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Everything posted by ChristineB

  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.
  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
  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 a
  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 recal