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Sweetwaterfan last won the day on March 21 2016

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  1. The CFPB got after Encore and PRA in 2015 for illegal collection practices excerpts from http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ . This is exactly what happened in my situation because I already disputed and DV'ed Pentagon before Joe Pezzuto was assigned the account and I have yet to receive an answer from either while they continue collection activities. Other Illegal Collection Practices Encore farmed out disputed debts to law firms without forwarding required information: In numerous instances, Encore assigned disputed debt to law firms and third-party debt collectors without informing them that the debt was disputed. As a result, law firms evaluating Encore accounts for litigation did not know which accounts were disputed.
  2. the amounts aren't that much CACH is $3300 it would be nice to make them go away I will consult with an attorney to see if someone wanted to take this on.
  3. That is interesting so based on this the JDB can hire as many CA's as they want but the initial communication through Pentagon was DV'ed and never addressed. If CA #2 comes along, who potentially violated the FDCPA, CA #2, the JDB or both?
  4. That is interesting so based on this the JDB can hire as many CA's as they want but the initial communication through Pentagon was DV'ed and never addressed. If CA #2 comes along, who potentially violated the FDCPA, CA #2, the JDB or both?
  5. PRA filed in 2012 and I managed to get them to withdraw, I also beat CAP1 on 4 different accounts and Barclays. I don't think they will try again. Maybe but I think through Hanna and Assoc they were just trying to get a quick win on a default or consent judgment. They probably won 40-50 cases on each day I went and all I did to win was answer and show up. There is less than one year to SOL and so far the judges have been pretty neutral.
  6. Sounds like I'd be better off waiting them out and keeping this as ammo for counter claim in case of a lawsuit. I just signed a 2 year lease with a 2 month lump sum for an out if I can get my CR cleaned up and can find an acceptable home or at the end of 2 years everything will fall off anyway. I have no OC's left just JDB's. This is the 1st account I went after and I have 4 other collections a PRA, LVNV, another CACH LLC and a Pinnacle. Not looking promising.
  7. All letters to me claim that the CA was hired by CACH LLC they have the amount and OC name and account #
  8. How can you enforce the law with regards to CA's acting badly if you can't beat them at their game using FDCPA. Is there anyway to develop a paper trail that can be used against them in court or is it always a he said/ she said thing?
  9. So it sounds like CACH is responsible for the conduct of their attack dogs and since I DV'ed them through Pentagon with no correspondence from them directly can a case be made that they are violating FDCPA for continuing collection activities without responding to the DV or is what clydesmom says that a subsequent demand letter with all the particulars will suffice as verification? I used Dan Dewoskin for a case where CAP1 served my minor child and he got it reversed back in 2012, I'll see if he can help are there any other suggestions for legal counsel in the Atlanta area?
  10. Yes I sent all letters CMRRR and have the paper trail down each road. The first letter from Pezzuto was July 6, 2013 and I responded by July 28. His letter says previously this office sent you a demand letter and since you didn't respond we will assume that this debt is valid. I don't have any previous demand letter from Pezzuto, just the July 6 and 4 more.
  11. my mistake the letter yesterday with the bank statements was from PRA on a different dispute. I struck out the reference on the previous post. I did get another work it out letter from Joe Pezzuto though so 4 communications to this point without a DV
  12. I'm assuming Pentagon was the first hired since they sent the first dunning after charge off. Their letter had the "answer in 30 days or we will assume its valid" language in it. Charge off was November 2011, the letter from Pentagon was dated March 2, 2013 and my CMRRR was dated March 12, 2013 and states that your claim is disputed per 15 USC 1692g sec 809b and validation is requested. Pentagon never responded but then I get a letter from Joe Pezzuto on July 06, 2013 acting as if he sent the letter and I never responded. I sent the same letter to him that I sent to Pentagon on July 28, 2013 CMRRR and he has now sent me 2 more letters asking for payment. Is notification to one legally the same as notification to all? can CACH LLC just keep hiring one after the other and send out countless dunning letters until they get one to say you didn't respond and then start harassing you? I disputed the trade lines on my CRs in Dec 2015 as not mine, they came back validated. After starting this thread yesterday I received 2 more letters, the first says that in response to my recent dispute they are providing documentation. There are 2 billing statements Jan 2011 and Sep 2011 from a USbank card. The 2nd letter is another "lets work it out" letter. SOL is 6 years here in GA so its up next year and all derogs fall off jan-feb 2018. Thought I might get a head start on cleaning up but maybe its better to leave the sleeping giant alone.
  13. After looking at it closely, the July letter says " as you aware, we represent CACH" and "because you did not dispute we now assume that the debt is valid" however they never sent me the 30 day letter only Pentagon. They are acting like they sent me a 30 day letter. I have proof of my response with CMRRR but they have nothing but their word they sent it and I have all the other letters pentagon, pentagon DV, July 6th and DV, and 2 subsequent letters. Not sure what I can do.
  14. For those in the know... I wonder if you could help me understand something. I have a collection on my Credit report from CACH LLC from Dec 2012 They hired Pentagon Financial , LLC who sent me a Dunning letter in March 2013, I sent a DV certified within 2 weeks. No response. Later I get another Dunning from Law Offices of Joe Pezzuto. July 2013 and respond with a DV, again, no response. I subsequently received 2 "lets work it out" letters from Joe Pezzuto in April 2015 and recently Feb 2016. My question is, are these violations of FDCPA? Is this continued collection activities? Should I have sent a DV to CACH LLC directly as well? Is a DV to Pentagon or Joe Pezzuto the same as a DV to CACH?
  15. I have never seen an actual bill of sale, its interesting but makes sense that the OC's want to include the disclaimer so they dont get dragged into court. I recently had a JDB respond to a DV by sending a certificate of assignment and a business record affidavit signed by the JDB custodian and an unsigned account information report but not a bill of sale from the OC...this must be their strategy to hide it as long as possible.
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