Daniels & Norelli P.C. ripoff Attempting to collect for Providian credit card I never had Westbury New York

http://law.com/jsp/article.jsp?id=1202462800582&rss=newswire#

 

If the debt does not belong to you, you can hire an attorney and he will file a case against them for federal violations of the FDCPA.  It shouldnt cost you anything.  The attorneys fees will be collected from the collections firm who is violating your rights and you will get $1,000.

Do some research on the DRCPA and see your rights and then look up an attorney to review your documents to see if your rights are being violated

Good Luck all

I am currently bringing a Federal action against Daniels & Norelli as well

After reading your report I have some thoughts. These are just my random thoughts and opinions and are not to be construed as legal advice.

This was #10 and I realized it should actually be #1:
*** DEBT COLLECTORS ARE TRAINED TO UPSET PEOPLE! STAY CALM. They are trying to SCARE YOU to make you do something you normally wouldn't do (like admit you owe the debt, or GIVE THEM MONEY!)***

1) Debt collectors can not "re-age" a debt, even though they will try to, it is illegal. When in court ALWAYS ask them to provide PROOF. Proof you owe the debt, something with your signature on it, your social security number, proof of what constitutes the amount they are suing for. PROOF, PROOF, PROOF! Many times these collection agents do not have any proof!

2) The burden that you owe the debt is on THEM not you. DON'T EVER TAKE LEGAL ADVICE FROM A COLLECTION FIRM TRYING TO GET MONEY OUT OF YOU! If you allege you do not owe the debt, they need to provide proof that you do. Many times, the law firm or successor in interest to the case doesn't have it and it takes FOREVER for them to get it from the bank.

3) Not all judges are smart and know the law. You need to be able to explain it to them in a non-crazy, non-rambling, non-ranting, polite, respectful way. Hiring a lawyer for this purpose is usually helpful. Plus, credit agencies with no documentation get nervous when you have representation.

4) A good judge should dismiss the case when the law firm comes up with no paper work. Some judges are napping at the bench until retirement. You need to use the words and phrases they understand. File an "Order to Show Cause" to stop your wages from being garnished or your bank accounts from being frozen. Ask for the case to be dismissed! Ask for the default judgment to be vacated! Ask the judge to have any money taken from you returned and to put it in his or her order. Ask for a Traverse Hearing if service is an issue.

5) Many times these debt collectors do not even OWN the debt they are trying to collect on. Therefore they have no standing to sue you. ASK FOR AN ASSIGNMENT OF THE CLAIM. *This is one of those issues that will confuse a sleepy judge* but be aware of it.

6) FAIR DEBT COLLECTION ACT 15 USC 1692 is your friend. This provides you with a potential counter claim in any creditor suit. Violations of the FDCA apply even if you owe the debt. It is a STRICT LIABILITY STATUTE and construed in the favor of YOU the consumer. It is also construed to favor THE LEAST SOPHISTICATED CONSUMER.

7) The FDCA gives you a way to collect DAMAGES from unfair creditors, but you have to plead it in your complaint or counter claim. It caused you loss of sleep, loss of credit, denial of a job. Statutory damages are up to $1,000.00. You can also get reasonable attorneys fees.

8) DOCUMENT EVERYTHING! If you make a payment to someone KEEP A RECORD OF IT FOR AT LEAST 7 YEARS! Keep the returned check, a receipt, money order ticket, WHATEVER IT IS! If you settle a debt for less than the amount agreed upon keep any paperwork you are given for at least TEN years.

9) TAPE PHONE CALLS WITH CREDITORS (NY this is okay to do, it might not be okay in other states, still good practice to help keep your own records and notes) and keep a log/notebook of all phone calls with them. Take good, detailed notes, who you spoke to, what time they called, phone number they are calling from, what they said, what you said, etc.

a) Creditors can not call you before 8 a.m. or after 9 p.m. KEEP A NOTATION OF IT IN YOUR LOG every time they do. Advise them that they are violating the FDCA and not to call at that time again, the next time they do, it's damages!
b) They can only contact you at work if you let them. Ask them not to call you at work, the next time they do, it is a violation.
c) They can not threaten you with VIOLENCE, use OBSCENE LANGUAGE, tell you they are a government agent, they can not repeatedly call you, and a debt collector MUST identify themselves. These are only a few examples of things collectors can not do.

10) Don't ignore arbitration notices. Lots of credit card companies like to arbitrate now. Show up, if you can't show up, phone in, submit proof, send a letter to the arbitrator. Whatever you do, don't allow them to just get a default arbitration award against you. This then gets confirmed into a judgment and this is how they freeze your assets and garnish your wages. If you get a notice that an arbitration is going to be confirmed into a judgment (they HAVE TO SERVE YOU WITH NOTICE OF THIS) attend that court date. Tell the judge it was unfair, or gotten by fraud if this is your case. A lot of judges do not like arbitration awards, especially ones done out of state. They don't have a lot of latitude here, but give them something to work with.

11) If you really owe the debt, try to settle it. Most of the time, they will offer you a settlement of at least 75% right off the bat if you can pay it in a lump sum. Try to push them to 50% sometimes they will do it, sometimes not, it doesn't hurt to try. If you have to pay in payments try to still get them to knock some off. They say they can't, but try to push them to 90-95%. Many times they wait until they have you in court, face to fact to do the settlement. If you have the money bring it with you, and show them, I have XX to settle this today, in full right now. KEEP RECEIPTS, DOCUMENTATION, EVERYTHING YOU GET!

GOOD LUCK! DON'T LET THEM GET YOU DOWN!

I've done it all--tried everything. I've written letters to FTC, Attorney General, no attorney seems to want this case. So I have a question:

Anyone who has had bad dealings with Colorado Capital Investments and wants to sue them in a class action suit is welcome to contact me. (((ROR REDACTED EMAIL FOR SECURITY PURPOSES)))

I have an attorney who may be interested in suing them for erroneous reporting to credit reporting agencies and for making people pay credit cards that they never had (i.e. getting default judgments without contacting the party involved, etc.)

Thank you.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Many people are in the same position as you, and also don't have the money to hire an attorney. One of my favorite sites I've found for information is credit infocenter. The people posting have a wealth of information and can help w/ almost any situation. Do a google search for credit info center & it will take you to the home page. The forum links are on the right. Please know that I am in no way affiliated w/ this website. Please don't act until you've read up on how to deal w/ these monsters. If you don't know your rights they will take you to the cleaners. Good Luck!