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DCrane Law
DCrane Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 25285
Experience:  Successful consumer advocate.
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Im dealing with Farrell & Seldin, a Law Firm in Denver who

Customer Question

I'm dealing with Farrell & Seldin, a Law Firm in Denver who acts as a Collection Agency, suing me on behalf of Capital One for an unpaid balance. Regarding the original debt: when I became disabled in September 2004 due to PTSD from my Military service, I’d requested Capital One to enact the Disability Protection Plan. I received no further communication or statements from Capital One since my last payment on September 20, 2004.

Over 5 years later, I received my first letter from Farrell & Seldin, on March 9, 2010, attempting to collect on the debt on behalf of Capital One. Throughout the course of their pursuit of this debt, Capital One and its attorneys, Farrell and Seldin have violated the Fair Debt Collections Practices Act while attempting to collect on a debt that is not owed.

Their original Suit was dismissed and my original counterclaim was dismissed for failure to make a claim. I've been advised that I can now file a claim.

My credit and subsequent quality of life has been negatively affected. I’m attempting to file a Statement of Claim, but am unsure of the parameters of what is needed. Could you please clarify?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  DCrane Law replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Am I correct to understand that your claim is based on a violation of the FDCPA? If so, please describe the violation.
Customer: replied 2 years ago.
I. VIOLATIONS: Capital One and its attorneys, Farrell and Seldin have committed the Following Violations of the Fair Debt Collections Practices Act:

1. Failed to send a written debt validation notice
Within five days of the collector's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [15 USC 1692g] § 809(a)

2. Ignored written request to verify the debt and continue to collect
A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector's written notice. [15 USC 1692g] § 809(b)
• They took over 3 months to verify the debt
• The authenticity of the affidavit they provided is questionable.

3. Continued to collect on the debt before providing verification
After receiving your written dispute, the collector must stop collecting on the debt until you have received verification. [15 USC 1692g] § 809(b)

4. Continued collection attempts after receiving a cease communication notice
If you make a written request for the collector to cease communication, it can only contact you one more time, via mail to let you know one of the following: that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions. [15 USC 1692c] § 805(c)
• Mr. Morse mailed a cease and desist to Capital One on 10/07/09, again to Farrell and Seldin on 3/12/10.

5. Attempting to collect on a debt that has forgone the statute of limitations. The last payment made to the account was on 9/20/2004.

6. Harrassment and Coercion:
Farrell and Seldin continually communicated with Mr. Morse despite receiving a cease communication request, including attempts to provide legal advise to Mr. Morse, coercing him into accepting undesired pleas. (Voicemail Recording & Transcript attached)

THIS IS THE VOICEMAIL TRANSCRIPT ATTACHMENT:
This voicemail was left directly after a conversation between Mr. Morse and Farrell & Seldin, in which Mr. Morse ended the call by informing Farrell & Seldin to cease communication:

Yeah Mr Morse, I wish you hadn’t of hung up like that. The reason I’m calling is not to collect anything from you, I’m calling is to dismiss this Capital One bank account. Like I left a message for you regarding this late last week. Probably that’s what you want to do anyways, cause that’s what you have been filing and we are in agreement and concurrent with that. We’re all on the same side here. I sent you a copy of the motion to dismiss with prejudice for you to sign and I hadn’t ever heard anything back from you.

Looks like the court has denied your motion to dismiss and if we sign a mutual motion to dismiss, or stipulation to dismiss, The court will grant it, I’m positive.

So that’s the reason I’m trying to contact you, not to collect anything from you, but try to mutually get this dismissed as you would like. I’ll go ahead and attempt to send that letter to you regarding that

It’d be in everybody’s best interest to do so.

So, please give me a call.

Expert:  DCrane Law replied 2 years ago.
Thank you, XXXXX XXXXX alleges facts with sufficient specificity to be filed.Please let me know if you need additional guidance.
Customer: replied 2 years ago.
Hi, I will accept your answer in a minute, I just have a few more questions... The entire Statement of Claim is below. My questions are: 1. Do I need to be more specific regarding damages? 2. How would I determine a sum for damages? 3. The original claim against me was that Capital One was suing me, although the correspondence was entirely from Farrell & Seldin (a law firm, and I believe the current "owner" of the debt). Am I suing Capital One or Farrell & Seldin? Am I using their names accurately throughout? 4. Do I need a different "introduction" to the claim. Is this appropriate legalese? 5. I"m going to file this tomorrow, are you sure there's nothing to improve? County Court, ARAPAHOE County, COLORADO Court Address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXX-XXX-XXXX Plaintiff(s): CAPITAL ONE BANK (USA), N.A. Defendant(s) MICHAEL XXXXX Attorney or Party Without Attorney (Name and Address): Michael XXXXX XXXXXXXXXXXXXXXXXXXXXXX Phone Number: Case Number: Division: 202 Courtroom: STATEMENT OF CLAIM Order Before the Court to file a Statement of Claim against Capital One Bank: I submit the following claim to attempt to receive compensation for the negligent and harassing actions of Capital One while attempting to collect on a debt that is not owed. I. VIOLATIONS: Capital One and its attorneys, Farrell and Seldin have committed the Following Violations of the Fair Debt Collections Practices Act: 1. Failed to send a written debt validation notice Within five days of the collector's initial communication, it must send you a notice include the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [15 USC 1692g] § 809(a) 2. Ignored written request to verify the debt and continue to collect A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector's written notice. [15 USC 1692g] § 809(b) • They took over 3 months to verify the debt • The authenticity of the affidavit they provided is questionable. 3. Continued to collect on the debt before providing verification After receiving your written dispute, the collector must stop collecting on the debt until you have received verification. [15 USC 1692g] § 809(b) 4. Continued collection attempts after receiving a cease communication notice If you make a written request for the collector to cease communication, it can only contact you one more time, via mail to let you know one of the following: that further efforts to collect the debt are terminated, that certain actions may be taken by the collector, or that the collector is definitely going to take certain actions. [15 USC 1692c] § 805(c) • Mr. Morse mailed a cease and desist to Capital One on 10/07/09, again to Farrell and Seldin on 3/12/10. 5. Attempting to collect on a debt that has forgone the statute of limitations 6. Harrassment and Coercion: Farrell and Seldin continually communicated with Mr. Morse despite receiving a cease communication request, including attempts to provide legal advise to Mr. Morse, coercing him into accepting undesired pleas. II. DAMAGES are being sought for the following: 1. Compensatory Damage: Unable to cosign on home refinance, forced into higher rate than otherwise would have been available. 2. General Damages: Pain & Suffering, this harassment has had serious documented mental damages to Mr. Morse, as documented by his Department of Veterans Affairs Psychiatrist Eric Whyte. 3. Punitive Damages for the willful violation of the FDCPA Therefore, the Defendant requests that this honorable court allow this Claim be brought to trial. Dated this 20th day of April, 2012.
Expert:  DCrane Law replied 2 years ago.
1. Do I need to be more specific regarding damages?
You should state a number, and "such other relief as the court may deem appropriate." you do not. Ultimately the court will determine the appropriate measure and reward of damages.
2. How would I determine a sum for damages?
In all honesty, this is not an exact science and attorneys sometimes select a number rather arbitrarily knowing that the court will determine the true sum.
3. The original claim against me was that Capital One was suing me, although the correspondence was entirely from Farrell & Seldin (a law firm, and I believe the current "owner" of the debt). Am I suing Capital One or Farrell & Seldin? Am I using their names accurately throughout? You would be suing the law firm, not the credit card company.
4. Do I need a different "introduction" to the claim. Is this appropriate legalese? It is appropriate.
5. I"m going to file this tomorrow, are you sure there's nothing to improve? The damages section could be more specific.
DCrane Law, Lawyer
Satisfied Customers: 25285
Experience: Successful consumer advocate.
DCrane Law and 7 other Consumer Protection Law Specialists are ready to help you
Customer: replied 2 years ago.
CAN YOU PLEASE REMOVE MY ADDRESS FROM THIS FILING SAFTEY FIRST
Expert:  DCrane Law replied 2 years ago.
I will alert customer service, thank you.

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