Zwicker. Ugh.

[flyinbroke]

Alll riiiiiiight...I got a letter from Zwicker for OC #1. To recap:

OC #1 sold to CA #1 who violated FDCPA, TCPA and TDCA on at least 37 different occasions. I DVed CA #1 and OC sent a bunch of statements and a letter saying they did not have the original app with my signature. I sent a demand/ITS with ready to file complaint and got blown off. CA #1 now has a demand/ITS from my friendly NACA attorney (who likely is demanding far more $$$ than I did).

OC #1 got the account back from CA #1. Yesterday I get a letter from the ever famous Zwicker and Associates. Lawyer told me to DV. I hear they are pretty quick to sue, and so does lawyer.

Anyone with recent experience? They list 3 lawyers with TX, but only 2 are in the state bar site.

[BrokeIn2010]

Alll riiiiiiight...I got a letter from Zwicker for OC #1. To recap:

OC #1 sold to CA #1 who violated FDCPA, TCPA and TDCA on at least 37 different occasions. I DVed CA #1 and OC sent a bunch of statements and a letter saying they did not have the original app with my signature. I sent a demand/ITS with ready to file complaint and got blown off. CA #1 now has a demand/ITS from my friendly NACA attorney (who likely is demanding far more $$$ than I did).

OC #1 got the account back from CA #1. Yesterday I get a letter from the ever famous Zwicker and Associates. Lawyer told me to DV. I hear they are pretty quick to sue, and so does lawyer.

Anyone with recent experience? They list 3 lawyers with TX, but only 2 are in the state bar site.

"Dealing" with them right now. Bunch of shit-heads. No matter what you work out with them, the make it clear that they they're probably going to sue anyway. It's always "Well you can pay "X" but we're probably going to court in the next 60 days or so if you can't pay the full amount in 30 days." "Well we'll settle for "X" but we'll be seeking payment of attorney fees beyond the settlement.".

Register & Signature return everything to these guys. They cashed a check once, they swore I had missed a payment, I had the cancel check and they still argued that they weren't the ones that cashed it. Wanted proof someone in the office accepted the letter with the check.

[flyinbroke]

Well the OC who sicced them on me is getting an ITS from my attorney for the offenses committed by their first choice of CA. So they can try to sue, but I am sure my lawyer will have something to say about that...he told me to just DV for now, sit back and let them violate (and he said they will.)

[BrokeIn2010]

Well the OC who sicced them on me is getting an ITS from my attorney for the offenses committed by their first choice of CA. So they can try to sue, but I am sure my lawyer will have something to say about that...he told me to just DV for now, sit back and let them violate (and he said they will.)

So far, with me, they haven't-- at least not in a way that I can't nail them. But most accounts I've read online says that-- yeah-- they are big on violating the collections law.

http://www.stopcollector.com/agency.php?n=zwicker

Since mid-2009, there have been over two dozen lawsuits filed against Zwicker & Associates for violating the Fair Debt Collection Practices Act. One of their favorite tactics seems to be sending consumers' legal summons, yet refusing to respond to consumers' demands for debt validation. Often, they'll file for summary judgment without giving consumers' a fair shot at disputing the debt. Bottom line? Zwicker & Associates is bad news.

[flyinbroke]

Yeah I have two letters from collections law firms. No violations yet. They don't call. They just sent the dunning letter. I have about three weeks to send a DV back.

Seems the "law groups" are being more careful these days. Wonder why...

[BrokeIn2010]

Might be the pitchforks and torches the pissed off consumer are carrying :lol:

[treehugger1]

You orignally said the OC sold the account to CA1. If OC sold account, how would they get it back? Just trying to get some clarification.

[BrokeIn2010]

You orignally said the OC sold the account to CA1. If OC sold account, how would they get it back? Just trying to get some clarification.

CA1 might have given/sold it back to the OC? I had something like that happen with an account. The OC sent it to a 3rd party collector, when they couldn't collect the OC "claimed" they had 'recovered/repurchased" the account and then sent it to another CA.

[treehugger1]

I doubt it, unless the OC is an idiot, and I would doubt that. I do hope that when the debtor gets their thousands of dollars due to lawsuits, he/she will post the judges' decisions or the jury's decision on this forum. He/she can redact the name and suit number, but a pdf copy of the actual court-filed decision would be great. Cheers, I await verification.

[flyinbroke]

My misprint. They gave it to CA #1 to strongarm me into paying OC. CA #1 violated, I sent ITS, they blew me off, I hired lawyer who sent ITS for twice what I was willing to settle for in mine. I have three of these going on. OC has since sent it to Zwicker...not sure who owns it, since payment is supposed to be sent to Zwicker with no indication as to who gets the check that I won't be sending. I will DV them too...they are not calling the phone off the hook so they are checking themselves for now.

And yes, I will verify what happens. THe third called the attorney today and started to make an offer then started arguing with him before asking what I would be willing to settle for. With only a few charges, he demanded between 10-20K. I am guessing she will offer 500 bucks to which she can pound sand. In the same timeframe they told me I owe double what they verified that I did. We may have just gained leverage.

[albacore44]

lets see.My spread sheet of 25 credit cards says they got my Kohl's account after it went to some other collection agency. i remember them calling and being a bit nasty, but I sent them a DV and they went away. I dont know mabee they might have sued had i not filed, but I had 2 other law firms that were much closer to filing.

[treehugger1]

Yeah, I'm guessing that given the thousands of accounts that Zwcker tries to strong-arm for, the vast majority never, ever get acted upon in terms of litigation. Even if they do sue and win, there is another layer that involves collecting on the judgment. In many cases, if the debtor could not pay prior to the judgment, there is little possibility that they can pay post-judgment. No big deal.

In terms of suing under TCPA, FDCPA violations and "winning," I am noting that this can depend entirely upon what federal court you have access to. A study of the local federal court system in my area suggests that the courts tend to side with the creditor. Maybe that is why there are ALMOST NO NACA attorneys within 300 miles of me. LOL And, in my area the federal appellate court is the Ninth Circuit Court, one of the most liberal courts in the nation. Go Figure! WTF is up with that?

[catleg]

Yeah, I suspect Texas may be the most pro-consumer of the federal courts, judging by all the class actions that get launched there. Texaco-Pennzoil was a Texas case, with Texaco filing BK in NY to get out from under it.

[flyinbroke]

As said I would update....CA #1 and CA #2 have not responded to my lawyer's demand letters as of yet.

CA #3, which was the only one that did not have a six-figure demand offered to settle for well under 1K (the pound sand range) and my lawyer said no way, try again. I guess they haggled and settled for over 1K but under 1.5K which their counsel put in writing. For a couple of phone calls and several FDCPA violations (which will only total 1K total) this is a doable number. I accepted. Should tell them to put a rush on that.

[WhatMoney]

I guess they haggled and settled for over 1K but under 1.5K which their counsel put in writing. For a couple of phone calls and several FDCPA violations (which will only total 1K total) this is a doable number. I accepted. Should tell them to put a rush on that.

WTG. How much of this settlement goes to your lawyer?