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About ChristineB

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    South Dakota

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  1. They haven't taken the step of suing me yet. Any suggestions on what I can/should do next? The amount they're seeking is a little more than $6,000.
  2. What's the best way to do this? Would I ask them to provide me with documentation to verify their ownership of the account? I completely understands the points made about payments on the account being enough to establish responsibility. Thanks for the clarification.
  3. I have a loan (still within SOL) that was sold to another company for collection a few months ago. That company has sent me verification of the debt in the form of the loan agreement and my payment history. The loan was initiated online, so there is no physical signature. The bottom of the loan agreement provided to me says that I acknowledged receipt of the agreement by checking the submit button and state that I have read and agree to the terms and conditions. It further says I acknowledge and agree that any digital or electronic signature represents my signature on the agreement. The loan agreement sent to me does not include a signature line or any mark claiming to be an electronic signature. Here are my questions... Is the act of clicking a button sufficient to eliminate the need to show an agreement was signed electronically? How would a collection agency prove to a small claims court or arbitration that a button was clicked (or an agreement was signed electronically)? It seems as though there would almost need to be an activity record that includes the IP address of a visitor, time of the visit, their actions (button clicks), and keystrokes (signature). Thanks to everyone in advance for your feedback and input.
  4. The debt collector didn't include the required FDCPA language in their notice to advise me of my right to dispute the debt within 30-days and receive verification of the debt. This is why I sent the letter a little late. I still gave myself a little wiggle room if I need to claim I responded to their notice within 30-days from the date I received it.
  5. I chose to wait a few days beyond the thirty-day mark to send the debt collector a letter by certified mail. My letter didn't include typical language for a dispute letter. I just asked if they would please send me copies of documentation involving the loan and the amount they claim is owed. If I want to use their failure to include the FDCPA-required language regarding the dispute/verification period to my advantage, I figured I shouldn't respond as though I already knew what my rights are. I want to see if they will go so far as to deny me my right to dispute the account and request verification. I'll let you know what happens.
  6. Thank you, calawyer. I'm actually in South Dakota now. I did open the account when I lived in California. One thing I know for certain is the fact that I'm nowhere near the expiration of the SOL. My last payment was made during 2016. Right now I'm not sure if I should dispute the debt within 30-days to protect my rights. Otherwise, the second option is to play dumb and pretend I had no idea I had to respond within 30-days to dispute the debt and request verification. I don't know if the second option carries any benefits
  7. I did look them up and they are legit. I know I have a balance remaining on the account in question. However, it's far, far less than they are claiming. This is why I wanted to dispute the debt and ask them for verification. Does the fact that the debt collector ignored FDCPA requirements help me? Does it make any difference?
  8. Yes. It's the first and only communication I've received from them. Their letter starts by saying they recently acquired the account from the original creditor. i haven't looked up the debt collector yet I'll do this tonight.
  9. I’m trying to find out what rights or recourse a consumer has when a debt collector fails to comply with the section of the Fair Debt Collection Practices Act (FDCPA) that involves US Code Section 1692g. This is the section that requires particular language in the initial collection notice to advise consumers of their right to dispute a debt within 30-days and receive verification of the debt. I recently received a letter from a collection agency that fails to include any language involving my right to dispute the debt. The letter does reflect the name of the original creditor and the amount they claim is owed. According to the FDCPA, 1692g, a debt collector’s initial notice must include language to let a consumer know about their right to dispute the validity of the debt, or any portion thereof, within 30-days from the date the notice was received. They must also include a statement indicating what steps they will take if the consumer disputes the debt within this time period. The collection letter I received states they are withholding further collection efforts for ten-days to allow sufficient time for payment arrangements to be made. If satisfactory arrangements are not made within this time, they said they will consider filing suit against me. There is no mention of my right to dispute the debt whatsoever. They are also asking me to call them to avoid additional expenses (attorneys fees, court costs, etc.) I've found a lot of information about debt collectors' responsibilities under 1692g. I just haven't been able to find anything about what can/will happen to a debt collector if they do not comply with this section. Should I go ahead and respond with a traditional dispute letter with a demand for verification of the debt within the allotted 30-days? I'm a little hesitant in case I do have some recourse and should play my hand a different way. If anyone is familiar with this, I'd be grateful for your input. Thank you!
  10. I wanted to add another question. Because this account is in collections, and a lawsuit hasn't been filed, would it be premature for me to request a copy of documentation that shows ownership of the account was transferred from GE Money Bank to Midland?
  11. I received a letter from Midland Credit Management today concerning a JCPenney credit card account I stopped paying after I lost my job in 2010. The balance on the account is more than $7,000, including Midland's fees. Last summer I sent a letter to Midland asking them to provide verification of the debt after I saw the account on my credit reports. It took seven months to receive their reply which included a copy of an old statement from 2010 showing when the account was charged off with a balance less than $6,000. I no longer have a copy of my credit card agreement. I also don't recall if the card was originally issued by MCCBG or GE Money Bank. (I'm not sure if this matters). The GE Money Bank agreements I found online for 2012 and 2013 state they're governed by Utah state law. I couldn't find an old agreement online for MCCBG. I'd like to know what my next step should be. Should I write back to Midland to say the information they sent wasn't sufficient? Are there any specific documents I should request? The last thing I want is for this to turn into a lawsuit. However, I have no way of paying even half the amount they are demanding. Moreover, if Utah is the governing state, the statute of limitations is six years. This leaves more than two years on the meter. Argh! Any help would be appreciated. Thank you.