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About vientuzca

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  1. very true, nascar. they keep their lawyer in house but yes, it wouldnt hurt. they collector showed me on his computer screen that a case # had not even been generated in court; he says they negotiate time slots with the court and that's why they can serve summons with time/date but without case #'s, because they will only file once they serve you and don't get a response, I guess....
  2. well guys, it was a long day and I'm 1k short but hey, life goes on... went to meet up with the JDB, it's funny, he said to watch out for all the sharks out there, lol. the only thing that saved him was that I had already verified the ownership of my debt with the original creditor and original JDB. anyways, he took my cashiers check, made a copy then handed me the copy and then proceeded to write some stuff on the check, thus I interrupted him and said ' hey can you redo the copy so that I get an identical copy of what you wrote on the check?" he says 'well i can just write the same stuff on your copy' no - i replied - ' i want an identical copy!- then he got somewhat pi$$ed and said 'alright, alright'... anyways, this is what he wrote on the release letter: JDB, LLC 1/20/12 VICTIM A. SMITH RE: JDB LLC v Victim Original Creditor: T-Mobile Act # xxxxx Dear Victim: This letter is to confirm your payment to JDB, LLC, in the amount of $1050 to satisfy the outstanding account with the above named plaintiff. JDB LLC, will cease all collection activity, and you have no further financial obligation to the above named creditor for this account . Feel free to show this letter to any creditors inquiring about the account . if you have any further questions please contact our office, sincerely, JDB LLC
  3. wow, coltfan1972 you are awake also, great! well, i put some of your thoughts together including about stating that this debt is paid in full and final settlement along with some of my own, I am planning on hand writing that line on the check and also fax a letter this morning demanding that on the settlement letter that they are preparing, which I will be picking up in person, it should include the following...( I'm hoping I'm not pushing it and have them change their mind): JDB, LLC agrees that this settlement document written by a representative of JDB, LLC , and the acceptance of the settlement amount handed by Victim for the amount $1050.00 payable to JDB, LLC shall serve as written release of this alleged debt in its entirety, and consider this alleged debt as paid in full and as final settlement for all claims and demands, and further acknowledges and further agrees that: 1. The alleged debtor, Victim, is agreeing to this settlement while still not accepting nor recognizing this debt due to JDB, LLC having not provided documents that would irrefutably show in the form of a signature or made a specific reference that Mr. Victim ever incurred in this alleged debt. 2. JDB, LLC will stop and cease to desist of pursuing any further claims by any means, including third parties, original creditor, or in any court of law and will provide alleged debtor with copies of any court dismissal documents regarding the law suit claim (if filed) for which he was already served and summoned to appear in Victim's County Court on February 7th, 2012. 3. JDB, LLC agrees to remove on their own or at a future request of Mr. Victim of any public, court, or credit bureau records in reference to this alleged debt and also agrees to not enter any further public records, credit bureau or court records other than those to dismiss or cancel the law suit claim for which he was served and summoned to appear in Victim's County Court on February 7th, 2012. 4. JDB, LLC , further agrees, confirms and reassures alleged debtor, that the law suit claim for which he was already served and summoned to appear in Victim's County Court on February 7th, 2012 was never filed according to verbal statements made over the phone by Evil Rep (ext. 000 ) representative of JDB, LLC . 5. JDB, LLC further accepts that by agreeing to the terms of this settlement and the settlement amount of $1050.00, acknowledges, confirms and agrees that: a. This settlement agreement and settlement amount not only both serve as written release and evidence of the extinguishment of this alleged debt, but it is the extinguishment itself. b. JDB, LLC agrees to consider this alleged debt fully settled and extinguished and will consider the settled, unpaid balance portion of this alleged debt ($1652.35 as of the date of this settlement), to be extinguished and not attempt to consider it a gift, debt forgiveness or debt cancellation which could warrant a future tax liability and further agrees not to issue an IRS form 1099 C for the difference between the settlement figure and the alleged debt total balance because of the nature of the terms of this settlement agreement itself and also due to the fact that a full, itemized accounting of the alleged interest, charges and other fees were never validated or documented and presented to the alleged debtor, which therefore the debtor does not recognize as valid. c. Liberty Acquistions Servicing, LLC also agrees that by considering this alleged debt extiguished in its entirety, will not attempt to sell or transfer any portion of this extiguished alleged debt to another collection agency, the original creditor, or another entity or individual in any land.
  4. well guys, i called tmobile, they verified who they sold the account to, JDB #1, I called JDB#1 and confirmed they sold it to JDB#2... so I think I feel more reassured of making that settlement tomorrow in person and be done with it! i went to my bank they cut me a cashiers check: pay 1050.00 to the order of EVIL JDB SETTLEMENT IN FULL FOR A. CONSUMER VICTIM JDB ACT # 0000 TMOBILE ACT# 010101 thanks coltfan1972 el al for the brainstorming, another victim case solved!
  5. Update: another rep called me back and said: we received your letter and we accept your offer but i have to take the payment over the phone right now! I said no way, that i would bring the payment in person and that i would require the settlement letter to be explicit about dismissing the case, proving ownership of this debt, and compromiae not to sell this debt to another CA. So i guess im gonna go to my bank a have them issue a cashiers check stipulating that upon signing and cashing/depositing it they agree to accept it as payment in full for xxx account #, etc. I am also going to call t mobile and make sure these guys have ownership...anythig else?
  6. Coltfan, I understand that I might not have done the best... to be honest with you, I knew that as soon as I responded to them, I would be pretty much confirming where I lived which they used to file and summon me. If I had told my wife about possibly someone coming over, I couldve avoided being served, and yes, I would have felt to have more leverage with handling with these thugs, but with the way things are, I am having trouble finding out the right answer... I mean, I know I owe this, and WHAT IF I were to go to court and they in fact own the debt, and pay tmobile for additional proof, then what? do you think they may also reconsider taking the 1000 and call it good, meaning, are they also fearing that if we go to court, as meek, dumb and misinformed as I am, they may feel that I may have a chance of winning, based on what I wrote on my 2nd dispute letter?
  7. also, do you guys/gals feel that by offering a settlement I am admitting to the debt or restarting the clock of the SOL for this debt? Have they breached any laws because of them suing me while I was disputing this during the 30 day dispute period?
  8. thanks everyone (coltfan, bv80, hannibal) for responding. I still somewhat lost but not as lost as a couple days ago, thanks to you. so, yesterday it didnt go very well with the JDB rep, they refused to settle on 1050 and were adamant on collecting at least the original bal $1189. In the heat of the moment, (I know, I should have waited for your blessing ), after the phone call, I faxed a letter attn: to the guy that sent me the the chain of assignments, and this is what I wrote: Acct # xxxx Dear JDB, I received your assignor’s records on 12/22/11 concerning this account and also a copy of the cardholder agreement; but neither of these documents made specific reference to my name and the alleged original creditor account number. Also, I verified all credit bureaus and this debt does not even appear on my records as of 1/17/2012. I have also taken notice that JDB, LLC went ahead and served me and filed suit in my county while we were validating the debt in its entirety; which I still feel has not been fully validated due to the fact that the records I received from you did not provide clear proof that this debt belongs to me (signature, statements, etc.) and also the documentation provided did not show a full itemized accounting of the alleged debt and added interest, late charges and fees. With all things considered, and due to both time, and monetary restraints, I am willing to permanently settle this alleged debt at $1050.00 which I can make available in the next 5 working days, as long as the outstanding court case is dismissed and no public records are entered for this account, and remove any other bureau records that I may not be aware of. Please let me know at your earliest before the court date, and if agreed, please feel free to mail/e-mail me a signed settlement offer that I can also sign and mail back with payment. Thank you, Victim ----------------------- I wish I would have added that I would also require as Coltfan said, to have them compromise that they would not sell this debt to other JDB and that I would still require full proof of ownership of this debt before settling... What do you all think????
  9. Thanks again. well I received a call from them, and like you said, they got hungry and asked for a hundred dollars more, the original debt, that is. I told them that I could only do a 1050 in a week and that was that. she said that I could do a 1000 by the end of the month and the remaining 200 by next month but that incurr a public record and would continue to go through the court stuff... I said that didnt make any sense, that if I settled I wanted the suit dismissed and she said it all depended on how soon I settled with them before our court date in 3 weeks. Also, I did tell her (i think i shouldnt, but oh well) that this debt was not even on my credit reports, that they sent me an incomplete debt validation and that I was not sure why they would send me to court during my 30 day debt validation period. Her response was that 1. they did not control if the original creditor posted the debt on the bureaus, 2. that so far they just have the 'chain of command' debt proof and that they would later purchase from the original creditor whatever proof they need to fight in court, and 3. that they had the right to file a suit even during the 30 day period and that if I had any more questions that she could let me talk to one of her attorneys...yeah right anyways, i know i owe this debt, just not sure how risky it is to go to court and they being able to locate proof that I owe this debt to begin with... before we ended the call she told me to think about their final settlement offer and I also reminded her to have her 'person' (owner) reconsider my counteroffer ($140 less) which she had already told me earlier in the call that she wouldn't be bothering her guy for reconsideration!!
  10. thanks coltsfan1972... would you know how much time/visits a lawsuit would involve for something under 5K? also, are most courts that handle these suits allow for a jury trial?
  11. thanks guys,,, so I just found out tonite that this debt doesn't even appear in any of the three bureaus... as mentioned previously, I called and offered to settle at the original amount of the debt (40% of the outstanding bal.)... now that I checked my credit reports, I am wondering if I should even give that much (even though I know it's a legit debt, but I doubt they can get any real proof of this debt or validate/give full accounting of their inflated fees and interest...even in the discovery phase, that is. so, should I call them back and 'reveal' the fact that now I know this debt is not even showing, but then would I be giving them a heads up on this and alert them to file the debt to the bureaus before the court date? should i withdraw my settlement offer, offer less or just go to court?
  12. So I received a letter from a collection agency last month regarding a t-mobile collection they are pursuing. I wrote a letter to them saying: "I hereby dispute the validity of the alleged debt and any portion thereof; thus hereby request verification of the alleged debt and any other relevant information. " they replied back a few days later (while at the same time entering a summons at my local county courthouse) and just sent me a cover letter stating: 'the assignor's record show a balance of x.x.x on xx/2007 and as of the date of this letter you owe x.xx (more than twice) because of interest, late charges and other charges, etc."" Not only did they not provide a detailed accounting of all these interest and fees but I dont feel they validated even the original debt, they just provided: 1. cover letter 2. a piece of paper drafted on microsoft word with the name of the original creditor (t-mobile), name, ssn, account #, date acct was opened and amount due (as of charge off). this paper does not have any official letter head from the original creditor 3. an assignment agreement between an older debt collector and themselves with no written reference whatsoever to the 'original tmobile account #", just a mention of a transfer of some 'accounts' identified as 'Pools xxx and xxxx'... 4. a bill of sale and assignment agreement between the original debt collector and these guys, once again, no specific mention of my debt 5. bill of sale and assignment - between the original debt collector and tmobile - once again no specific mention of my original tmobile account and alleged debt 6. a copy of tmobile's terms and conditions - which is not only not legible but it does not show a signature of mine as mentioned, as soon as I responded to their letter, they swiftly went to court and filed a summons even while I was still trying to validate this debt, for which I received a response 7 days later after the suit was filed (per the date on the summons). I called them today and talk to a 'manager' gal who was nicer than most collectors and made a 20% reduction settlement offer. I counter offered with a 40% settlement offer which she at first declined but eventually said would pass on to the higher up.. I am wanting to find out how should I proceed if my offer is declined. if I have any ammunition on my side to fight either before the court date or in court because of what I feel is a very ambiguous validation of this debt... any suggestions welcome!