Oh Dear...being taken to court...need legal eagles. - PeachParts Mercedes-Benz Forum

dkveuro · #1 03-19-2008, 02:19 PM

Apparently, the company 'Burton and Associates' has been retained by 'Allied Publishing' to sue me for 'Breach of Contract'.

Allied claim I enrolled for a subscription for some trade publications back in 2003 or 2004.
It seems I sent in a check for some deposit amount and because of that I am under legal obligation to follow through with purchase of magazines for 5 years.

This happened apparently, just after my divorce in 2003. Although what they say is true, they are now suing for $1600.00 plus expenses.

They have , ( Burton and Associates,) left messages saying..." We will obtain a bench warrant...get a lawyer...bring your check book...etc " among other things.

I'm sure thousands of folk sign up for magazines and never follow through or move or what ever.

When I spoke to them this afternoon, I told them to go ahead serve me and I would then see what my options are.

I hate owing anyone...but his seems a little extreem.

What do you all think ?

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thorsen · #2 03-19-2008, 02:24 PM

http://800notes.com/Phone.aspx/1-800-993-2494

http://complaintwire.org/Complaint.aspx/EOCyDbSpRAC7TgjJ3Y3HJg/2

Mistress · #3 03-19-2008, 02:32 PM

If you don't get anything in writting via a certified letter me thinks it's a scam. WE NEED JD NOW........

Dee8go · #4 03-19-2008, 02:36 PM

I've never heard of such a thing. Sounds like BS to me, too.

speace · #5 03-19-2008, 02:53 PM

Quote:

Originally Posted by thorsen

http://800notes.com/Phone.aspx/1-800-993-2494

http://complaintwire.org/Complaint.aspx/EOCyDbSpRAC7TgjJ3Y3HJg/2

After reading the second link above, I think Allied Publishing SOLD the receivables to Burton and Associates, a collection agency, and they are doing all they can to collect it.

I am not in the legal industry, but have a relative that has been bugged for years by different companies trying to collect a debit they don't recall ever having.

According to www.clarkhoward.com these old debts can't be shown on one's credit report, but if the debtor ADMITS ownershio if the debt, or makes a payment towards it, it becomes new and the statute of limitations is reset allowing the claim to show.

If you didn't receive the subscription it would seem you don't owe for anything.

Clark, a consumer advocate, says to ask them for written proof that you owe something. Usually, they can't provide anything, and by law they have to leave you alone. There is also a sample drop dead letter on his web site that should make them leave you alone...

dkveuro · #6 03-19-2008, 03:05 PM

Quote:

Originally Posted by thorsen

http://800notes.com/Phone.aspx/1-800-993-2494

http://complaintwire.org/Complaint.aspx/EOCyDbSpRAC7TgjJ3Y3HJg/2

Well...here's a letter I found thank's to our friend 'Thorsen1798148.'

hello there - 1 Mar 2008
ATTENTION!!!!!
the main culprit is allied publishers service of midatlantic states, 625 Delaware Ave Suite 100 in Buffalo, NY. 716 services, miller marketing, and many other companies (along with phony lawyers such as allan p maccarty who simply lets the co. use his name on letterhead) are all avtually working for allied publishers. please do not take any threat of lawsuits to heart as they are all phony. i worked there for many years. tehy do not report to credit bureaus. they do not (im stifiling laughter here)take anyone to court. they rake in the dough from allof the foolish peole who believe these empty threats.

PLEASE visit your atty general's website, print a complaint form and send it in. your file will be marked "atty general" and you will not be called. i worked for them for many years when i was a teenager. they are convincing sometimes, other times not so much. the bottom line is your "debt" isn't real. noone was ever taken to court. there are no collection agencys. there are a gazillion phone lines that are listed under a whole bunch of phony names. the "atty's office" sat across from me when i was there. what happens is a telemarketing office sells you the subscription, allied buys the order for about $300, and if you are dumb and pay the $780 there's a nice profit margin there. please just FILE A COMPLAINT and i assure you there will be no calls!!! DO NOT get sucked in to these ludacris lies about garnishing wages and negative marks on your credit report. all lies. i promise!!!!

So, going on this I am breathing a little easier.

Is this the drop Dead letter you refer too?
.
(Date)

To Whom It May Concern:

I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so.

Sincerely,

(Name)

(Account No.)

pt145ss · #7 03-19-2008, 03:34 PM

If in-fact this was a real debt (which I doubt) the statute of limitations in most states is around 4 years. SOL starts with the last received payment date. Even admitting to the debt will not reset the SOL…only another payment activity can. If they do re-age it…then they are in violation of the fair debt and collection act. If you tell them that you have absolute defense of SOL then any threat of a law suite (because they can not legally take action at that point) is a violation. The collector can be fined $1000 for each violation of the FDCA. Threats of law suits (even for those debts still within the SOL), without the true intention of a law suite is also a violation of the FDCA. It is a violation if they say they are from a law firm when they are not. There are a plethora of violations they can be fined for (there are a few below). I would record the call…save written communications…and once they have occurred enough violations (enough in violations that it out weighs the original debt) then I would turn around and sue them…to include reasonable attorney fees.

§ 807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection
of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:
(1) The false representation or implication that the debt
collector is vouched for, bonded by, or affiliated with
the United States or any State, including the use of any
badge, uniform, or facsimile thereof.
(2) The false representation of—
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may
be lawfully received by any debt collector for the
collection of a debt.
(3) The false representation or implication that any individual
is an attorney or that any communication is from
an attorney.
(4) The representation or implication that nonpayment of
any debt will result in the arrest or imprisonment of
any person or the seizure, garnishment, attachment,
or sale of any property or wages of any person unless
such action is lawful and the debt collector or creditor
intends to take such action.
(5) The threat to take any action that cannot legally be
taken or that is not intended to be taken.
(6) The false representation or implication that a sale,
referral, or other transfer of any interest in a debt shall
cause the consumer to—
(A) lose any claim or defense to payment of the debt;
or
(B) become subject to any practice prohibited by this
title.
(7) The false representation or implication that the consumer
committed any crime or other conduct in order
to disgrace the consumer.

MTI · #8 03-19-2008, 03:37 PM

This is just general . . . not specific to any particular claim . . .

Bench warrants are issued by the court to compel a person's attendance, via arrest, when that person has failed to voluntarily appear under a court's order. Bench warrants can be issued against prospective jurors that don't report to the jury pool; witnesses under subpoena; or other persons who are under a court imposed obligation to be present in court.

It is not typically used in a civil matter (contract claim) unless the other party already has a judgment and has obtained a subpoena to conduct a debtor's examination which the debtor has failed to attend.

Under general contract law, and in the absences of any contract terms to the contrary, the breach of the buyer only makes the buyer liable for the goods delivered, not for future goods yet to be delivered unless those items were specially made for th customer or of such nature that only that particular customer would benefit from them.

Unless there is a "liquidated damages" clause in a contract which pre-determines a remedy where it would be difficult to figure out the actual damages, then the seller's remedy is primarily actual damages suffered.

The laws of contracts and remedies varies by jurisdiction, so your results may vary. For instance, the statute of limitations in many states for contract actions is six years, but some measure from the date of contract, while others may measure from the date of breach. Debt collectors may have their own specific statute of repose as well.

speace · #9 03-19-2008, 03:40 PM

Quote:

So, going on this I am breathing a little easier.

Is this the drop Dead letter you refer too?
.
(Date)

To Whom It May Concern:

I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so.

Sincerely,

(Name)

(Account No.)

Yes, that is Clark's drop dead letter that I was referring you to.

Good luck!

pt145ss · #10 03-19-2008, 03:47 PM

Quote:

Originally Posted by dkveuro

So, going on this I am breathing a little easier.

Is this the drop Dead letter you refer too?
.
(Date)

To Whom It May Concern:

I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so.

Sincerely,

(Name)

(Account No.)

I would be careful about sending this letter. First you must ask that they validate the debt and provide proof of debt (be specific about requiring proof…if they can’t prove it…they must stop collection and remove it from your report) at which point they can not contact you again, with the exception to tell that they received the validation request and are going to investigate it. If they are able to validate the debt and have proof, they can continue to contact you. You then must tell them in writing that the number that they call you at is not a convenient number and that all communications must be done in writing.

Simply telling them not to contact you as it is a violation might make it seem like you do not know the statutes…because that is not true.

Medmech · #11 03-19-2008, 04:13 PM

Check the SOL for your state, they may be in breach of the law contacting you in the first place. Definitely use the validation period to see if they do have the contract, do anything you can to screw the bottom feeders.

http://www.fair-debt-collection.com/SOL-by-State.html

dkveuro · #12 03-19-2008, 04:25 PM

Quote:

Originally Posted by pt145ss

[SIZE=3][FONT=Times New Roman]I would be careful about sending this letter. ..................................................
Simply telling them not to contact you as it is a violation might make it seem like you do not know the statutes…because that is not true.

Thank you for your insight.

I have lodged a complaint with the 'Oklahoma Attorney General's office'.

I shall await the results of my last conversation with Diane Thompson on 1-888-475-5238.

The previous posts have proved exteemly helpful. Well done Mercedesshop.com members.

I told her that she must serve me before she can take me to court.
She hung up a few seconds later.

BTW... Oklahoma Statutes of Limitation

Written Contract: 5 Years, (O.S. § 95(1)).

Oral Contract: 3 Years, (O.S. § 95(2)) .I think this one applies.

Attachments: 5 Years, (O.S. § 95(5))

Domestic Judgment: 5 Years, (O.S. § 95(5))

Foreign Judgment: 3 Years, (O.S. § 95(2)
.

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connerm · #13 03-19-2008, 08:27 PM

It would sure be a lot easier, and feel better, if we could just reach through the phone and choke those guys out.

dkveuro · #14 03-19-2008, 09:10 PM

Quote:

Originally Posted by connerm

It would sure be a lot easier, and feel better, if we could just reach through the phone and choke those guys out.

Are you advocating 'Going Postal ?'

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EricSilver · #15 03-19-2008, 10:14 PM

This is pure BS. Stop worrying and don't lose any sleep over it. If they had the ability to do what they threatened, they would already have done it, with no warning, i.e. a summons delivered by a Sherriff's Deputy.

Question: Did you receive any of those magazines throughout the past years?

Quote:

Originally Posted by dkveuro

...bring your check book...etc "
When I spoke to them this afternoon, I told them to go ahead serve me and I would then see what my options are.

First, NEVER send them a check, or reveal your account number. Second, stop speaking to them.