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I received summons few day ago, please help


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Posted by Curious (24.238.66.254) on August 27, 2003 at 18:39:36:

An Attorney for Direct Merchant's bank is suing me for $950 + $190 in legal costs. The account was closed last year, so SOL does not apply.
When they first contacted me I informed them that I'm disputing the amount and don't want to pay the balance because D.M.B raised my interest rate from 20 to 23% for no reason and without any notice. (Are they allowed to do that?) In addition they charged an over the limit fee after applying a finance charge, that brought me over the limit by two dollars.
At that time the attorney told me, that I can make pay or there is nothing else they can help me with. So he bullied me into a payment arrangements. I asked him for the confirmation letter, which I received. I sent them two payments, that were somehow were posted couple days after the due dates. I went on the DMB website and noticed, that they are still applying late charges and overthelimit fees. I confronted the attorney and he said, that ether you can keep making your payments or the agreement will be void and refused to explain the DMB statements. I stoped paying and now I'm getting sued, so my question is: Was the lawfirm obligated under FDCPA to provide me with validation notice( which the did not) And should I counersue them for that violation or just surprise them at the hearing and just use it as an affirmative defence.( I'm afraid they will create the notice if they know of my plan in advance.


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