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dvintexas's Achievements

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Advanced Member (3/6)



  1. I'm currently dealing with Main Street. I'm pretty sure Mercantile is an affiliate of Main Street and Mercantile does not respond to DV requests. Chances are they'll just let it drop and send it on to another CA. This is what happened to me and neither DV request was answered. Their 3rd attempt was the firm I'm dealing with now and I never got a response from them either but they filed suit. Yesterday was the hearing on their MSJ. In addition to voicing my objections to their exhibits, I also fought them on the JDB's failures to validate within the 30 days required under Texas law and failure to cease collection. Their attorney argued that the DV failures were outside the scope of the case but I had made sure to include them in my affirmative defenses and pointed that out to the judge. The judge denied their MSJ.
  2. Thanks for responding. As to the 3rd CA, I have not yet sent a VOD/dispute letter. I just received their dunning letter yesterday. But my thinking was that this would be considered continued collection by the JDB after the 2 prior requests to the JDB's CA's were ignored. Hoping someone can shed some light on this for me.
  3. I sent VOD/dispute letters to 2 different CA’s (collection agency in August, 2010 and an out of state attorney in May, 2011) collecting for JDB (Main Street Acquisition) and received no response from either CA. I disputed the account with all three CRA’s but they claimed the JDB verified. Yesterday I pulled my annual free copy of my credit report from Experian and the JDB has continued to report the account but it has not been marked disputed. I can only assume the same thing may apply to the other two CRA’s but I haven’t pulled my reports as my year for getting them free isn’t up yet. Yesterday I received a dunning letter from a 3rd CA (this time an in state attorney) collecting for the same JDB on this same account. Do I have violations for continued collection after not validating and for reporting without marking disputed?
  4. Thanks. I thought it might be 30 days or so but wanted to make sure. I'm definitely safeguarding that letter!
  5. I sent a DV letter to Midland back in October. Today I received a letter from Midland stating that they have instructed all 3 credit reporting agencies to delete their account from my credit file. I was pretty surprised to get this response but am definitely happy. How long should I wait before asking the credit bureaus to verify that the Midland account has in fact been deleted from my files?
  6. Congratulations on your win! I just lost a summary judgment with Equable this past Friday. Had a judge who just takes whatever the other side presents at face value and ignores all the case law regarding hearsay.
  7. Dealing with this myself as Equable was just granted summary judgment against me this past Friday. It sucks when the judge is not a lawyer and just takes what plaintiff's counsel tells them at face value. From what I've been able to glean from the Texas Rules, the plaintiff cannot execute the judgment until 30 days after the date the judgment is granted by the court. This is the time period in which you have to file a notice of appeal if that's the way you want to go.
  8. I guess my first question needs to be will the court automatically cancel the DWOP hearing once the JDB's MSJ is filed (as of this morning it is not showing up--was mailed on the 20th)? Next--I have already prepared a draft Objection to MSJ and need to get it in final form. In July the Texas AG filed suit against Midland for its robo-signing affidavit practices. The affidavit included with the MSJ for my case was signed almost a year ago, which leads me to believe it's robo-signed. At this point does the pending Texas case against Midland have any bearing on my case? Should I move to strike the affidavit on the basis that it is old and/or robo-signed? The JDB's attorney attached an affidavit for his fees but the affidavit is not notarized. How should I address this? Thanks in advance for any help you can give.
  9. Cap 1 USA and Cap 1 are defninitely two separate entities, both federally chartered and regulated by the Comptroller of the Currency. Unless there is some regulation or statute that treats affiliates of the OC as the OC then it would appear that Cap 1 should be considered a debt buyer and not an OC. If the attorney ends up filing suit I will be interested to see how this is dealt with in the petition.
  10. I do realize that the lawyer was hired by Cap 1 and that makes him a debt collector. But what I'm trying to determine is whether or not an original creditor's affiliate who is shown as the owner of the debt is a considered a debt collector subject to the FDCPA.
  11. The letter from the attorney clearly makes a distinction between owner and original creditor. In the re: portion of the letter he lists the "OC" as Cap 1 USA and the party that the "unpaid account is owed to" as Cap 1. In the body of the letter he states that the owner and holder of the account is Cap 1. That indicates to me that the OC is no longer the owner of the account and that now it is owned by its affiliate. One area I do have knowledge in is corporate transactions. Companies do transfer debt between affiliates. That's why I think it's important to pin down what a transfer to an affiliate means with regard to an affiliate's standing for collection purposes and whether the affiliate, as an assignee, would be subject to the FDCPA.
  12. Today I received a dunning letter from Michael J. Scott for a Cap 1 account. The letter states that they represent Capital One, N.A. The OC is listed as Capital One Bank (USA), N.A. However, it says the "unpaid amount is owed to" Capital One, N.A. My understanding is that these are two separate entities who are affiliates. Has anyone run across this situation with a Cap 1 account? Does it mean that Cap 1 USA, the OC, assigned or sold the debt to its affiliate Cap 1, which would mean that the debt is no longer owned by the OC thereby making Cap 1 a debt collector subject to the FDCPA?
  13. The 713 was a typo on my part. The area code is 714 and reverse lookup I used shows the number to be a Tmobile cell number in Anaheim, CA.
  14. You're probably right. It's just such a weird coincidence that both are from Anaheim.
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