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Mel Harris & Associates

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Reviews Mel Harris & Associates

Mel Harris & Associates Reviews (2)

Review: I was never contacted prior to a Public Record judgement appearing on my credit report. Over the years have made several attempts to contact the 'LR CREDIT LLC 18" branch of their business, which often go without any response on their end. The last time I was able to chat with someone on the phone was over a year ago, and I'm still waiting for a settlement or payment plan offer details that were promised. They also cannot tell me who the originator of the debt is, so there is no way to validate the debt that I have been offered. I did also attempt several times through each of the three main credit check companies, to dispute the debt.Desired Settlement: Information/Advisement to remove from credit report/resolve. (thanks!)

Review: I received a call from Mel Harris and Associates stating that they are a collection agency and are trying to attempt to collect a debt from me. I nicely asked the VERY rude associate that called for the original paper work from the original lender to be mailed to me, she replied with a very rude tone of voice "you are not entitled for this type of service" and stated that since my loan was in court judgement that I will need to visit my local court to provide this information. All I am asking for is the original paper work mailed to me that Mel and Harris and Associates should have.Desired Settlement: All I am asking for is a copy of the original paper work from the lender they are collecting the funds from.

Consumer

Response:

At this time, I have not been contacted by Mel Harris & Associates LLC regarding complaint ID [redacted].

Sincerely,

Business

Response:

Dear [redacted]:

Please accept this as a response to the above complaint of [redacted] (hereinafter "the complainant") against MEL S. HARRIS AND ASSOCIATES, LLC. (hereinafter "MSH").

All documents referenced in the below response are readily available should The Revdex.com require them. Due to the Revdex.com's policy of publishing complaints, MSH has left out these documents so as not to disclose personal information of the complainant to third parties.

The complainant alleges that MSH refused to provide him with the original paperwork from the original lender and requests that MSH provide him with such.

Mel S. Harris and Associates, LLC is a law firm with a practice primarily limited to debt collection. In this matter, MSH received HOUSEHOLD - [redacted] account number [redacted] from our client, LR CREDIT 11, LLC for collection. MSH also received [redacted] (USA) NA account number [redacted] from our client, LVNV FUNDING, LLC for collection. This response is based on my review of the electronic activity files, documentation received and scanned by MSH, and documentation generated by MSH. All of the aforementioned files and documents are maintained in the ordinary course of operations.

MSH, as attorneys for plaintiff, received these matters by way of an electronic file. Among other things, these files indicated that

HOUSEHOLD - [redacted] account number [redacted] and [redacted] (USA) NA account number [redacted] had accrued

in the name of [redacted]. These files indicated [redacted]'s last known address, date of birth, and social security number.

On 10/**/06 MSH sent a validation letter to complainant regarding his HOUSEHOLD m[redacted] account number [redacted] On 4/*/08 MSH sent a validation letter to complainant regarding his [redacted] (USA) NA account number [redacted]. Both of these letters informed complainant that each respective account was placed with this firm for collections. These letters informed [redacted] of his rights under the FDCPA to request validation of the debt within thirty (30) days of her receipt of the letter.

MSH never received any notice of return mail on either of these letters. Complainant failed to respond to either of these letters.

After the time for validation request expired, an attorney reviewed these matters and issued a summons and complaint on both accounts. On 12/**/06, MSH effected service of the summons and complaint on [redacted] regarding his HOUSEHOLD - [redacted] account number [redacted] and on 3/*/09 MSH effected service of the summons and complaint on [redacted] regarding his [redacted] (USA) NA account number [redacted]. Additional copies of the summons and complaint were mailed to complainant as well.

Thereafter, [redacted] failed to file an answer to either summons and complaint, and MSH submitted a request to the clerk of court for judgment entry. On the HOUSEHOLD - [redacted] account number [redacted], judgment in the amount of $7,699.45 was entered on 6/*/07, and notice of such was sent to complainant. On the [redacted] (USA) NA account number [redacted], judgment in the amount of $920.70 was entered on [redacted], and notice of such was sent to complainant as well. Once again, MSH never received a notice of return mail.

On the HOUSEHOLD - [redacted] account number [redacted] , complainant called MSH multiple times in order to resolve the matter. Initially, upon receipt of the summons and complaint, complainant contacted our office and requested a stipulation of settlement. Upon information and belief, this agreement was sent to complainant on 12/**/06 but never returned. After Judgment entry, MSH established an income execution and levied funds from complainant's wages, posting funds to his account between 8/**/08 through 7/*/09. At no time during the wage garnishment did complainant contact MSH to dispute the underlying debt or inquire as to why his wages were being garnished. Thereafter, in an effort to enforce its validly entered judgment, in May of 2013 MSH froze complainant's Bank of America bank account and complainant contacted MSH to resolve the hold. A conditional release was entered into by both parties in which complainant agreed to have $800.00 from the restrained account sent to MSH in consideration for MSH releasing the hold on his account. Upon information and belief this agreement was signed by complainant at his bank as $800.00 were sent to MSH by Bank of America. Complainant also agreed to enter a payment arrangement for $150.00 a month towards the remaining balance on this account. An agreement was sent to complainant but was never returned nor honored by complainant.

On the [redacted] (USA) NA account number [redacted], after judgment entry, MSH successfully froze complainants Bank of America account. In March of 2010, complainant and MSH entered into a conditional release agreement where complainant agreed to send MSH $500.00 from his restrained account in consideration for MSH releasing the restraint on his account. Aroundthe same time of the conditional release, complainant also agreed to pay off the remaining balance on this account and an agreement was sent to complainant, which was never returned nor honored. In May of 2013 complainant contacted MSH and agreed to pay off this account balance in $50.00 monthly installments. An agreement was sent to complainant but was never returned.

Thereafter, on or around September **, 2013, MSH received the instant complaint.

As chronicled above,MSH has acted honestly and ethically in attempting to collect on both of [redacted]'s accounts. Over the past seven years MSH has entered into numerous settlement discussions and agreementswith complainant, most of which complainant chose not to honor. Now, all these years later and after complainant has made payments on both of these accounts, does complainant choose to request the underlying documents of the original creditors.

While the FDCPA does require a validation letter to be sent to any debtor prior to collection activity may commence ( see 15 USC 1692g), the statute gives a debtor thirty days to dispute the debt or otherwise request validation before

the debt is presumed valid. Validation letters were sent on both of theseaccounts and complainant failed to request validation or otherwise dispute the debt at that time. In fact, the complainant waited over five (5) years to request such documents, well beyond the 30 day period required under the FDCPA. Now, after all these years have passed, after the time to request validation has elapsed, after entry of judgment has occurred, and after the negotiation and execution of numerous agreements, does complainant request original documentation on these accounts. This request is simply unreasonable at this juncture and MSH is under no obligation to oblige complainant in his unreasonable requests for documentation on these accounts. This is particularly true where complainant has negotiated so many agreements on the two accounts referenced above.

If complainant would like to finally resolve these legal matters and satisfy the judgments entered, MSH is and has always been willing to come to an amicable resolution of these debts, as evidenced by the numerous agreements attached herein.

Due to The Revdex.com's new policy of posting complaints and responses on their website,

in order to avoid violation of 15 USC 1692(c)(b)'s

prohibition against disclosure to third parties, MSH has redacted all personal

information from this response. Furthermore, MSH is not attaching any documents referenced in this letter. If additional documents are required by the Revdex.com in order to supplement the response herein, MSH will provide such documents after proper assurance is made that such documents will not be made public.

I hope this response adequately addresses the complainant's concerns. Please contact [redacted] (Ext [redacted], email [redacted], direct fax ###-###-####) if you require anything further. Thank you for your attention to this matter.

Very truly yours:

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Description: COLLECTION AGENCIES

Address: 5 Hanover Square, 8th Floor, New York, New York, United States, 10004

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www.melharrislaw.com

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