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  1. I received a complaing from Midland by regular mail. I talked to a lawyer and he said it may be better to settle- debt us inder 3k I still have time to answer the complaint, but I sent a debt validation letter and they responded right away with a statement copy form original bank and bill of sale from original bank to them, Midland is the 2nd JDB, previous collector was Oliphant. Wells Fargo- original creditor and Oliphant reported on credit , now Midland reported with higher figure( fees interest I assume) I never received in writing anything before from therm ever, I have robo calls from an 866 number with all hangups, no voice mails that I now see is their phone number on private voice mail account that I have saved and was a buisness telephone line used . What should I do? Fight or settle?I dont really have the money even for payments and I hear even settle for less they may not be able to remove from credit report as the credit reporting agencies do not like that pay for removal. Help! Also one thing I know is that this was reported to my credit report before they sent the summoms compliant and they never validated the debt prior to sending me a complaint. Not till I received the complaint, I then sent a validation letter. I received a reply to a DV letter I sent when I got a summons from Midland- They sent me back a copy of a bill of sale with their signature and wells fargo EVP of operations signature on page 2, on the 1st page it says Bill of Sale-MY NAME OR ACCNT NUMBER IS NOT ON THIS BILL OFSALE, They blocked out in black Outstanding Balance of Accounts and Number of Accounts. Another doc they sent me was a statement with my name and address from a year ago or a bit more and attached to that important info about your account. Are these docs from them sufficient to make them valid on their side?
  2. My friend has a collection showing on all 3 credit bureaus from LVNV who is a JDB, who allegedly purchased an old Citi CC with a balance of $13,000.00, so it wouldn't qualify for small claims in Iowa and therefore arbitration by either party is allowed. The SOL is not up for another 1 and 1/2 years but there is no TL on credit bureaus from the OC Citi regarding this account as it must have been removed sometime after LVNV allegedly purchased this account from Citi. Anyway, every once in awhile for the 3 years LVNV has had this account they send a dunning letter from one of their many companies for this alleged account, Since they update this alleged debt monthly on Equifax and Experian, but not TU even they show LVNV on their report, we decided to dispute the debt on TU first just to see if it would be investigated and see LVNV would respond to the dispute. We disputed on 11/5/2018. Meanwhile, he received another dunning letter from yet another one of their collection agencies they own a couple days later. What we would like to do is get rid of this alleged account now and we want to wait and see if they verify the dispute as valid on TU. Then, on the same day and timely under the 30 days for a validation request from their last dunning letter to my friend, we want to send by CMRR of the collector a demand for validation of the alleged debt, also writing election of private contractual arbitration from AAA which is who CITI states we would need to use per their cardholder agreement for the date the alleged debt delinquency purportedly occurred, a copy of the AAA filled out form with Arbitration account reference # provided and a request that all future communication be done so in writing. The AAA form would show that there was no proof of chain of custody, no custodian of record affidavit from Citi Bank proving account was valid, no contract or balance from cc statements showing accumulation of debt or any proof of assignment from OC to JDB. It would be nice to send the above to LVNV's law firm but we don't know who that is. This would hold off any lawsuit since we elected and will eventually initiate arbitration while also stopping their collection efforts until we get a response to our request. LVNV believes he has no W2 employment income that they can garnish (which he doesn't) and no property or bank account to attach a lien to down the road (which he does). I've seen on different forums that we should wait until a lawsuit is started and the do a motion to compel arbitration as a affirmative defense, but since this is a JDB we like our chances electing and initiating arbitration as outlined above, letting LVNV know my friend's plan of defense in hopes of a settlement offer to get rid of this alleged debt. What do you think of these additions to the demand for validation letter in achieving a settlement?
  3. Hello Everyone, Like many, I have been closely following this forum for a long time, soaking in so much empowering and invaluable information. After wringing my hands and banging my head against the figurative wall in agony, I've finally mustered the courage to reach out to you in hopes that you can give me some advice. The JDB I'm dealing with is LVNV, and the law firm representing them is Harris and Zide. The OC is Citibank. I have not been sued yet, but I did receive a dunning letter dated 10/19/18. From the various posts I've read so far, it will be a matter of time before I receive a court summons. The amount is a little less than $2K (OC: Citibank). The strange thing is, LVNV actually owns not one but two of my charged-off Citibank accounts, and the other one is a little less than $10K. I received a collection letter from LVNV on this larger debt back in June of 2018, but it wasn't from a law firm/department, and I have not heard back from them since then. Both debts have the last charged date of Feb. 2015, and the SOL runs out at the end of February 2019 (California). So why is Harris and Zide only sending me a dunning letter on just one of the debts (with smaller amount)? I would like to be proactive and develop a strategy to either make the JDB go away, or at least gain leverage for a smaller settlement. I'm thinking of sending them a Debt Validation letter where I include the wording that I want to opt for arbitration as per Citicard agreement (without admitting ownership of debt); my reasoning is that given the small amount of the debt (less than $2K), LVNV would conclude that the cost of arbitration would override the value of pursuing the debt all the way, which would give me greater leverage to settle on my own terms. I am concerned, however, about the other debt they own which, at close to $10K, might be worthwhile for them to stick through arbitration. Since Harris and Zide has not sent me any letter about this account, should I just stay mum and just focus on the smaller account? What are chances that it's some error or oversight that has caused them to overlook the other account? It's obviously way past the 30 days since I received a collections letter, but should I send a DV letter (again with the arbitration wording)? I'm hoping that given the cost prohibitive nature of arbitration, LVNV would choose instead to be more willing to work out a more amenable settlement arrangement with me. In the past couple of years, I have worked hard and settled all my other delinquent/charged-off CC debts (they were all with the OC in-house collections department). I have exhausted all my financial resources trying to clean up my credit and to take ownership of my debts. I don't have additional $12,000 to pay a JDB. I am exhausted, and I am so close to reaching the SOL (February 2018) that I really want to enrich this JDB as little as possible. Thank you for reading this long post. I would love to hear your thoughts and advice. What would you do if you were me? Any insights from our veteran California forum members?
  4. I was just curious if debt validation is a good idea? I received letter from a collection agency stating that they have purchased a charged off debt from Sallie Mae (Not federal, Private Loan). In the letter they sent they give me the balance owed. The amount is high, close to $10,000. In the letter, it looks like they do have the full account number, and balance owed and purchased from Sallie Mae. In the letter they go on to state that I can send a debt validation letter within 30 days, without that letter they will assume the debt to be valid and it goes onto say they will obtain a judgement against me. I know now to deny everything; however I wasn't sure whether or not to send the request for debt validation; due to denying everything later..thanks for any insight... Just to clarify they are within the SOL, last payment date was September 2017
  5. I am being sued by Unifund. I don't recall the debt. I pulled my credit report and can't find OC (citibank cc) or JDB on any of them. I contacted their attorney and Unifund and requested any other info they had to help validate this so I could negotiate if in fact it was legit. (Just courtesy call nothing formal in writing) They sent appx 6 statements from 2015 and 2016 on act opened in 2012. At first glance I noticed my name. I have a very common name , (like Barb Jones or Cathy Smith common) and my medical records have been confused with a woman by the same name but different birthday, so I use my middle initial on legal documents. There is no middle initial included. Also, there was an auto pay set up for $50 but it never even covered the minimum payment due on the alleged acct. It was short over $30 every month to meet the required minimum monthly payment with dates going back to 2015. The balance on the card however , always went down. It never had any late fees or penalties as a result of the minimum not being paid, and monthly interest was charged on changing balance. None of the statements showed any other activity. No purchases. No credits (except an auto pay) . I attempted to look wAy back in my bank records for an auto pay and could not find one. In 2012 I had multiple surgeries and applied for credit to pay medical bills. I did fall behind but settled with monthly payments with an attorney but it was not affiliated with this OC or JDB. It is only for $1800 which could have been paid the last few years in 2 payments had I known it existed out there. Now there's a suit against me and I don't want spend big money on attorney as it would be cheaper to just pay this alleged debt. But I don't want to pay that either. It isn't fair for me to have to guess if I truly owe this. I called the original creditor to try to get details to no avail. Need some major guidance here PLEASE!
  6. Got a dunning? / intent to sue letter from a "Debt Collecting Law Firm" (Winn Law Group?) I'm about to send out this Validation letter. Is it too much? (I added parts of sample letters that I found through my research, then changed & added wording here and there. Full credit to the original writers of the parts I implemented.) ----------------------------------------------------------------------------------------------------- Me DCLF Date: Thursday, January 11, 2018 CRRR#____________ To Whom It May Concern: This letter is being sent to you in response to a letter I received on 01/11/2018 that was dated 01/04/2018. [Copy enclosed]. This is the first letter I have received from your company. As such, please note that this is not a refusal to pay, but rather a statement that your claim is disputed and validation is demanded. (Pursuant to the Fair Debt Collection Practices Act, & the Rosenthal Fair Debt Collection Practices Act) This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Titles. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have reported invalidated information to any of the 3 Major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company I will seek counsel for legal action against you for but not limited to the following: · Violation of the Fair Credit Reporting Act · Violation of the Rosenthal Fair Debt Collection Practices Act · Violation of the Fair Debt Collection Practices Act · Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 calendar days to investigate this information. During this time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes but is not limited to, any listing of or information that is otherwise submitted to any of the 3 Major Credit Bureaus that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 calendar days from the date of your receipt, a complete withdrawal, in writing, of any claim & all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request sent to the 3 major Credit Bureaus shall be sent to me immediately. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, RFDCPA, and Federal and State statutes including but not limited to fraudulent extortion. I am also requesting now, in writing, that no telephone contact be made by your offices or any other third party you may be affiliated with to any phone number your company or any of your company’s affiliates believe I may be associated with including but not limited to, my home phone, my place of employment, my cell phone, my spouse, my friends or anyone that could be considered family whether immediate or extended. If your offices attempt telephone communication with me directly, or via any of the entities previously mentioned, it will be considered harassment and I will seek damages. All future communication with me MUST be done in writing and sent to the address noted in this letter. Lastly, I also hereby reserve my right to take private civil action against you to recover damages. Best Regards, Me My address Please send all correspondence to the above address =============================================================================================== ALLEGED CREDITOR/DEBT COLLECTOR DECLARATION Please provide all of the following information and submit the appropriate forms and paperwork within 30 calendar days from the date of your receipt of this demand for validation. (For the matter of this declaration, Me hereinafter shall be referred to as “Alleged Debtor”, DCLF hereinafter shall be referred to as “Debt Collector”, and That One Bank hereinafter shall be referred to as “Alleged Creditor”) Name and Address of Alleged Creditor:______________________________________________________ Name on File of Alleged Debtor: _____________________________________________________________ Alleged Account #: _____________________________________________________________ Address on File for Alleged Debtor: ____________________________________________________________ Amount of alleged debt: _____________________________________________________________ Date that this alleged debt became payable: _____________________________________________________ Date of original charge off or delinquency:___________________________________________________ Was this debt assigned to debt collector or purchased? ____________________________________________ Amount paid if debt was purchased: ___________________________________________________________ Commission for debt collector if collection efforts are successful: ____________________________________ Please indicated any credit bureaus to which you have reported on this account: Experian ______ Equifax ______ TransUnion _____ Please attach the following documents: 1. A copy of the agreement with Alleged Creditor that grants Debt Collector the authority to collect this alleged debt. 2. A copy of the signed agreement Alleged Debtor has made with Debt Collector, or other verifiable proof that Alleged Debtor has a contractual obligation to pay Debt Collector. 3. A copy of the agreement that bears the signature of Alleged Debtor, stating that Alleged Debtor has agreed to assume the debt. 4. A complete itemization of all charges (i.e., principal, fees, interest) on the alleged account. 5. Proof that the Statute of Limitations has not expired. 6. Complete payment history on this alleged account along with an accounting of all additional charges being assessed. 7. Proof that Debt Collector is licensed to collect in the state where Alleged Debtor resides. 8. The license numbers and Registered Agent of Debt Collector. Have any insurance claims been made by any creditor regarding this account? YES NO Have any judgments been obtained by any creditor regarding this account? YES NO Please provide the name and address of the Bonding Agent for Debt Collector, in case legal action becomes necessary: _____________________________________________________________ ____________________________ Authorized Signature For Alleged Creditor/Debt Collector ______________________________ Date NOTE: You must return this completed form along with copies of all requested information, documents, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of your receipt of this letter. Your claim cannot and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act & the Rosenthal Fair Debt Collection Practices Act. Please allow 30 calendar days for processing after I receive this information back. ==================================== ==================================== Please comment! I want to send this out in the next 3 hrs. Thanks for reading!
  7. Hi everyone, Today I filed my answer and response to LVNV Funding LLC after they sent a summons to me via sheriff for an alleged debt of nearly 5K. What i noticed was that I never received an initial communication with them until I got this summons period. Secondly I've disputed this account on my credit report before and the original creditor listed it as disputed and never further pursued any action and they never verified it. Looking at my most current I pulled that account and creditor isn't even listed and from my credit reports from as far back as 2010 it showed the account as being disputed. The collection agency also isn't listed on my credit report. So I have a few questions to make sure I got everything covered: 1. Can they collect on a debt that was removed and never was reported again by the original creditor? 2. If I never received any information before getting a summons aren't they in violation of the FDCPA? 3. Since reporting a debt is considered collection activity is LVNV trying to circumvent the law by sending the summons hoping to get a default judgement because they nor the original creditor which I've disputed isn't reporting the debt? 4. I used Lexington Law and I still have the emails showing the original creditor removing the debt, can I just print this also as evidence especially with them being the company sent emails? Once again this account isn't present on my credit report and help is greatly appreciated. Thanks!
  8. So here's my situation. Back in 2015 I was contacted by one JDB claiming that I owed about $700 in an old cable debt to a service provider I didn't have. I sent a debt validation and never heard anything more from them and assumed that they must have realized they had the wrong person. In March of 2016 I get a letter from Southwest Credit. Same account numbers as the other JDB letter (I saved the original) but the amount is no where near what the other company was asking for. I'm talking about half as much. So again I sent for validation and again I didn't hear anything back and nothing was showing on my credit so I figured I was done with them. Or so I thought. On friday I got a letter from Southwest containing the "information I requested" 10 months ago. Enclosed are what appear to be monthly statements from the cable provider they claim I owe to the address I currently live in from about 5 years ago. But there's some skeevy stuff with them. #1 the amounts listed on the statements don't match up anywhere with either amount either agency was saying that I owed. #2 the "Payment Due By" line just has "DUE NOW" instead of an actual date. and the real kicker #3 I did not have an account with this cable provider at this address. Of course now when I look it is on my credit report. So now I'm a little irritated. I have already been in touch with my actual service provider, and they have been very helpful in helping me get copies of my statements showing that they were the ones who were providing me the services claimed by the JDB at the time in question. My only problem is that I'm not quiet sure how best to tell Southwest this debt is fraudulent and to go pound sand. Do I call them out that no where on their forms does it show where they got the number quoted? Or do I send them the copies of my legitimate service bills showing there's no way that there was any service provided as they claim? Not to mention that 10 months is a little outside the standard 30 day response time. Thanks to anyone who can help me figure out my next move from here.
  9. I am a victim of identity theft, and I have reported to the police & FTC. Thanks to the advice given by members on here, I have been able to resolve quite a few fraudulent accounts & collections (approx. 20 to date). There is 1 CA that continues to report fraudulent collections, and they threaten to report more. I have had 7 collections removed that Commonwealth Financial Systems have placed on my credit reports due to failure to verify when disputed with the CRA's. After failing to verify with 1 bureau, they turned around and reported the same collection to another bureau. So they know 1 bureau deleted a collection due to their failure to verify, but they report to another bureau knowing they couldn't verify the collection from the beginning? Is this a violation? They have done this 3 times now, and they threaten 6 more collection that are not mine! I included every collection to date from this company in the police report, and have security freeze with all 3 CRA's to prevent further fraud, but this CA calls my home phone numerous times a day, and they recently started calling my cell phone (I am guessing they got my cell number from the contact information included in the fraud alert statement with all 3 CRA's). They are using an automated system to place the calls to my home phone, but not sure about cell because I haven't answered any of their calls made on there yet. I am just wondering what can be done to stop this without having to continue wasting my time/money disputing & requesting validation when they are 0/7 even verifying with CRA's? Thank you in advance for taking the time to read this, as this site has been a great help to me through all of this. I forgot to add this info earlier, and not sure if it makes a difference or not. I disputed most of the collections reported by CFSI prior to having ID theft complaint/police report completed, but all of the fraudulent debts they reported were included in the complaint. They reported 1 of the collections that had been deleted from 1 CRA already to another CRA after filing the report. I disputed it again with this CRA (EX), and included a copy of the police report. I have not contacted CFSI directly because they have yet to verify anything they have ever reported on my credit. I know the suggested method is to notify the CA, send them a copy of the ID theft complaint/report, but I have not done this to protect my personal info that they hopefully don't already have. There is ALOT of information in the report (approx 73 pages total once the police completed their actual report), including bank account info, license #, etc., that I am not comfortable giving a CA which has disregarded the law and my rights. They have reported nothing other than fraudulent debt/collections, and they are fully aware of what they are doing. Am I still obligated to provide the report to them? Would the CRA provide them with a copy since it is supporting documentation for dispute? Or do they just inform them that the account is a result of ID theft, then block/delete it? As far as the debts they are threatening to report, the freeze should prevent for now, but considering filing a complaint to resolve permanently. Also, I do not have an attorney because I have been able to resolve most of the fraud with the help of this site, info on government sites, and the help of local police. If I need to take legal action against a CA, then I will retain one.
  10. I have filed disputes with all 3 CRA's, but they are coming back with different results for the same accounts. Some of the accounts are with same CA, yet the credit bureaus are saying validated for some, couldn't validate for others. The same ones that couldn't be validated with one bureau, are validated with another. So I'm wondering, how does this happen? They were all disputed as "not mine", because they are not mine. The same collection agency is validating some of the accounts with a bureau , not validating others with same bureau, and vice versa. So basically, it looks like the same CA is randomly validating different accounts with each bureau, and randomly not validating with each bureau. This make absolutely no sense, but then again, maybe the law allows this. It just seems like a game that is used to cause mass confusion. Then there is the issue of a credit/revolving account disputed with all 3 CRA's. TU deletes the account over 2 years ago, which I thought they had to notify the other 2 CRA's to delete, but I shouldn't have thought. So I have now disputed the account with EX and EQ. EX results were "validated" with no change. EX is still investigating, but after dispute was filed, I noticed they made changes to this account. They changed payments made on time and date of 1st delinquency. If the changes were a result of "validation", and there are no other changes on this account, it will be conflicting with info EX has for the account, and had conflicted prior to disputes. Experian is showing payments made on time from 11/11 - 2/12. Account open 11/1/2011. Equifax shows no payments on account, 1st delinquency is 12/11. Account open 11/9/2011. This account does not belong on my credit, and TU deleted 2 years ago, and I included the TU investigation summary with disputes for EQ and EX. Also, I disputed 21 accounts with Ex, and it took 4 days to investigate them all? Quite a few of the accounts were deleted, but the accounts they "validated", were the exact accounts that TU had deleted (they had a copy of TU results showing deletion). Coincidence? Out of 21 accounts disputed with EX, 6 remain as a result. 4 of the 6 were deleted by TU due to no validation. Sorry if this is all confusing, but I am quite confused myself. I don't know if /what rights under the FCRA have been violated. It almost seems like a game they play to discourage people from making them do their job. Also, because I am still in the 30 - 60 day window, should I send all 3 opt-out of arbitration letters? I found info on Equifax for this, but nothing for TU and EX. Thank you in advance for any input. Your time and knowledge I s greatly appreciated!
  11. Hello & HELP!, I work for a medical provider and I am assisting a patient who is being harassed by a collection agency and her insurance company. Here is the breakdown: Patient had surgery in California but the Patient lives in Michigan and her Insurance company's coverage is out of Michigan. Our patient was seen and services were rendered in June 2011. We are a medical facility out of California and the patient lives and has insurance coverage out of Michigan. Our surgical center submitted an out of network claim correctly. Shortly after submitting the claim the Insurance carrier paid out the out of network claim directly to the patient for $42k who in turn forwarded the check to our office July 2011. The patient was then contacted about 3-6 months later demanding a $21k refund from the patient due to an error from the insurance carrier. In 2012 our office attempted to contact the insurance company and request necessary documents so we can look at the validity of the refund request in order to consider the refund. Months went by and the insurance carrier could not/did not provide our office with the necessary information. We fast forward to 2015 after years went by and the patient was contacted by a collection agency demanding payment. *** I am working with the patient to resole this debt. I have been researching Michigan statute laws and looking for some kind of defense or angle. I have been in contact with the collector and have sent certified mail a written debt validation request. "which they did not respond" so I then had the patient send her own request to validate the debt demanding 30 days from 2/26/16 to respond. I did note that we can try to use California collection laws due to the services were rendered in California. QUESTION: Can we apply the Borrowing statute law or does Michigan have a borrowing statute law that can help the patient by making the insurance carrier or collection agency adhere to California statutes/collection laws due to the services were originally rendered in California even though the insurance carrier is out of Michigan? Is there any other defenses or approach we can take?
  12. Creditors haven't responded to debt validation letter, but CB says debt is accurate I've twice written Calvarly Portfolio Services and Portfolio Recovery (two separate debts), asking for a debt validation. It's been 60 days since the first letter went out and 30 days since the 2nd. I did not receive a response to either letter. I disputed the debts, noting that the creditors did not respond to my request for validation. The credit bureaus came back and said their investigation revealed the debts are accurate. Dealing with another creditor, I was able to get it completely deleted from Transunion and Experian because they did not respond to a validation request. But, Equifax says the debt is accurate. What should my next step be? *OAN: I WAS able to get an old First Premier card completely deleted. YAY for that!*
  13. Yesterday was a light mail day. There was one piece of mail with the return address of Warren, MI. I knew immediately it was from Asset Acceptance. Let's go back in time to talk about my experience in dealing with them so you can see how this started, and now, how it has ended (spoiler alert: I didn't pay them anything). About 3 years ago I began receiving calls from them. I was excited to see BoA sell it off to them, as debt buyers are pretty easy to beat up on in court. I fired off a letter that disputed the debt in its entirety, and I demanded proof thereof. It was one of those 2 sentence letters, taught by Coltfan. The debt disappeared. The request sent the credit report trade line into disputed status and it sat. After about 5 months, a letter detailing a few odds and ends about my account charge off date, my personal information, and a lowly account statement showed up. It was back on. Asset didn't seem to take too well to my dispute, and as such, I received a dunning letter from their attorneys at Fulton, Friedman and Gullace the same week I received their validation response. I had a consumer attorney send FFG a validation letter. And again, I waited. Using the attorney worked very well. FFG never responded to the validation request, instead sending the file back to Asset. What is interesting, however, is that when other posters from this site used the same validation letter (sans attorney letterhead), they were all sued. Perhaps FFG knew it was fruitless endeavor and a loser, but alas, I'll never find out. The offer letters came in. Settlement amounts starting at 45%, which then became 55%. Last months discount rose to 75%. This months offer stayed at 75%, but included the following language in the letter: "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, me may continue to report it to the credit reporting agencies as unpaid." So there it is. Happy Statute of Limitations birthday to me. On Monday, I'm going to send them one last letter: Dear Asset, I refuse to pay, don't ever contact me again.
  14. I received my DV from Suttel, Hammer & White for Midland Funding/Citibank. "This validates the debt and we have been instructed to proceed to collect unless satisfactory repayment arrangements are made." They sent affidavit of creditor, billing statement and chain of title and seller data sheet. How do I proceed to make arrangements, I am thinking this is my only option.
  15. Hy guys, I have been reading a lot on this forum and I want to thank all those who brought a beam of hope into the lives of many people! Thanks! This is my issue: on July 9 I received a letter from a law group, signed and dated by a lawyer July 6 2015, informing me of their "Intention to file litigation....". They informed me that I had 30 days to dispute the validity of the debt. On August 3rd, I sent a letter (didn't think to make it certified!) to the law firm. Today, August 9, I receive another letter from the same law firm (dated and signed Aug 6) stating they have "Intention to file litigation...". Now, if I am not mistaken, they have violated the 30 days period: the original letter states "unless you dispute the validity of this debt within 30days after the receipt of this notice..." now the receipt is Jul 9 2015. The second letter in which they renew their intention to file the lawsuite is dated Aug 6 2015. The 30 days period from the receipt I beleive starts on July 9 2015 and end on Aug 8 2015 (11.59pm), thus the first day after the 30 days is Aug 9 2015. So to summarize: Letter_1 Date signed by their lawyer: Jul 6, 2015Date received by me: Jul 9, 2015 [30 days are supposed to pass, however i receive a new letter from them] Letter_2 Date signed by their lawyer: Aug 06, 2015Date received by me: Aug 8 2015. Is this something that violates the Federal Act? Btw, I do not have a job, i do not own a car or a house or any property: what is their gain from taking me to court?
  16. I dv'ed a CA using TFC 392.202 and they sent a response saying "We are in receipt of your letter of dispute or request for verification pursuant to 15 USC 1692g of the FDCPA. Please be advised we have contacted our client who has confirmed the name and address listed on the account in addition to the amount owed." Does this constitute validation? It's clear they didn't bother to read my letter and address the issue as I had raised it. Thank you for your help.
  17. I am at impasse with a debt collector reporting on my credit report as the current owners of an alleged old second mortgage debt. A few years ago the last supposed owner of this alleged debt was unable to validate it so it came off of the credit report. This was prior to my becoming a citizen of Texas. Green Tree now pops up claiming to own the debt on my credit report and it looks like they have been reporting it since March of this year. Before educating myself with TFC 392, I requested validation through the credit bureau website thinking there was no way they could validate it because the last guy wasn't able to but they did. How is this possible? if they did in fact purchase the right to collect on this alleged debt, they should not have been able to verify because the documentation required for that doesn't exist. On top of that, they never sent anything to me showing that they were the new owners of the alleged debt. So how do I get rid of these guys? Good news is the alleged debt is SOL. My initial thinking was to try to use portions of TFC 392 and demand that they remove all trade lines within 5 days because they were lying by verifying the debt to begin with but I wasn't sure I could because I did not invoke TFC 392 in my request for verification with the credit bureau. I was also going to threaten to file a claim against their bond, send a complaint to the FTC, BBB, AG and CFPB. They've already gone through so much litigation with the FTC, you would think they would clean up their act. Any advice on how I should handle this? Thank you for your help, guys!
  18. Hello all, I had medications on May 2014 and it was supposed to be covered by workers compensation as sprained my ankle at work. I also had my personal health insurance on file. After receiving medications, i had to move out from the address (was in that address until August 2014 - not received a single bill or notification about anything). On April 24 2015, i ran a credit report check and found that there is a collection account for an $xxx amount which was initially reported in Feb 2015. So i called in the CA to get the break-up of the bill & they said the medical debt has been assigned to them from the OC and they don't have any bills or statements. So i called in the OC and they were aware of what happened, saying that the bills returned to them saying undeliverable and that's the reason they turned it to CA after 6 months. I told, the workers comp insurer should have paid, apparently i did not know any of these cuz i changed the address and the claim results, bills were all sent to my old address. Anyways, i called the respective accounting/billing person of the OC, questioned her if the debt has been assigned or sold to CA, she said assigned, then explained what happened and willing to resolve it sooner by paying the debt in full & in-turn want the collection listing on my credit report to be removed. She accepted immediately and said "i will inform the CA to put a hold onto this account and will tell them not to call or disturb you on this." I said, ty, please send the agreement to me in mail and gave her my current address and i can . She told, "it won't be like an agreement or sorta like that". I was like, but i want the listing to be removed, anyways, mail me the document first then. *What kind of document should i expect.? like an agreement or contract or just a document.? *should i call her and record the conversation (informing her prior). I live in KS state by the way. Not sure if i can and will it work? *I will update the document once i receive it from them. Nothing has been finalized in writing, guide me if you have a better way, please put in your inputs which will be really effective for me to handle this situation. Thank you all for your time.
  19. In June 2014 I received a letter from Citibank N.A. informing me that they sold the debt to PRM (DJB). Shortly after, there was a demand letter from PRM's partner company servicing the account. I did not respond. Recently, I received another demand letter from a local law debt collector retained by the above partner company (currently owning the debt vs servicing the account). The amount of the debt demanded in 2014 was matching the amount of the debt reported with the credit agencies, which was a little higher than the amount of debt owed to Citibank at the time of the first delinquency (mid 2010) The amount of the debt, currently demanded by the local law company is about 41% higher. I responded with a DV letter almost at the end of the 30 days allowed but fell to dispute with the credit agencies. Immediately, upon receipt of my DV request by the local law company, the disputed account disappeared from my credit reports. My gut feeling is that they will try to update the credit reports with the currently demanded amount by adding interest, penalties etc.and than sue me. Citibank kept sending statements for more less 2 years, after the first delinquency. The debt got inflated quickly but was still less than the current demand of 41% extra. SOL is 6 years Please help me figure things out.... It is greatly appreciated. TY TY TY
  20. Hi All, I have been a long time copius reader, but this is my first post. I appreciate any help you are able to offer! What I'm here about: ~15K. 2013 Cap One charged off a consumer credit card account. "Charged off as bad debt, Canceled by credit grantor" same month 2013, I heard from United Collections. I DV'd them and never heard another word. Cap One continued to report the charge off through June 2014. Then, it just vanished off my report. Why? And should they have been able to report it since the sold in, and it was unvalidated by the JDB? then for 1 yr 5 months: Nothing, Nada, no contact from anyone. Fast forward to September 2014. Got a letter from a CA posing (but not stating) as a law firm out of state, contacting me on behalf of their client, which made them act like they were lawyers. I DV'd them, and also researched the CA to find out that they are in fact one and the same as their client -and have a bunch of aliases that I can surmise, all entities with the same CEOs. The calls stopped, no DV produced. About a month later, good ole Law Firm stepped in. They said that they were attys contacting me on behalf of their client . (Notice it is the same client as as the last CA). Calls started routinely, including robo-calls that left messages merely telling me to call a number (documented and saved). The letter did state that no actual atty had reviewed the case. I DV'd them, and confirmed receipt. I only received one call after my letter had been certified as delivered, about 4 hrs later. Now, in the meantime, while my DV letter was on the way to MJ, I got a call from AMO Reco.veries out of Norcross, GA. No message. ??? At this point, and I do think that the CA law firm will attempt to sue, I am confused about who actually owns the debt. These are my first questions: 1) Did Cap One sell the debt to multiple JDB? 2) How/why did the debt get from UCB to CA #1? 3) How did the debt then, legally and technically speaking, from CA #1 to CA #2? 4) Is it a violation of FDCPA for CA #1 to not validate, but then ask CA#2 to pounce on me by mail and by phone, when they failed to validate? I mean, CA#1 and what they name their client to be are one and the same. So technically CA #2 were acting on behalf of CA#1 -who failed to validate, and therefore should ostensibly ceased collection activity. 5) How do you figure the charge off just vanished from my CR last summer? Will it come back? 6) On a 15K debt, how much do you figure Cap One sold it to the JDB for? 7) I also wonder how much tax credit they got for writing it off as bad debt? (Just curious -feels as if they are all double dipping....) 8) I noticed that the original amount owed by United was about $500 HIGHER than what CA#1/CA#2 say I owe. Weird. Any insight? Any other words of wisdom? Thank you so much, and Whip It Good!
  21. In January of 2013 I had a bill that needed to be paid and I thought I had taken care of it. I hadn't received any more notices after giving them full payment so I went on with my life. Now it is February of 2015 and I just received a notice in the mail from a collection agency saying that I had never paid this debt. WHAT!!! I was so infuriated when I called this company because I DID pay this debt. The lady told me that they had sent the debt to them in October of last year. I am in the process of sending them a request for debt validation and also a dispute for this debt. My question is, what are the legal time frames of both the hospital and the collection agency? I just don't feel like any of this is right. 1. The debt was paid when I got the bill. 2. They waited almost 2 years to send it to collections. and 3. It was sent to this agency in October and I never received a phone call or a letter stating I was in collections until February. Any and all help is much appreciated. I just want to know if anything illegal happened while I'm in the process of disputing this debt.
  22. Me and my fiancee are wanting to purchase a new home next year and recently went to see a specialist to take a look at our credit scores. Mine is currently at a 588 which is absolutely terrible so I had a few questions on how this process works. I want to try to dispute everything to see how much I can get taken off and just to test the waters with the CBs. My first question is when I go to dispute, should I send letters to all three CBs at the same time? I used to live in MO now I live in TX. On my credit report I have one item in collections that looks like its an old electricity bill back in MO. This will be the first one I try just to test it out. I can always pay for deletion if everything falls through on this one. What is hurting me the worst looks like a few late payments on my student loans. Can I dispute those to the CB and what is the likelihood that there is no documentation that a payment was ever late, forcing them to remove it? Also another thing hurting me is some sort of private loan called PEAKS from when I attended ITT Technical Institute 2008-2011(huge mistake). They originally contacted me back in 2011 saying I owed over 2k. I demanded to know who they were and what I owed they kept harassing me until I finally told them to send me an itemized receipt validating proof of what I owe so I could fax it over to my lawyer. They never bothered me again until this week. They somehow manage to get my fiancee's cell phone number even though we don't own anything jointly and no documentation exists that I know of that has our phone numbers or names listed together. The ONLY scenario I can come up with is when she used my groupon account to order something for herself. When she spoke on the phone with one of the representatives she demanded to know how they received her number and that she is a woman, the kids response was "I doubt that" and hung up. So due to to the lack of disrespect and the fact that I believe this is the exact definition of predatory lending I have decided out of principal I want to fight these guys. Anyone have any success on fighting student loans with these dispute letters? If so, what are some tactics you used?
  23. I have a debt in the $1400 range. I responded to the debt collectors original communication by sending a letter for debt validation. By the way, the SOL has not passed as this debt is only about 3 years old. In response to my letter, an attorneys office responded that represents the collection agency, validating the debt. They have not threatened to sue yet, and as of this point we have not communicated any more. In response I have prepared a variation of the pay for delete letter to the collection agency and attorneys office. The version to the CA: Dear Collection Manager: This letter is in response to the debt referenced above. As I am currently trying to correct my past mistakes and fix my credit, I wish to save us both some time and effort by settling this debt and avoiding all unnecessary further actions. I am aware that your agency, (COLLECTION AGENCY) has the ability to report this debt to the credit bureaus as you deem necessary. Furthermore, (COLLECTION AGENCY) has the ability to change the listing since (COLLECTION AGENCY) is the information furnisher. I am willing to pay this debt in full in return for (COLLECTION AGENCY)'s agreement to remove all information regarding this debt from the credit reporting agencies within ten calendar days of payment. If you agree to the terms, I will send certified payment in the amount of $1xxx.xx payable to (COLLECTION AGENCY) in exchange to have all information related to this debt removed from all of my credit files. If you accept this offer, you also agree not to discuss the offer with any third-party, excluding the original creditor. If you accept the offer, please prepare a letter on your company letterhead agreeing to the terms. This letter should be signed by an authorized agent of (COLLECTION AGENCY). The letter will be treated as a contract and subject to the laws of my state. Please forward your agreement to the address listed above. The version to the attorney: Dear (ATTORNEY): This letter is in response to your letter on (da te) related to the debt referenced above. As I am currently trying to correct my past mistakes and fix my credit, I wish to save us both some time and effort by settling this debt and avoiding all unnecessary further actions. I am aware that your office and/or (COLLECTION AGENCY) has the ability to report this debt to the credit bureaus as you deem necessary. Furthermore, (COLLECTION AGENCY) has the ability to change the listing since (COLLECTION AGENCY) is the information furnisher. I am willing to pay this debt in full in return for (COLLECTION AGENCY)'s agreement to remove all information regarding this debt from the credit reporting agencies within ten calendar days of payment. If you agree to the terms, I will send certified payment in the amount of $1xxx.xx payable to (COLLECTION AGENCY) in exchange to have all information related to this debt removed from all of my credit files. If you accept this offer, you also agree not to discuss the offer with any third-party, excluding the original creditor. If you accept the offer, please prepare a letter on your company letterhead or have (COLLECTION AGENCY) prepare a letter on their letterhead, whoever applies, agreeing to the terms. This letter should be signed by an authorized agent of (COLLECTION AGENCY) or (ATTORNEY OFFICE). The letter will be treated as a contract and subject to the laws of my state. Please forward your agreement to the address listed above. I have questions about this, however. Is there a point in sending this after I have received my debt validation? Is there anything in these letters I should add, rephrase, or omit? I really want to avoid any lawsuit and want to settle quickly and preferably save my already tattered credit score. Just looking for suggestions since I don't know the proper response after receiving a validation of debt.
  24. LAW FIRM RERESENTING CACHE RESPONDS TO DV They responded with a copy of my credit report in full showing the OC reporting notated- and a copy of a statement about 1 1/2 years old. The letter states the balance- but I had originally disputed the balance on my OC and the OC sent me back a letter stating they no longer own the account. THen I get a letter from the law firm representing Cache. Dont have funds to settle and won't settle. What should I do wait to see if they go further?
  25. I sent a DV letter to Midland and I receieved a letter today stating that they will request the 3 major credit bureaus list the account as "Disputed". They also went on to state that if I believe the account information is inaccurate to please provide them with a written explanation of why I believe so along with any documentation i have supporting this explanation. They also sent a copy of the Judgement they have against me. My question is does this copy of judgement validate my debt to them? and If the account is listed as Disputed with the credit bureaus what are the next steps to get this removed from my credit report?
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