Victory over Luebke Baker!!! :)

jschaffer · ‎03-07-2008

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

Anonymous · ‎03-07-2008

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!

Anonymous · ‎03-07-2008

$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.

Anonymous · ‎03-07-2008

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!

llecs · ‎03-07-2008

WOOOOOOOOOOOOOOOOooooooooooooooooooWWWeeeeeeeeeee

ngerasimatos · ‎03-07-2008

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

Try not to become a man of success but rather to become a man of value
Albert Einstein 1879 - 1955

800+ Club

jschaffer · ‎03-07-2008

@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)!

Anonymous · ‎03-07-2008

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.

Anonymous · ‎03-07-2008

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.

jschaffer · ‎03-07-2008

@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.