Ive had 2 calls in 2 days, both about GE Money accounts, a Paypal credit and a Lowe's. Both start off that this is the last day for a negotiation, and it will go to their law division for a decision if no payment is made. They claim to be licensed in AL, but I can't find anything about them, except that they are based in IL. Does anyone have any experience with them? Thanks.
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law office of John C Bonewicz?
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Look, IN MY OPINION, you need to get in touch with these folks and clearly request they send you written information. You need their address. Once you have it, send a DV with a paragraph stating that it is inconvenient for you to receive phone calls at any time. Have you received written information from these folks before? If so, and they can show you had no response after 30 days of their letter, you could be SOL. If you ignored the original dunning letter, then send a C&D communication letter. If not, get something from them in writing! The FDCPA clearly states that upon first contact, the CA must send you the written information within 5 days. I have never had anyone not comply. Oh, I've had the standard, "It appears we have sent you a letter" crap, but they probably didn't send a letter and are gambling that a phone call will scare you into paying. I always call them back and request written information. This generally brings the phone calls to a halt.
Again, I have never had anyone fail to send a letter after I requested they do so. However, keep in mind my preference is to be proactive and on the offensive. Others will choose to ignore or hide. Not me. I don't need a 2-by-4 hitting me in the back of the head!
To each, there own.
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GE seems to be pretty quick to send to a Law office. I have a couple of teir private label cards and they were the first to go to collections after only 60 daysStopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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Originally posted by treehugger1 View PostHave you received written information from these folks before? If so, and they can show you had no response after 30 days of their letter, you could be SOL. If you ignored the original dunning letter, then send a C&D communication letter.
If I somehow missed an initial letter and didn't respond within 30 days, they are free to call even if I request written only correspondence? What rights do you lose if you do not respond within 30 days?1/15/10 Filed ch7 2/18/10 314 meeting
2/22/10 Report of No Distribution
4/20/10 Discharged 5/20/10 Closed!
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Originally posted by pcn View PostThis is the first I have heard from them. When I called back and talked to them in response to the first call, their story was "This is the only chance to set up arrangements before it goes to further legal action". So if they call back again, it really shoots down their creditability.
These guys are all about collecting as much as they can for their client. Usually a drop-dead letter will stop them in their tracks because for every one person who does that, there are 100 who don't.
Be aware that a drop-dead letter might also motivate them to sue you, but that is what they are threatening anyway.I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.
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They are not free to call if you send them a cease-and-desist communications (drop dead letter or FOAD) letter. In order to request debt validation from them, you must respond to a written notice within 30 days of receipt. Telling them to not do something on the telephone will not count. Get a certified return-receipt letter out to them. For this, you need an address.
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Originally posted by pcn View PostThis is the first I have heard from them. When I called back and talked to them in response to the first call, their story was "This is the only chance to set up arrangements before it goes to further legal action". So if they call back again, it really shoots down their creditability.
If I somehow missed an initial letter and didn't respond within 30 days, they are free to call even if I request written only correspondence? What rights do you lose if you do not respond within 30 days?
Since most of these dirtbags are trying to scam you over the phone, I'd guess that after 5 days, it's all but over for them, they're looking for the "slow zebras" from the herd to make a quick buck off of. Their goal is to create fear and uncertainty in the debtor's mind, and strike while you are in that state. Time is their enemy.
And you can tell them it is inconvenient for you to accept calls at any point, even after 30 days.filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!
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I have had 2 well known ones call, leave a couple of messages and never call back or send a letter......wierd...were did they go ?? I have DV letters ready to launch.Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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Originally posted by readytofile View PostOh GE Money really love to call! They call us 20 times a day or more. Today is the day I'm going to call off the dogs and give them the lawyers infoStopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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Originally posted by readytofile View PostLuckily I have nothing with Wells Fargo. I hear they are like pit bulls...
Me : do I sound like a chick ??
Him: I dident ask you that
Me : do i sound like a chick ??
Him : sir you dont have to be rude
Me : sir, the person you seek is not at this number, further more please delete this number from your file, since i'm tired of getting calls for that person
him : sir you dont have to be so rude
Me : have a nice saturday........clickStopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7
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Ok, I'm kind of confused. We were first contacted 4 days ago by phone from John C. Bonowicz. They threatened to garnish my husband's wages in the amount of $390 per month if he didn't pay. Can they actually do that? They claim to have sent us a letter, but I don't recall ever seeing a letter from them. So, do I have to recieve something from them within 5 days of the first phone call? If I do not, what do I do then? I have a debt verification letter ready to send, however I'm not sure if it comes before the cease and desist letter or vice versa. They have also been harrassing my mother in law every day asking for my husband who hasn't lived there in years, and his employer, of which he is allowed no personal phone calls at work except for emergencies anyhow.
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Hey wuppy, you may want to start your own thread to get better answers.
In short, they have to go to court and get a judgment before they can garnish. You will be served summons papers if they proceed.
Often this is an empty threat and they do not file a court case. If the amount is higher than your local county court allows, they almost never file. Filing in higher courts gets very expensive and the returns are low for the creditors since most people either cannot pay or file BK.
Good luck.11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--Discharged
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