Complaint Review: LHR Inc. - WAYNE B. LEWIS - WAYNE LEWIS - Hamburg New York

I love seeing consumers fight back against these scumbags. I have detailed advice in another LHR report that was just updated yesterday on 3/27/09. The sooner these collectors learn that every call they make may very well be to a consumer like myself or Vinnie, they won't have to worry about civil exposure if they abide by the FDCPA. I will give my abridged advice kit on how to handle LHR or any other 3rd party agency or law firm. 1) Ok, they sent you their initial dunning letter giving you 30 days to dispute and request validation. Sample debt validation letter request letter below. ________________________ To: LHR Financial From: Joe Consumer Date: 3/x/09 File # ______ I am disputing the validity of your claim concerning the alleged ABC credit account for X amount of dollars. I trust that this request for validation will be honored in full compliance with the FDCPA (section 809). ________________________ 2) If they do not validate, they cannot collect or credit report the account as long as your validation request is sent within 30 days of the date of the initial dunning letter. Make sure you type the letter as I typed it verbatim and DO NOT sign your name. Send debt validation letter certified mail return receipt requested. You will get the green card to save as proof they received and signed off on your letter. 3) Because they are debt buyers, they will most likely simply return the alleged account (allows say ALLEGED in debt validation request letter as i did) to the creditor. Then, months or even years down the road when some new scumbag 3rd party agency duns you, repeat the process and send another debt validation letter. 4) Say they validate, ways to frustrate and entrap LHR into FDCPA violations. a) Buy a Prepaid cell and use it as your only method of communication. Prepaid cells cannot be traced or verified in skiptracing sites like accurint. Yes, nonpublished landlines and cell contracts you apply for giving out your SS # can be traced. If they call your prepaid cell, say you have the wrong # and immediately hang up. If they call again, say your fictitious name is _____, you have the wrong # and are wasting my minutes and hang up. 3rd Party agencies cannot knowingly communicate with debtors if they know it accrues a cost to the debtor which is exactly what they are doing by calling your prepaid cell.That's an fdcpa violation. b) Just let them leave voicemails and stay off the phone. The best way to entrap a collector for FDCPA messages is staying off the phone and let them leave voicemail messages. it is treated as 3rd party communication/disclosure so that whole one party two party state law concerning live recordings is irrelevant. c) common FDCPA violating voicemails. Sure you've heard them. "This matter is now in the legal department." (If the agency doesn't have a prelitigation team or inhouse attorneys capable of requesting a court summons, This is an FDCPA violation for misrepresenting legal status of debt). "this call needs to be returned in 24 hours. (False sense of urgency FDCPA violation). "I will be forwarding the paperwork if you don't return the call today." (implying one is an attorney or paralegal, misrepresenting legal status and false sense of urgency). "I am making my final decision concerning this matter." (false sense of urgency. The final decision is up to the judge after you are sued in civil court. Not some HS dropout wearing an ankle monitor device impersonating an attorney.) 5) I have personally settled out of court many times for voicemail violations by negotiating with agency compliance directors. read the FDCPA website. Most voicemail violations can be found between sections 805 and 811. It's important consumers give the SPECIFIC section of the FDCPA violation to the compliance director since they know you can use this against them in civil court. Chances are very good they will cut you a check if you demand a $500 settlement check. Debtors can sue for $1000 plus attorney fees and damages in civil court. If you want to retain an attorney and sue them then go right ahead. However, if you want an instant settlement check, I would offer the $500. It's a drop in the bucket for LHR and you actually save them from civil exposure in court. They will very likely cut you a check immediately. Good luck and keep spreading the word consumers!