Post Number: 968
|Posted on Monday, May 26, 2003 - 06:07 pm: ||
Attn: Stewart McKenzie
Via fax to 510-537-0410
May 26, 2003
Re: Phoenix District Court 03-CV-525
Dear Mr. McKenzie:
I called your office a few times after you left the 5/1 VM with your 24 hour deadline to settle for $1,000, but as you had mentioned, you were not in your office.
It appears that you didn't take any notes during our conversation on 4/18:
1) I had agreed to dismiss for $1,000 if Professional Recovery provided me with a written statement certifying that they did NOT verify the collection with Trans Union.
Please let me know if you sent such a statement, I have received nothing to date. You stated in your VM that Professional Recovery closed out the account. I fail to see the relevance to my complaint.
FACT: Trans Union claims that Professional Recovery verified this collection as transferred.
FACT: You did NOT provide a statement certifying that Professional Recovery did NOT verify the collection with Trans Union.
Conclusion: Professional Recovery verified an account they no longer had, and they did NOT conduct an investigation as required by the FCRA.
2) You also mentioned that Professional Recovery would retain an attorney through their insurance company, but I have not been contacted by anyone. Please provide me with contact information for this attorney.
3) You stated that if I refuse to dismiss, Professional Recovery will:
a) have my case transferred to California.
-- They can try, but I don't expect the Judge to ignore the FCRA and FDCPA.
b) get my case dismissed because the SOL expired.
-- Of course the SOL is NOT expired, as I had explained to you in detail. The SOL for FCRA violations is two years.
I also just reviewed my validation request, received by Professional Recovery on 2/18/02. The account was not deleted until 4/18/02, when Professional Recovery had failed to respond to the 2nd TU investigation, as per Ms. Lewis, TU's attorney. Apparently Professional Recovery failed to advise TU of my validation request when TU initiated the 2nd investigation, and I will obtain the exact date from TU through discovery. I filed my complaint on 3/19/03, and it looks to me like we are also well within the 1 year SOL for FDCPA violations. As per the FDCPA, Professional Recovery should have reported the collection as disputed to TU immediately upon receipt of my validation request until they validated. Then they even failed to advise TU upon receipt of the 2nd investigation. And there are the AZ licensing violations.
c) they will be asking for attorney fees and that I need to think about that.
Nice intimidation tactics!
4) I also have not received the waiver of service. Do I need to incur the expense of serving Professional Recovery?
I need to find out WHY Trans Union verified the collection on my credit - the ONLY collection on my report. I told you that I have never seen a collection reported as "transferred" before, and I have been reviewing credit reports since about 1988.
As this is a published suit and I want to ensure that my publications are accurate, I'll appreciate your written response via fax to 571-222-1000.
Very truly yours,
c: CreditCourt forum
Date: Mon, 26 May 2003 18:07:55 +0100 -0700
Subject: CONFIRM: Waiver of Service - Professional Recovery
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CONFIRMATION OF YOUR FAX TRANSMISSION
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COUNTRY: 1-NORTH AMERICA
TRANSMISSION: 27-May-2003 01:07:03 GMT.
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