Re: New one on me.....(need legal ones on this one)

Posted by dixiedrifter (69.21.62.164) on June 01, 2004 at 22:23:49:

In Reply to: New one on me.....(need legal ones on this one) posted by Reformed on June 01, 2004 at 20:21:58:

Welllllll... much to the bemoaning of several other persons on this board, I suggest that if it is an offical looking letter with letterhead, and you stil lhave the original envelope bearing a postmark, fill in the blanks with what would be about 30-35% of the balance due (reasonable amount)and send the money off to them.

Now then, what will happen is they will either a. drag you off into arbitration for the remaining balance or b. sell the remainder off to another CA or c. flat out sue you.

At this point, you will have to file against W&A for FDCPA violations, specifically false or misleading representations and/or unfair or deceptive practices and breach of agreement. You would have actual damages in the amount the other CA is pursueing you for. You will also probably have to file against the new CA as well.

All in all it would be a very risky manuever, but it would definately beat having to file BK.

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