Search the Community

The pre-trial meeting for a debt collection is coming up shortly and the attorney for Cavalry SPV has provided the discovery, which includes the following: As per the suit, the Citibank account was opened in 2006 1.) EXHIBIT A: A typewritten cover page (no letterhead) with only the last four digits of the credit card account, dated 5/8/2016 and an address that I have never used for any financial account (This address also does not match the statements they provided). 2.) Exhibit B: They provided a generic credit card agreement, which is dated July 2013. Note: The account was opened in 2006 3.) Exhibit ? Cavalry provided a copy of a letter they stated was sent to me in October 2017 ....I have no record of this letter. 4.) Exhibit ? Cavalry provided a data drop, which shows the account number and a lot of other details, which would not make sense to someone who does not know the coding, but what I pulled from the report was: A) Application date: 2006 B.) Signature Indicator = Y C.) Electronic Signature = N D.) Two other account numbers were stated in the data file, as well. 5.) Exhibit E: This exhibit included the Assignment from Citibank NA to Cavalry. A.) The Affidavit of Sale states 'On or about March 30, 2017, CBNA sold a pool of charged off accounts. B.) Affidavit of Sale was signed: April 12, 2017 (C.) Bill of Sale was dated: March 30, 2017 (D.) Purchase and Sale dated: 3/28/17 (E.) Bill of Sale further states: 'Accounts described in Exhibit 1' Note: I received Exhibit 1, which states a Purchase date of 8/1/2017 ****I live in Massachusetts and the debt collection regulations are as follow: 940CMR 7: If the debtor, or any attorney for the debtor, notifies the creditor in writing within the 30-day period described in 940 CMR 7.08(1), that the debt, or any portion thereof, is disputed, the creditor shall cease collection of the debt, or any disputed portion thereof, until the creditor verifies the debt and provides the debtor, or any attorney of the debtor, by first class mail, the following materials: (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected; (b) A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law; (c) The name and address of the original creditor, if different from the collecting creditor; and (d) A copy of any judgment against the debtor. Pursuant to 940 CMR 7.08(2), the creditor must provide those materials described in 940 CMR 7.08(2)(a) through (d) which are in the possession, custody or control of the creditor. If the creditor does not possess, have custody of, or control the materials described in 940 CMR 7.08(2)(a) through (d), the creditor shall cease collection of the debt until the creditor has made reasonable efforts to obtain the necessary information and provide this information to the debtor. https://www.mass.gov/files/documents/2017/09/13/940cmr7.pdf Question 1: Based on 940CMR 7 above, 'Section (a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected' DOES THIS MEAN THE CREDITOR NEEDS TO PROVIDE ME WITH A SIGNED ITEM, in order for this to be a valid lawsuit? Question 2: Since the date of the Bill of Sale states a purchase date of March 30, 2017 and their Exhibit 1 states a Purchase date of 8/1/2017; is the suit invalid? Question 3: The attorney for the debt collector sent me a pretrial memorandum. I am not 100% sure how to complete the memo, since they want me to consolidate it into one memo. Do I provide them with my findings above or just state that the validation of debt is invalid? I really hope someone can help me with this. I have to get the memo back to the plaintiff on Monday. Thank you in advance.

Hi I am being sued by Midland through an attorney in Georgia. I never received an initial letter. I was served March 1, 2018 and was totally surprised because I never received anything stating that I owed Midland. I called the court and they stated that they filed but hadn't submitted the server confirmation yet. I have until the end of March to reply. I did have an account with the bank but it was written off. 3 different DC owned the alleged account before Midland. They sent me the attached bill of sales with certificate of conformity and 3 copies of old credit card statements without my name and a fact sheet with my name address total due. The bill of sales do not have my name on them. They show that they bought a bundle of accounts. I need help, please! I downloaded a copy of the answer form from the court. Should I answer with deny and/or should I motion to dismiss for a lack of information and the fact that there was no initial communication? I'm a 57 year old nervous Reck! PLEASE SOMEBODY HELP ME! 1. Who is the named plaintiff in the suit? Midland Funding LLC assessor in interest to Credit One Bank NA 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? OVER ONE THOUSAND 4. Who is the original creditor? Credit One Bank N.A. 5. How do you know you are being sued? I was served. 6. How were you served? In person. My husband received it. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I never knew of Midland until the lawsuit. I haven't responded yet to the lawsuit. I have until March 30, 2018. 9. What state and county do you live in? Georgia Gwinnett County 10. When is the last time you paid on this account? 2016 11. When did you open the account? 2012 12. What is the SOL on the debt? 4 years 13. What is the status of your case? claim filed Feb 8, 2018 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No, because I never received anything regarding this debt until March 1, 2018. 16. How long do you have to respond to the suit? March 31. 17. What evidence did they send with the summons? Affidavit stating that they bought a bundle of accounts. They attached 2 bill statements: One for 2016 and One for 2017. They also had a field data attached. The suit just claimed the defendant is indebted to the Plaintiff as follows: Owe the principal amount $1,xxx.xx, subject to a credit for payment in the amount of $00, plus pre-judgement interest at the rate of 7% from charge-off date through judgment date, plus post-judgment interest at the statutory rate and all costs (Court costs subject to Court approval) of this action. Midland Funding LLC purchased this account. The original credit grantor is Credit One Bank, N.A. the original account number is xxxxxxx6969. All exhibits attached hereto support the foregoing allegations and by reference are made part of this Statement of Claim. That said claim is in the amount of: XXXXXX principal was left blank interest, plus $117.00 cost to date and future cost of this suit. State of Georgia. It was sworn Jan 22 2018 Notice and Summons was stamped Feb 19, 2018. It said Plaintiff made a claim and is requesting judgment against me and that I needed to present an answer. CLAIM STATED.pdf

Received a collection letter from collection agency. It is for medical. It is addressed to my ex's husband first name, my first name, my last name. It says Your account with Dr.xxx has been forwarded to us for collection. so, not sure if they purchased the debt. Should I send it back saying no such person lives here? Thanks

I received a bill from Portfolio Recovery Associates in the amount of $300.00. I have read a lot of threads on here, but there are many different ways in which people are sending these junk debt collectors debt validation letters. Can someone please tell me, should I make it a simple letter- just ask for verification, or should I go in depth with all the Federal laws, 15 U.S Code 1692g, etc... I am also being sued by them for collection of another credit card bill. I am trying to address this 2nd bill before they follow with a law suit. I am also a disabled veteran, and my sole source of income is my VA disability payments. I have also stated that on the original answer for the 1st lawsuit, and am thinking of putting that on the debt verification letter for the 2nd credit card. Any info and help is greatly appreciated!

I had a charge on my credit report that I asked to have validated by the collection agency. I sent it to them with request to do so, and they have failed to deliver the validation by mail. I sent it by priority mail. No response back and the account is still showing on my ccreport. What legal actions can I take so that the credit bureaus take it off. I dont know how to approach this now. Its affecting my credit score. Thank you

I had a charge on my credit report that I asked to have validated by the collection agency. I sent it to them with request to do so, and they have failed to deliver the validation by mail. I sent it by priority mail. No response back and the account is still showing on my ccreport. What legal actions can I take so that the credit bureaus take it off. I dont know how to approach this now. Its affecting my credit score. Thank you

Hello I have been sending validation letters out and they have been coming back with an original statement from the creditor however the address is wrong ive never lived at those addresses and and these accounts defiantly are not mine i don't know what the next step is in proving these accounts are not mine any help would appreciated could i ask for more information in proving its mine? or do i pretty much have to bite the dust

Attached is my rough draft of a DV letter that references the TEXAS FINANCE CODE, I've pieced it together from this and other forums examples, trying to cover all my bases so I don't end up screwing my chances of getting this collection removed. I would appreciate any advice to improve it that anyone can offer. collection.docx

I'm trying to clean up my credit, I have 4 open collections. All together they add up to only around $2100 and I had planned on just paying them off over the next 6 months in full. but recently my score via credit karma took an unexpected plunge by -75 points it says it was do to the 2 oldest of the collections changing the "last reported" or "date updated" date to 28 august 2015. Both these collections are currently owned by Transworld systems. In a panic I began searching the web for answers on whether this was legal and what I could do to possible fix my credit in a hurry. In the process I learned that paying off these collections like I had planned was probably actually the worse thing I could have done for my credit. I'm looking into other more favorable options. My questions is should I attempt the validation letters I have been hearing about or should I jump straight to a pay for delete attempt? is it to late for a validation letter to help me? Also, all collections are past their SOL but not the 7 year fall off. The collection agencies are not attempting to contact me as of yet just reporting on my credit.

Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking about...no reference numbers or anything. I did recently do requests for verification with all 3 major CBs. Anyone seen this sort of thing before??

In March of 2013 I had received a letter from Midland MCM for an alleged debt. I in turn sent a certified debt validation letter to said company. A few days later I got a letter back from MCM stating that based on the information they would remove all MCM activity from all three major credit reporting agencies. Also they Never provided any debt validation. I looked at my report and they looked at my report in December of 2013 for "collection" reasons. I am wondering how they can still do that after the letter they sent me and also not giving me debt validation as well per the 30 days on my letter. I assumed after they stated they would no longer be reporting on my credit , why are they still hard hitting it?

First off thanks for reading my post. Like many of us have experienced 2008 was a HORRIBLE year. Lost my decent paying job down to nothing for a while then making half of what I was before. Did what many people did and that was max out my credit cards, tried to keep up with the minimums for a little while then couldnt afford that. Went into collections and then I stuck my head in the sand, I pulled my head out once with debt consolidation for a few months in 2009 and couldn't afford that either. I have had my head in the sand ever since because none of the collection agencies were willing to accept what I could afford to pay them. I pulled my credit report since I got declined from a job almost immediately after my background interview. Then I found this web site. I noticed on my report that all of my credit card debt lists "charge off" and appears under something else with a collection agency. I am assuming that means it was sold to a junk debt buyer. An example of what is on my report. Original Creditor: Capital One Payment Status: Charge Off Account Type: Credit Card Credit Limit: 500.00 Date Open:6/1/2008 Last update: 8/1/2009 New Creditor: Portfolio Recovery & Affiliates Payment Status: seriously past due date/ assigned to attorney, collection agency, or credit grantors internal collection department Account type: collection account Balance $1284 Date open: 02/01/2013 Last Update: 05/01/2013 So I know the statute of limitations on revolving debt in Idaho is 4 years. I believe this one can easily be fought since I quit paying on that prior to 8/1/2009. One of my main questions is can I still do the validation process after the 30 day period as stated in the law? I have a few other things on my report that are just as similar to this example. any advice would be great!

I have 5 Collection Agencies on my credit report. Should I just send out a dept validation letter to each one to get things rolling?

I have a question that may have been addressed previously...but...her it goes. I've been dealing with 3 different creditors: BOA, Discover, and Elan for about 3 years now. BOA has sent me to 2 collection agencies. The 1st agency returned it back to BOA. The 2nd agency sued me and then dismissed when confronted with a forged affidavit and not providing materials requested by the court. The debt is now back with BOA. Discover sent me to 2 collection agencies. The 1st agency sued me and dismissed before trial. They sent the debt back to Discover. A 2nd agency sent me the warmed over legal threat and did not validate the debt. I sued them in court and agreed to dismiss when they returned the debt back to Discover. Elan has sent me to collection 2 times but they both sent the debt back with a few letters. No collection agency has reported to the credit bureaus, only the original creditors At this point I would like to remove these debts from the credit bureaus. I have disputed the information with the credit bureas to no avail. 25 days ago I sent certified 623 letters to BOA, Discover, and Elan as an attorney at the FTC suggest I do. I'm guessing I will hear back nothing as usual. What is the next step when dealing with the original creditors? I have certified copies of everything I have sent for several years.

Or is it okay to ask for validation after the 30 day period stated in the letter?

Hello~ This is a follow up to my posting(s) back on November 20, 2012. I sent a vlaidation letter to CACH, who are the ones that have reported the negative trade line on my Experian CR. After reading their respone I do not think that this meets proper validation. What CACH has done is contact Experian and report that the account is now 'Disputed by Consumer'. I find that their letter leaves some questions though. 1) If they do not engage in collection activity (direcetly or indirectly) then why are they reporting to the Credit Bureaus? 2) Is what they sent me proper validation? 3) Have they violated any FDCPA or FCRA with providing false and misleading information - ie: Reporting negative TL to the CR's then stating they do not engage in collection activity. I have attached a copy of their response letter to me with the appropriate areas blacked out. Anyone have recommendations on how to proceed?