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Advice on Letter from Attorney, please


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Posted by LittleWays (205.188.116.84) on May 23, 2004 at 15:55:23:

Hi,
History:
Amex personal debt, $15000+, within sol, charged-off after missing 2 months, tried to talk to Amex, each attempt rebuffed.
Account referred to RMA.
RMA commits 1 FDCPA violations and 1 city code violation.
Sent RMA a VD letter with limited C&D (CRRR)
RMA stops collection calls.
One week later, within 30 day dispute period, I receive a dunning letter from attorney in my city.
He says his client has instructed him to begin legal action for nonpayment, which action
can result in additional fees and interest. The attorney letter has a mini-miranda and a
notice that this is an attempt to collect a debt. It gives the amount due from an Amex account, no
account number. The attorney's client is not identified. I don't know if the debt owner is the attorney, Amex, or RMA (ranked 3rd largest debt buyer).

Possible lawyer FDPCA violations:
1. The "commence legal action" and "incur other charges" in the letter which is overshadowing the mini-miranda warning therein.
2. Continued collection activity after a VOD letter is entered.
3. Confusing the "unsophisticated consumer" as to intent of the letter.
4. Attorney does not make clear that he has personal knowledge of the debt.

I am waiting to answer the attorney, so that my VOD letter to him can be sent close to, but within the end of the 30 day dispute period started by the attorney letter.

I begin to draft letters to FTC, BBB and AG, to complain that:
1. Amex is driving clients into charge-off by raising interest rates past usury levels then
charging-off accounts and refusing to set up payment plan.
2. Agents hired by Amex are breaking the law and Amex should be held liable for its hired agents
3. Agents hired by Amex should be help liable for breaking and undermining the law.
I have references to the FDCPA.

THEN....without my sending the planned VOD letter, I get a 2nd letter from the attorney, within validation period.
He offers:
1. His validation: 3 copies of 3 billing statements from 3 months in 2003. That's it. No contract, no assignment, no insurance claims, no charges, fees, no history of charges, no charges in the 3 billing statements. (w/small billing statement print on back)

2. Settlement for reduced lump-sum payment or payment plan. No details.


I did want to settle this debt. But I still don't know who the attorney's client is. I know that I should stipulate for TL deletion and
that the balance of the debt cannot be turned over for collection. I am able to come up with about $6000.

I read that Amex does not do TL deletion and that it does not settle for less than 80%, which I do not have. The lawyer gets high marks on google searches on him that I have done. He seems quite competent. I wonder if he is just setting things up so that if I am unable to accept a settlement, or make payments, that he can just go to court and say I refused to accept his offers.

How should I approach this latest development with the bigger future picture in mind?


Thanks.



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