topic Re: Victory over Luebke Baker!!! :) in General Credit Topics

Victory over Luebke Baker!!! :)

jschaffer — Fri, 07 Mar 2008 22:39:41 GMT

WOOHOO!!! I have my first solid victory over a defiant CA!!!

I'm going to accept their counter-offer merely because I accomplished the sole goal of getting them off my back.

I've copy pasted their response to my latest letter here:

LUEBKE BAKER & ASSOCIATES
P.O. BOX 9398
PEORIA, IL 61615
800259-7654 X138 FAX 309282-7320
DON.CUMMINGS @LBA93.COM

March 4, 2008

MR. jschaffer*
My address
(SENT CERTIFIED AND REGULAR MAIL)

Re: Settlement Offer: $2,000.00
Your Magazine Provider Balance Due $40.81
Our Reference# xxxxxx-x Clients Ref# xxxxxxx

Dear Mr. jschaffer*:
I have had an opportunity to review your correspondence sent to our office and received February 22, 2008 alleging violations ofthe
F.D.C.P.A.

While I understand your logic I cannot concur with your findings of fact and conclusions oflaw.

I reviewed the Certified Letter that you copied and sent to us for review and was unable to verify with my office or the Post Office the date it was sent and no such person that signed the receipt can be identified as one ofmy office representatives and the Post Office could not confirm any such person.

In light of these factors we would have no written notice to cease and desist all collection activity regarding this magazine account.

For the purpose of getting this matter resolved I am able to offer you
a cash settlement in the amount of $1200.00 to settle this account in full.
This payment will be sent to you no later than April 20, 2008.

Likewise we will report no derogatory information to any credit reporting
agency in addition to the terms of this settlement offer.
I see you have had a chance to research some Case Law as it pertains to violations of the F.D.C.P.A.

I'm sure that you must also be aware that a Bona Fide Error Defense
is an Affirmative Defense in such cases as this.

I will hold this offer open for a period for 10 days from the date of this letter to await your response as to settlement.

Sincerely,
Donald Cummings
Legal Administrator
CC: Client

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS IN FACT FROM A DEBT
COLLECTOR.

*name changed to protect my privacy.

Thanks to everyone that I've learned from on myfico, CB, and CIC I was able to protect my rights!!!

Message Edited by jschaffer on 03-07-2008 02:39 PM

Re: Victory over Luebke Baker!!! :)

Anonymous — Fri, 07 Mar 2008 22:42:15 GMT

I would accept..

on the other hand:

Your Honor, we made a bona fide error
Your Honor, we have no such employee (GC sig)
Your honor, we don't make mistakes...

What a crook!

Re: Victory over Luebke Baker!!! :)

Anonymous — Fri, 07 Mar 2008 22:44:04 GMT

$1200 for a magazine account...WOW!!!! what kind of magazines were you subscribing to? Can't wait to hear what the experts have to say about them not able to verify receipt of a CMRRR that was signed for.

Re: Victory over Luebke Baker!!! :)

Anonymous — Fri, 07 Mar 2008 22:50:19 GMT

Exactly LadyScarlet!

Umm as per Point 1 we are not at fault.

As per Point 2 we are not at fault.

As per Point 3 we are not at fault.

However, we'll just give you this money anyway in hopes you'll accept our apology - rofl.

Getouttaherewitdat!

WTG!!!

SerenityBound....indeed!

Re: Victory over Luebke Baker!!! :)

llecs — Fri, 07 Mar 2008 22:51:02 GMT

WOOOOOOOOOOOOOOOOooooooooooooooooooWWWeeeeeeeeeee

Re: Victory over Luebke Baker!!! :)

ngerasimatos — Fri, 07 Mar 2008 23:01:23 GMT

I would settle, and then sue for Defamation of Character. lol

Re: Victory over Luebke Baker!!! :)

jschaffer — Fri, 07 Mar 2008 23:20:02 GMT

@Anonymous wrote:
I would accept..
on the other hand:
Your Honor, we made a bona fide error
Your Honor, we have no such employee (GC sig)
Your honor, we don't make mistakes...
What a crook!

I completely agree, but my ultimate goal was to get rid of these people, and it looks like I accomplished that.

@ngerasimatos wrote:
I would settle, and then sue for Defamation of Character. lol

HAHA, it's tempting, but that would be so wrong (in a funny way)!

Re: Victory over Luebke Baker!!! :)

Anonymous — Fri, 07 Mar 2008 23:50:05 GMT

My gut tells me that you should go for their throat with them and counter their offer for half that amount.

However, I also know how it feels to get out from under the constant harassment, so, for whatever you do, congratulations.

Re: Victory over Luebke Baker!!! :)

Anonymous — Sat, 08 Mar 2008 00:43:45 GMT

Accepting their offer does not preclude you from suing. I would not accept 60% of a debt to a CA that has multiple FDCPA and FCRA violations. I would low ball the heck out of them....like $200.00.

Re: Victory over Luebke Baker!!! :)

jschaffer — Sat, 08 Mar 2008 04:28:12 GMT

@Anonymous wrote:
Accepting their offer does not preclude you from suing. I would not accept 60% of a debt to a CA that has multiple FDCPA and FCRA violations. I would low ball the heck out of them....like $200.00.

I think you misunderstood. I demanded that they pay ME $2000 and they countered with offering to pay ME $1200, of which I accept.

I'm not paying them a dime.

Re: Victory over Luebke Baker!!! :)

Anonymous — Sat, 08 Mar 2008 05:49:39 GMT

Oh sweetness! they delete AND pay you?

Sweet!!!

Re: Victory over Luebke Baker!!! :)

jschaffer — Sat, 08 Mar 2008 07:55:26 GMT

@Anonymous wrote:
Oh sweetness! they delete AND pay you?

Sweet!!!

Yup. It's very sweet victory when you have a collection agency sending you money.

Re: Victory over Luebke Baker!!! :)

Anonymous — Sat, 08 Mar 2008 09:23:53 GMT

@jschaffer wrote:

@Anonymous wrote:
Accepting their offer does not preclude you from suing. I would not accept 60% of a debt to a CA that has multiple FDCPA and FCRA violations. I would low ball the heck out of them....like $200.00.

I think you misunderstood. I demanded that they pay ME $2000 and they countered with offering to pay ME $1200, of which I accept.

I'm not paying them a dime.

It takes a bad mutha (shut yo' mouth) to get a CA to pay them!!!

I want to be you in my next life

Congrats and go get 'em.

Re: Victory over Luebke Baker!!! :)

Anonymous — Sat, 08 Mar 2008 09:38:41 GMT

EXCELLENT!!!!!

Re: Victory over Luebke Baker!!! :)

Anonymous — Sat, 08 Mar 2008 12:46:31 GMT

LOL! NOW I SEE......well in that case I probably wouldn't try to get them to lower their payment

Good job!!!!!

Re: Victory over Luebke Baker!!! :)

Anonymous — Sat, 08 Mar 2008 14:10:35 GMT

Nice-

Better accept quick as myFICO is highly indexed on Google and they will see you reposted this letter.

Re: Victory over Luebke Baker!!! :)

Anonymous — Wed, 20 Apr 2011 16:00:27 GMT

Way to go, and thanks for the tip.I get calls from these guys all day, every day. Not only on my home phone but on my cell phone. They never leave a message either. I answered once and yes, was told I owed over $1000 for magazines. Magazines I ordered from the individual companies to which I had been paying for said subscriptions. I told them this and the person got rude so I hung up. My story is much the same as most. Got the call about a free trip and stuff. What freaked me out is they already had my bank account information. They just asked me to verify the account info as they read it off to me. They managed to take $149 (which I managed to get back), but they got me for $20 a month for several months before my bank told me to just close the account. The number the company gave me to cancel, nobody ever answered. So I think I'll hit the law books and see if I can get these people off my back once and for all. Thanks again