter also notifies you it is inconvenient for me to receive telephone calls at any time at any number. All future communication must be done in writing and sent to the address listed above.

Keep in mind that all the other side has to do to "validate" this debt is to provide you with the name and address of the original creditor and the dollar amount. The standard is very low, and what you're asking them to provide you in you're response won't happen. They very likely won't present that information until you're far along into litigation.

It's not that they do or don't have it. It's poor strategy on their part to tip their hand unless they absolutely have to -- and that is why you have to at minimum dispute this claim ASAP. Why? Because if you don't, they could not only sue you, but also use Account Stated as a cause of action if/when they sue you. And if you don't dispute the account, they could argue you agreed to the debt. I know it sounds messed up, but this is what JDB's attorneys do.

The date of their letter is the 14th? I hope you're sending this CMRRR on Monday morning and no later! USPS will take 2-3 days to get there even if it's in state.
Do not take my posts as legal advice. Assume I'm the village idiot.

Dispiacci

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #6 on: October 06, 2012 09:34:55 PM »
Yes, the date of the letter is 09/14/2012. Apologize my ignorance, but do I have to sign the letter or is my name at the bottom enough? I'm thinking of getting to the post office right now.

Had Enough

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #7 on: October 06, 2012 09:36:45 PM »
How about.........


XXX XXXX
1111 XXXXX
XXXX, CA

October 06, 2012

Hunt & Henriques
Attorneys at Law
151 Bernal Road, Suite 8
San Jose, CA 95119-1306


To Whom It May Concern,

I dispute the debt.

Please validate the debt.

All Calls are inconvenient. Please contact me by mail.

Sincerly

Me

I would send it CMRR

They are not required by law to give you all the info you requested. Better to keep it short.


HE

E. Normis Debtor

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #8 on: October 06, 2012 10:33:20 PM »
Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute the validity of the debt or any part of it within that period, we will assume that the debt is valid. If you do dispute the debt, or any part of it, in writing by mailing a notice to this firm to that effect on or before the 30th day following the date you receive this letter we will obtain and mail to you verification of the debt.
If it's me, only because it's in the 9th circuit, I have an FDCPA claim for overshadowing.

I don't respond to PM's or emails for advice on specific circumstances.  My participation in this forum is general in nature, and not intended to create an attorney/client relationship.

TML16

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #9 on: October 07, 2012 12:11:25 AM »
Yes, the date of the letter is 09/14/2012. Apologize my ignorance, but do I have to sign the letter or is my name at the bottom enough? I'm thinking of getting to the post office right now.
I never sign mine. I've heard stories of dishonest JDBs cutting and pasting signatures to forge documents, so why take the chance?
Do not take my posts as legal advice. Assume I'm the village idiot.

innocentme

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #10 on: October 07, 2012 12:20:25 AM »
Never do I say much in a DV.

Quote
Mr Attorney collecting on Debt #.......

Hello mister Attorney:

I dispute this debt.

Please validate.

All call are inconvenient at all times on all numbers. 

I revoke any express consent you think you might have to call my cell phone.

I hereby elect arbitration to resolve any disputes between us.

Thank you,

Innocent me.



They laugh at anything else.  Saying anything else means that you can copy and paste.
I am not an attorney.  I just love to know my rights, and to defend them at all costs.  Even if that means going on the offensive.  I'm always nice, until I'm not.

Anza01

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #11 on: October 09, 2012 03:09:52 AM »
If it's me, only because it's in the 9th circuit, I have an FDCPA claim for overshadowing.

How is this overshadowing in the 9th circuit?  Can you give a name or two to look up case law on this?

E. Normis Debtor

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #12 on: October 09, 2012 07:48:34 AM »
How is this overshadowing in the 9th circuit?  Can you give a name or two to look up case law on this?
Camacho v. Bridgeport Financial Inc., 2005 WL 3358682
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Re: Received a letter from Hunt & Henriques... next step?
« Reply #13 on: October 09, 2012 10:15:36 AM »
The issue with their letter is they included the phrase "in writing", which isn't allowed because it is a misrepresentation of an alleged debtor's rights.

Camacho v. Bridgeport Financial Inc. was a Ninth Circuit decision regarding that type of misrepresentation, which also happens to be the complete opposite of the Third Circuit's decision over the same issue.

Anza01

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Re: Received a letter from Hunt & Henriques... next step?
« Reply #14 on: October 09, 2012 03:55:48 PM »
Thank you E. Normis and Registered for the info on Camacho v. Bridgeport Financial Inc. :)

 

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