I had an account with Capital One which was charged --off in may of last year. On December 29 2008 I was hand delivered by an unidentified man a "summons" . I had no idea what he was even handing me, I think he called it paperwork, but I am not sure if he said anything at all besides that I didn't have to go to court to just call the number. I tried calling the number the next day and all it did was ring. I believe that the summons is fake. It says that they WILL apply to the court. There is no seal from the courts and all court signatures are stamped. There is even another stamp stamped through the stamped endorsement of the clerk district court. There are other stampings in the document that are just randomly stamped. There is no court date on the summons, and Farrell & Seldin are claiming to be representing Capital One. How can they be representing Capital One when the debt was charged off. Aren"t they just trying to get free money that is not even theirs to claim? I feel that the documents are not really from the court and that is a form of intimidation to scare me to pay them. But I do not owe Farrell & Seldin a thing.
The complaint has been investigated and resolved to the customer’s satisfaction.
They have probably purchased the debt for pennies on the dollar.
They only receive money if you pay.
You can put them off by asserting your rights in a certified mail letter.
I admit I defaulted on some credit card debt.
The approach by the collection agencies was horrible.
I have consulted attorneys and have come up with a letter that puts them off.
I was just contacted by the Northland Group.
I sent them the letter via certified mail.
Guess what ?
Within 4 days I received a letter from Northland Group saying they were ceasing all collection efforts and I should contact the card issueing company for further information.
The letter is a mix of asserting your rights, warning them about any negative credit reporting, requesting all communication be in writitng (no telephone calls!), and threatening them with severe legal action should they tranish my record or violate the law.
It is one hum-dinger of a letter.
I can't believe that it worked !@!
pmf1@rocketmail.com
Oh man I hope you files an answer because those documents are real. They want you to think it is a fake summons so you won't answer the courts and then send it in with proof that you were served. Do you have any updates to you case?
I work for a bankruptcy and debt resolution law firm. I spend a lot of time dealing with banks and lenders like capital one. To my knowledge, when a card company says that they have "charged off" your account, it does not mean the account has been settled or the debt forgiven or even sold. All it means is that your account is so delinquent that they have moved your account to a different department of cap one and it is soon to be sent or sold to a collection company like ferral & seldin.
I spend every day being an advocate for and defending the rights of debtors such as yourself and I agree that a lot of collection companies are extremely and inappropriately aggressive, dishonest and shady. However, if you accumulated the debt on your own accord and do not have a valid excuse for not paying it off (lost job, unseen medical expenses, etc.) then I think you should have taken some responsibility for the debt and PAID it.
Always remember, if you cant pay your credit card debt for whatever reason, just call the company, tell them of your situation and work out a settlement offer. I do this constantly for clients and I have settled accounts for 30% or 40% of what people owe. I do this on a regular basis with many different card companies for many different amounts of debt, from 4000 to 40, 000. You do not need an attorney for this, you can do it yourself from home, it just takes patience and professionalism and negotiation, and it keeps outrageous collection companies out of the picture.
Take some responsibilty for your actions and if you do not want to deal with shady credit card companies and collection agencies that hound you constantly and make your life miserable (there are a ton of them out there, I know cause I deal with for 50 hours a week, every week, and I agree that banks, credit card co.'s and collection co.'s are all SOB's)- then do not take their money in the first place
How about some radical self reliance? I though America was about independence and self reliance, not financial irresponsibility and carelessness?
No one is taking any bank's or credit card money because there is no money. The money was created by the person's signature. Credits and debits are just entries on an accounting book. It is called fractional reserve banking and it is the biggest fraud that has been perpetrated on the citizens of this country.
What do I do now? I already have an agreement with farrell and seldin, is there any way I can get away from them? What are my rights? Can I sign up with a debt settlement company, to get these people off my back and out of my life?
Please help, we barely make it day to day.
Thank you,
Anxious in Albuquerque
I wrote a long post that disappeared, Anxious.
Write me at: almamira7@gmail.com
almamira7@gmail.com, can you post a response again as to what you did with Farrell & Seldin or what can be done if they contact you? I've been paying them $150/month for a Citibank debt. They too petitioned me to go to court before I agreeded to their terms. What can I do now? I missed one month and they sent a letter saying I was in default. I sent a payment anyway and today, they sent it back to me saying they can't accept the money order? what are my options trying to get a payoff? I've tried that with them too to no avail? Now I'm afraid they will garnish wages?
Farrell and Seldin are [censor] and I hope their agency is seized one day like the lunatic who took over the Discovery Channel!
I to am having problems with Ferrell and Seldin. I reieved a summons to go to court, before thy even tried to work with me on my credit card debt to Discover.
I tried to tell them what my situation was and that I could send the only $50.00 a month for about 8 months and then I would have another one that I was paying on paid and could make a larger payment. They said they couldn't do that, it wasn't enough. I asked if we could come to an agreement befor the court date, would it be cancelled? I was told no, I had to go to court no matter what. The other lawyers I am paying now once an agreement was made cancelled the court date. What are they trying to do to me. Can they Garnish Social Security income? willowisp6400@yahoo .com is my e-mail if anyone can answer that question for me.
I am filing multiple pleadings pro se against Ferrell & Seldin in Adams County Court, CO. I did file and answer to their complaint and they proceeded to file 4 pleadings without sending me the Defendant, copies as fraudulently certified by their Certificate of Mailing. After I lose the case I will file against these attorneys with the State of Colorado for not complying with the statutes. If anyone would like to join you are welcome. All their collective bad practice should go toward having them sanctioned. [I'm sorry I don't know the answer to willowisp6400's question.] ubiorbi@yahoo.com
I was just delivered today a court summons that states the court date is tomorrow, and it is also for a county I do not live in and never lived in and it is not the county in which they are located in. Any suggestions?
I just hired a attorny today to help with the fight ! I as well as my new rep and I believe that they do buy the junk debt and are the owner of the debt, but they say that they are representing the oc. if in fact this is true well that would be great to watch them try and wiggle out of it my rep has sued and won against thease [censor] if you have anything like this in your case lets ban together and have them banned from pratice at the very least
I had an agreement to pay off 11, 000 to to this F&S in $500 installments. 3 EFTs of $500 each occurred as scheduled. Then when the 4th payment was scheduled the EFT did not happen even though funds were available. I contacted F&S when I noticed the 4th installment did not occur and they told me that I was in default. Then they told me the account was pulled and would not accept payment of any kind which seemed ridiculous. Now they garnished my bank account and I have nothing. How can you set up a payment plan, have the funds available and then be told your in default when the recipient of the funds refuses to accept them? I want to pay off this debt, yet they refused my payment as per our agreement and then bushwhacked me with garnishment. Any ideas on how to deal with this issue? I have $15 in my wallet. My next paycheck is supposed to be electronically deposited in 4 days, I am trying to get a paper check issued and open a new bank account but I may not be in time to stop the deposit. F&S put a hold on my account so any money deposited will go to them leaving me with nothing for the next 3 weeks if I am unable to stop the next deposit.
Farrell and Seldin don't answer phone calls nor do they practice good credit collection. 10 to 1 they are in debt like the rest of america. They send letters and try to act like there helping the credit card companies out. They are a scam. There website isn't even legit. [protected] copy write. talk about not updating or not having numbers that have answering machines. There 866 number keeps ringing and ringing and ringing. The company needs to drop helping creditors and help us working american's out instead of sticking us with payment plans and then hitting us with it defaulted crap.
I had the same problem with Capital One, but the problem with dealing with any corporation, especially one that greatly benefited from taxpayer bailouts, is that if you have any complaint with a service provider that you paid with a credit card, they ignore your letters and then you must deal with an outsourcer in a foreign country who has no idea how to help. I wrote three letters to Capital One, two to the service provider, and finally a certified letter to Capital One when they ignored the first two. I've talked to the most reputable law firm in Denver...and was advised not to fight the sleazy debt collection law firm ...because alas the powerful ALWAYS win in the end. I hated to do it, but there are people out there without ethics and one hopes that maybe in end, Life will catch up with them. Look at Bernie Madoff. Sorry for all you going through the harassing phone calls, nasty letters, and lawyers who can't make it other than collecting debts.
I paid off Ferrell and Seldin. Of course, the contact wouldn't give me his last name or the email of the "company." Now they will not send me a letter of dismissal. After I checked with my bank that the check had cleared, Mr. Nobody said it takes them ten days to make sure check has cleared. Called again today and another mr. Nobody gave me the runaround. According to a friend, Ferrell and Seldin had scheduled 950 cases in one day...what a waste of our judicial system. They should be litigated.
I work for a collection agency and know about the FDCPA. I received "court" documents from Ferrell and Seldin back when I didnt work there. I saved them because I felt they were fakes. Now that I have been working at a debt collection agency I understand how the system works. The docs are fake. I received the initial demand back in Sept 09'. A month later, I received "court" looking docs. Then in December 09' I received a "judgement" doc. First of all, the court system in my state doesnt move that fast. Secondly, the whole process would take about 6 months not 3 months. The docs stated that they proved to the court that I owed the debt, however, no contract or consumer agreement was attached to the exibit "A". It is Jan 2011...I still have yet to hear from my states court system. I never received anything in the mail from them to make this official...nothing "certified" in nature. They are completely going against the FDCPA. Since I still have the documents, I would LOVE to send them to your Rep. Lets shut these guys down for good! All debt agencies are sneaky. They say they are following all the laws, of which is a lie. Their "report" they send to their clients in regards to the quality control practices are all fake. The debt collector who is talking to the debtor knows that they are being recorded at the time, so, they play nice. Once the recordings are done, they return back to their unruly ways. I suggest that anyone who talks to a debt collector advises the debt collector that they are recording the conversation. If the mini-miranda is not said during the call (...this is an attempt to collect a debt any information obtained..."), or if the debt collector states that intrest and fees will be added, or that "they will report you to the client so they can persue further actions" is against the FDCPA. Better yet, you are better off sending a cease and desist letter to the agency stating to CND all calls and mail. No skip tracing, no nothing. Dispute the debt. If their client doesnt get back to you within 30 days, they close the acct and take it off the credit report. They act tough but really they are scared of lawsuits! The FDCPA clearly states that any tactic used to intimidate a consumer or to insinuate that there are "court" proceedings when there really is no proceeding and that is not the intention of their client to do so, they are in violation of the FDCPA. In addition, any tactic used to intimidate a consumer is against the FDCPA. Any tactic that is used willingly by the debt collector to simulate "court" proceedings that are false is in violation of the FDCPA. This outlet is out of control! Contact me so I can gets these to your rep! Furthermore, NEVER settle. Depending on the amount of the debt, you will receive a 1099 at the end of the year with the difference as "earned income". That is something the above attorney fails to mention! I lost my job. I've always paid my debts. I had a card, yes. I charged $300.00 on it and now the CC company and the debt collector wants $1500.00 for it? And I'm the bad person? My tax dollers were given to XYZ CC company to Bail them out. If I received a collection for $300.00, I would pay it. Not for $1500.00 and then a settlement of 40% offer of $600.00 just to wind up getting a 1099 for $900.00 as earned income when my cc bill was $300.00...come on, who are you kidding? DO NOT LISTEN TO THE ATTORNEY ABOVE. Guilt trip...and trying to rip off consumers w/ their debt! He/She is just as bad as the debt collectors!
collectionarearippoff please get in touch with me I would luv to see what you have ! I have also been told that they buy junk debts and try to collect on them as if the are represnting the OC they have clearly violated FDCPA and tila as well you can get in touch with me at bartbarkley@aol.com thanks by the way I got to post on here once as straight out of low cash and can no longer log in as such hmmm I wonder is ferrall and seldin setting this site up to try to get people to feel guilty about a debt that could no longer pay for what ever reason and that the OC had charged it off and collected on the insurance or is it that they are afraid that they maybe forced into arbitration ? or this might be it ... to try to scare people by telling what horriable tactics they have used and if you dont do as we say youll be in big trouble I plan on finding out soon good luck to all but fight them it looks like ill be going to arbitration
I just wanted to tell you that I just won my case against Farrell and Seldin. When I went to arbiration they sent a lawyer from thier office who didn't know anything about my case. I told the arbrirator that I wanted to see contracts and I demanded proof that it was my debt. Farrell and Seldin and the lawyer Ken couldn't prove it.
I would recommend that if anyone receives a summons from this company that you submit any and all paperwork that is required of you. That you do not miss any court appointed times. But if you research the FDCPA laws and ask that your debt be validated and you save any and all documentation. You can fight this debt collector. The thing that helped me the most is that I asked to see a contract between Chase Bank and Farrell and Seldin and they couldn't provide it. Be smart, be courageous and don't back down. I want to thank my arbirator for believing me and researching the laws...
I also wanted to mention about the above posting (I made that last statement- Blue angel 20) . This took place in Albuquerque, NM and I just got the letter from the arbirator on Jan. 31, 2011. So I am sure Ken and the group of lawyers know who I am..the lawyers over there think they are doing a good job. But next time don't send a lawyer that says he is the in house counselor for Chase bank. That is a lie.. I'm sorry you couldn't cash in on the big pay day ($14, 000.00). But learn the laws and you will be better prepared as the plantif.. I would like to know how many other defendents in Alb. have won their cases against Farrell and Seldin. I hope that the FTC shuts them down. I reported them already and I suggest everyone on this board do the same thing. Next step is to repair my credit by mailing my arbritration award letter with other paperwork to the credit bureaus.
blue angel did you go through jams or the other one in arbitration? That is fantasic news for all of us I would luv to no more about how you won as I am preparing for court or arbitration you can reach me at bartbarkley@aol.com and congrats!
I will respond to you privately and I can send you some information with some attachements.
thank you blue angel bartbarkley@aol.com
Blue Angel 20, can you get in touch with me. I was served the other day and it's with Ferrel; and Seldin. I need advice! Thanks so much! sunmune@comcast.net
Blue Angel, can you get in touch with me via sunmune@comcast.net
I was served the other day. Ferrell and Seldin here in ALb. Could use advice! Thanks so much!
Sunmume I will contact you privately. And in response to Mica1755 - I was given a letter from the mediator that said Arbitration awarded in favor of ( my name) and against Chase Bank. Because it went through the court annexed arbitration and not through distric court there was not a need to dismiss.
To respond to Stealth Pilot - you should be careful who you make judgements about. If Farrell and Seldin had a real case against me they would have won RIGHT? I was a victim of identity theft and I still had to fight this the whole way down to arbirtration.. I guess the medating lawyer believed me when I produced my police report from the time my home was broken into in the middle of the night and my purse was stolen with my ID and SS #...Not everyone is trying to scam the system. I pay all my bills and I even paid off my house and car this year...But I refuse to pay for someone elses debt and I will fight it...by educating myself on my rights.
Wonderc -check your email I sent a response to you. Please let me help you through this process. I know it's scary and the debt collectors are counting on the fact that you are worried and stressed out, but don't give into that fear. EDUCATION IS THE KEY.. Learn about your rights.
Well I guess that is why these blogs work.. everyone has an opinion. I have been through the fire with this experience and I just want to help people - who truley need help figuring out the whole credit card vs consumers rights issues. Granted I know many people in this country spend money they don't have and then expect to have a free ride. But then there are those victims of ID theft. Or even the people who have worked with the debt collectors and are still getting ripped off. And then there are those people who have tried to pay their bills and then have to turn to using their credit cards to buy gas and groceries and because of finaincal lose can not even pay those bills.. I think those people need some kind of relief from the scare tactics that these shady debt collectors posing as lawyers put on them... If you are a lawyer I am not critizing you. Because I think it is a noble profession. But is not noble to buy old debt or charged off debt for pennies on the dollar and then harass people till they pay the full amount and often times more because of added fees. When the credit card companies could settle with the consumer for half the amount and be done with the whole process.
I just sent a debt validation letter to Farrell and Seldon and it will be 30 days come Mid Feb or so since they signed the certified mail return receipt. Any advise on what's next? They say they represent Cap 1. Will email some who can connect me with Blue Angel. Paranoid in Abq. Signed, Alice N.
My advice to anyone receiving these letters is to check your credit report. You will want to check all of the negative entries on your report. If the debt has been charged-off the credit card company may still be handling it in house with their own counsel. However if you notice the words "Transferred or sold" Then the credit card company has sold off your debt to a collection agency. Who ever bought your debt (Farrell and Seldin) now must follow the FDCPA laws since they are considered 3rd party collections. They must send you documentation if you have asked for validation. They can not proceed with any legal action until this validation is done. They consider validation as verifying your name and address and maybe sending some type of computer generated printout of a statement. This is not enough documention under Rule 1002. Demand that they send a contract with your signature. You also have the right to see who has authority to collect your debt. Demand to have a copy of the contract between the Credit Card company and the new debt collector. Also verify if they are allowed to collect in your state. They need to have a valid business license to do this. If all of the documentation you have requested is submitted to you, you then know it is your debt and you will need to work with the collector. However if you do not think it is your debt (for various reasons) and you do not recieve the documentation you have requested. Keep sending validation letters until action is taken. The next step Farrell and Seldin will take is to send a court summons to your house. You then must answer all of the complaints through the court system. More then likely your case will go to court annexed arbirtration and this is when you can present your side and submit all of your documentation or lack of. You need to educate yourself on all the FDPCA and FCRA laws.
Are you a lawyer? I did not give legal advice I gave common sense advice. I just know that I researched the rules and laws and I educated myself and the system worked for me. If you read the whole paragraph you will notice that I did say if it is your debt you must take care of it. PAY IT OR DO A SETTLEMENT. And if you are on this blog to start an argument, then you won't get one from me.. Yes seek legal advice... but most lawyers won't handle these cases.
I merely suggested (common sense) that people check their credit report.. I also did not quote directly from the FDPCA or FCRA laws therefore I did not dispense any legal advise. I also suggested that people educate themselves on the rules and laws. I will always help people... so do not be afraid to ask for my advice... I will answer you off line but only if you are sincere and not trying to pick a fight. leave your email address next time
My advice to you and this is not legal advice-- MICA1755...is to not spend so much time on this site...
In response to my request for validation, I just got an affidavit that looks very vague. I'd like to get in touch with Blue Angel but am hesitant to put my email address on line. Would you pass this along for me? I want to contest their affidavit but need to know the best way.
They didn't attach anything from Cap One, except a notarized signature of someone who allegedly works for and has "knowledge of how they do business". The notary who signed is located in Virginia. The amounts due Cap One were as of December 2010... Alice N
I am of the opinion that if enough of us band together, we can create a class action law suit against these illegal practices. It is very clear reading the above, and my own experiences with Farrell & Seldin that they have violated Colorado Statute, Article 14 in a number of places. This Colorado law was expressly designed to prevent the kind of behavior that we have all experienced. If it is proven that attorneys have in fact violated the laws, they can be disbarred. For those of you who do not know, that means they will no longer be allowed to practice law in the state of Colorado. However, the only way this will work is if we all band together to demonstrate the harm we have been caused, and that the harm comes from the illegal behavior. Attorneys can also be disbarred for unethical behavior. This is actually a more difficult thing to prove, but I believe given the above pile of evidence, and the complaints I found on [redacted]s, there is solid evidence of a continual and wanton pattern of illegal and unethical behavior in violation of at least the CO FDCPA and likely the Federal FDCPA.
Let's find (or perhaps one of you already knows) a good attorney who will take on a class action case, and then lets all become plaintiffs in the case. While it would be nice to get $, what I really care about is ensuring that stories of single mom's being threatened with jail time, and their kids going into foster care cease happening from these pondscum. To me, it's the principle.
I'll send some email to those who have posted their emails here.
GB66 please e-mail me re Farrell & Selden, They filed a complaint last month. I found out through a mailing from credit counseling agency eager for money who watches the court system, I suspect. I have not been served. alicenewt@ymail.com - This is in NM though. I'm watching their every move and attempting to find out if they are licensed to collect debts here in NM.
Alice44,
That other person would most likely have been me. The statute specifically states that there exceptions to those who need to be licensed, but it is somewhat vague as to whether or not Farrell and Seldin must be licensed. I'm leaning towards that they do need to be licensed for all of the standard debt collector letters that they send out, especially the ones that say "Your case has not been reviewed by an attorney, " but I am not a lawyer nor am I intricately familiar with case the case law regarding when an attorney-at-law is legally considered to be acting as an attorney in the state of NM. If I find that I am correct, I will file a formal complaint both in NM and in CO.
Woops, that last post is in the wrong thread.
Has anyone finished your case with Ferrell & Seldin? How did it go?
this is to blue angel. I just want to thank you for taking some time to help those of us that have been harrassed by F&S. I had debts that accumulated and I was doing well to pay them off, when i got diagnosed with cancer. Not wanting my daughter to be left with these debts, I contacted a debt settlement company that "promised" to negotiate my debt to 40% which I could pay off over 3 years -- if I'm still around. it has been 2 years... i'm doing ok. this company told me that discover was settling at 10 cents on the dollar. 2 years later - they transferred my account to another company. so all of a sudden i got served by F&S. I keep checking with the court fo find out when this summons actually gets filed - i cant answer until they actually file. I'm trying to stay strong for this fight. i hope colorado has arbitration. I have until aug. 9 to file an answer.
I just wanted to let you all know I found a great free website with lots of valuable information on how to validate a debt, how to win in court, explain all the rules of FDCPA -- I'm going to read through all that I have printed off and put an answer together for the summons I received from Farrell and Seldin.
the website is www.creditinfocenter.com
I foundthem by doing a google for debt validation letter.