Credithis

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Everything posted by Credithis

  1. You did the right thing by sending a DV directly to LVNV. This prevents them from assigning it out to other 3rd party collectors.
  2. You need to DV LVNV..., then they cannot allow further collection activity by their "hired gun" CA's. If you simply DV their outsourced CA's they can assign it ad nausem to others. LVNV is counting on you to not DV them. This is a Must when dealing with the Sherman dysfuntional families. It wouldn't hurt to put in your DV to LVNV all of their known dba's in your request. Also, I include the below verbage at the bottom of my DV. Notice to the Agent is notice to the Principle Notice to the Principle is notice to the Agent
  3. This is why you always DV LVNV along with the new collection agency. That way they cannot keep passing it around to other collection agencys. Now they would have to sell it off. If they passed it on to another CA to collect for them then, LVNV is the one in hot water.
  4. Actually this is very simple, You call the Collector and then record the preamble "This call may be monitored for quality assurance purposes" This is implied consent. This is the Companies method of stating that they can record you! This give you their consent for you to record.
  5. DV Portfolio directly CMRR, that way if they again assign it to another collector to collect for them, Portfolio is in violation of the FDCPA for deliberate continued debt collection activity. Its what i did to LVNV instead of a DV to their "assigned" collection agency.
  6. Here is the operative word, Continued collection activity after recieving a DV. You only need to DV once but, notice this: "Your account is seriously past due and must be paid in full. If suitable payment arrangements cannot be made, we have no other choice but to continue our collection efforts." Later it gives a fairly standard mini-miranda. Collectors are now trying to use the "Account Stated" theory in court. You must defeat this by again replying that you sent in a dV once and never had any dealing or account with the CA.
  7. Well, I'm glad I posted it then. Thought at first it blush some of it would be quite useful.
  8. Interesting PDF from EDELMAN, COMBS, LATTURNER & GOODWIN, LLC comsumer defense attornies! http://www.edcombs.com/CM/Custom/collectiondefense.pdf It underscores the need to strike JDB affidavits
  9. They are not required to validate after 30 days, however, they are still required to report the item on your credit report as in dispute.
  10. Actually, using your signature can be dangerous as some unscrupulous JDB's are known to lift it onto damaging documents. Simply place below your correspondance with them: Signature on record You in court can easily verify this by producing a drivers license or any other such document if needed. Remember, the burden of proof is on them and they are the ones that need to provide you with proof of the debt and if they have something with your siggy on it.