ukdebtinus
Registered UsersChange your profile picture
-
Posts
5 -
Joined
-
Last visited
Reputation
1 Neutral-
I would love to give full details, but part of the settlement was that no details would be released...they met my demands and as such I must respect the confidentiality clause (sorry). As a general comment, make sure that you read the Fair Debt Collection Practices Act very well (I don't have url posting privleges, so go to the US FTC website to read) as you may find numerous instances where people act outside of this federal law - and federal law supercedes state law in this instance...and always reply to a legal complaint - many times people don't and will end up with a default judgement against them.
-
Thank you all your comments. The only details I have are the letter of complaint/civil action summons - which contained no mention of any CCA, only stating debt owed to International Credit Registry/Cedar etc. I did receive a default notice in 2005, but it was sent regular mail from Barclaycard - so they have no proof of receipt. The debt is stated at over $9k + interest/costs. Do you think I can counter-sue them for knowingly wasting mine and the courts time ? I have followed your advice and posted on the US forum, I'll report back with my results in case it helps others in a similar position. Thanks again.
-
Its been a very bad day at the office, please, please help if you can !! The history... I defaulted on my UK Barclaycard cc after moving to US (default notice dated Feb 11th 2005 according to US DCA). Around 6 months back Cedar Financial, a California-based DCA started calling and writing to me. I told them (verbal only) that I did not acknowledge the debt. They then sent me a photocopy of my original UK agreement with Barclaycard and the typical demand for payment which I ignored. A few weeks back I received a letter from a Massachusetts (MA) attorney (state where I work) also the typical DCA demand letter with the reply in 30 days or else statement. They called and I told them the same thing I told Cedar. A few days later I received another letter saying that they have advised Cedar to sue. This letter was sent well before the 30 days had expired from the prior demand and was obviously done because the statute of limitations expires very soon. Today at my office, I was served a summons by the local sheriff's dept to appear and answer a suit placed by the local law office in MA on behalf of Cedar, who claim to be representing International Credit Registry (Canada-based)/Barclaycard. I spoke to a MA lawyer to whom I suggested we file a motion to dismiss because juristiction is lacking and he told me I was ahead of him in terms of expertise and advised I try to settle, especially as litigation costs could be high. My main concern is not having my US credit destroyed by a debt-based suit and all the crap that could along with that (liens and wage-garnishment). There is also the concern that the US district court will not properly understand the nature of this suit (the plaintiff neglected to state this was a UK debt on the complaint). Can anybody advise on how I can defeat this ? Thank you for any assistance - I really need it.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
The Consumer Action Group
×
- Create New...