Jack Sinn
Del City,#2Consumer Comment
Sun, December 02, 2007
It is a good thing that you posted about Love,Beal and Nixon.They have a reputation of not following the rules.Maybe they hire so many people to work for them that they simply forget to tell their employees what the rules and laws are. I myself have dealt with this company here in Oklahoma and it's ironic Hsbc and Lvnv where who they were suing for.They do not follow the rules and I'll tell you this they do expect to win by default and 99 % of the time they do .You can go oscn.net and do some research on their cases and see how many have been won by default and how many when challenged in court they either back down or have the cases dismissed because they have no real proof against the people they sue. I won and like you I sent my response to their petition and and they sent a limited letter verifying who I was and that was my account.Wrong answer I asked for validation not to verify the account in question.In the validation letter I asked for validation not to verify also asked to show my contract my signatures and proof that I am liable and account balances and payments and also stated that all three of my credit reports showed different amounts that I owed to this company and the date of last payment on one was a year ago I sure did not pay it. Long story short so far you are doing the right thing just make sure to use the net and any legal advice you can .I did with only the internet and after I filed my motion for discovery oddly enough my case was dismissed they had nothing on me and let me make this clear Love,Beal and Nixon are not in the business to make money.Huh you say they can only collect on what they are out themselfs lvnv. account wrote off from HSBC $6,000 LVNV buys it for say 1 cent on the dollar do the math in reality the answer to the problem there is what you would owe. Some will agrue this and say it's not so .In my case in my letter I asked them to proove that this was the amount I owe and how they came up with this amount and how much they payed for this account and if it was used by the primary company as a tax write off and a little secret most companies who sell the account off dont share account information with these collectors like itemizing naw they wont do that .Do some research on the laws and dont back down from them Look up their cases and read the transcripts and the letters that were sent to and from and you will get the idea of how and what to do.
Robert
Buffalo,#3Consumer Comment
Fri, November 30, 2007
unless you are very familiar with the procedures of the district court. One small administrative mis-step can cost you a lot of money. Not only do all the i's have to dotted and the t's crossed, they have to be dotted and crossed just so. ""There is no doubt in my mind that if properly handled we will defeat these con-men but I want to make sure we do the right thing, short of hiring an attorney to represent us. If this gets to far in and over our heads we will definately hire an attorney but at the moment from the research we have done we feel we can handle this Pro-se."" I suggest you consult with a competent attorney familiar with credit issues. Also, since this is district court, you may countersue and seek reasonable attorney fees as well as any other provable damages you have suffered. I would hire an attorney and file a countersuit. Seems to me that they filed the suit against you knowing (or they should have known) that the debt was not yours or not collectable from you. There is ONE thing I suggest you try that might persuade them to drop their suit. I would fax them a copy of all the letters you've sent to other collectors to demonstrate that the collectors who preceed them could not validate the debt as yours. This might persuade them to drop the suit against you. You don't mention whether you advised them of previous unseccessful collection attempts which is something I would have done. If it doesn't and they proceed, I would definitely hire an attorney. Pro Se is very risky in district court. Have you checked your credit reports for this debt? If it appears on your credit, the previously letters you have sent with no response is more than enough for you to write to the CRAs and have them drop this debt from your reports. Simply write a letter to the CRAs with copies of your previous letters to collectors enclosed. Good luck.