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  • AngelinaCatHub
    replied
    Hey Freddie, my friend, you got an issue to sue them. As you sent a letter, the Judge had to have signed off on the voluntary dismissal, you can sue them. I would write a C&D letter again, with a list of what had happened by date, and Court case number with a very mild, "if this ever happens again I shall hire [put down the biggest Shark on your radio looking for easy money] to represent me in a harassment, failure to abide by F[can't remember the letters] rules, as well as conjugal interuptus [a charge I made up], and take them to task. 'Hub

    Leave a comment:


  • Freddy03
    replied
    Originally posted by gonebroke4no View Post
    Freddy03, how long had you sent your C&D letter to that company? As I was wondering did they receive your letter AND they are "STILL" calling you or is it the fact that your C&D letter still had not reached the company as of yet.
    They received the C & D letter (sent cert mail) back in July. Because they are calling on behalf of the original creditor I don't believe they have to obey the C & D. I'm going to fax them another letter letting them know that I have retained a BK lawyer and to call them. Hopefully this will stop them from calling.

    Leave a comment:


  • gonebroke4no
    replied
    Freddy03, how long had you sent your C&D letter to that company? As I was wondering did they receive your letter AND they are "STILL" calling you or is it the fact that your C&D letter still had not reached the company as of yet.

    Leave a comment:


  • Freddy03
    replied
    Originally posted by frogger View Post
    If you're only a "little" away from filing, just stop answering the phone. A bk will stop this in its tracks.
    Yeah I plan on doing that but prior to me answering their summons this one company called me daily at work (after I sent a C & D) letter. I'm trying to prevent that from happening again.

    Leave a comment:


  • espo1357
    replied
    Originally posted by frogger View Post
    If you're only a "little" away from filing, just stop answering the phone. A bk will stop this in its tracks.
    That's it. Frogger nailed it.

    They are not supposed to "threaten" you.

    F Them. They are unsecured. They have no leverage.

    Leave a comment:


  • frogger
    replied
    If you're only a "little" away from filing, just stop answering the phone. A bk will stop this in its tracks.

    Leave a comment:


  • Freddy03
    started a topic Being Harassed....

    Being Harassed....

    Hi everyone! Hope you all had a great holiday.

    I need some advice on how to handle this. Receiving phone calls from collection attorney for Case #3.

    Little background on case #3:
    Sued by Cap One
    Answered summons
    Went thru discovery phases (received nothing)
    Went to court ordered mediation, at mediation the amount they had listed was about 1k LESS than what was stated on summons
    Attorney was suppose to get me a complete breakdown of how they came to that amount - never received
    Trial date set - 2 days before trial Cap One submitted a voluntary dismissal
    Case Closed

    Ok so last week I started receiving phone calls from Cap One's collection attorney (same one who sued). I got 3 phone calls and 3 voice messages on 12/20. I called them back and told them that they voluntary dismissed the case. The guy apologized and said he would update my records.

    Well yesterday I received 3 more calls and 3 more messages. This time the message were a little threatening. Stating that they are going to take me to court, take my personal property and "wipe out" my bank account...lol

    So I called back and explained everything once again and got hung up on...lol

    I'm not sure what to do next. I'm still a little ways from filing. Any suggestions?
    Last edited by Freddy03; 12-28-2010, 08:15 AM.

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