BudCle Posted October 14, 2004 Report Share Posted October 14, 2004 My grandmother fwd. me a letter she received from a collector from an account that was charged off by circuitcity. It seems this new company purchased the debt and is now trying to collect for this past due amt. Is there anything I can help her due with this? The letter also says if we have not heard from you in 30 days we will assume this debt is correct and will pursue various collection types including but not limited to lawsuit, income verification blah blah blah. Any suggestions would be appreciated. Oh they also said if the debt is challenged they will send copies of the paper work to her. Thanks, Link to comment Share on other sites More sharing options...
anti-something Posted October 14, 2004 Report Share Posted October 14, 2004 help her write a debt validation letter, and make sure it says that they may only contact her via USPS. Link to comment Share on other sites More sharing options...
gprncss Posted October 14, 2004 Report Share Posted October 14, 2004 Yes send a DV letter to them, give then 30 days to response. Even though they stated that if challenegd they will send the paper work. They hardly ever do since they usually don't have the papers to begin with It's a common pratice with collection letters. Link to comment Share on other sites More sharing options...
BudCle Posted October 14, 2004 Author Report Share Posted October 14, 2004 Rookie question I have done many things but I have never sent out a DV letter. What should it consist of? I have seen one in the DV section on the board but that was for OC. Is this one different? Also the one says to put a copy your Drivers License and something else is this a common practice? Thanks Link to comment Share on other sites More sharing options...
anti-something Posted October 14, 2004 Report Share Posted October 14, 2004 a DV basically will contain;i dispute this debt in its entireity, please send me validation that i am the person legally responsible for this debt, that the amount stated is correct with a rundown of all charges and credits on the account, who is the original creditor, only contact me via USPS, and take note that any future phone calls will be recorded. and ask for their authority to collect.personalise that to her situation. dont mention anywhere that you think it is your debt, do not mention id theft or fruad if it is not the case. Link to comment Share on other sites More sharing options...
LadynRed Posted October 14, 2004 Report Share Posted October 14, 2004 How old is this debt, when was CircuitCity last paid ?? What state is Grandma in ? CircuitCity used to be FNANB, now they're BankOne. Link to comment Share on other sites More sharing options...
BudCle Posted October 14, 2004 Author Report Share Posted October 14, 2004 The debt is from 1997 or 8, I will have to check. I believe they were last paid in 1998 CO in 1999. She was actually a co-signer on this account for my brother-in-law. She lives in Ohio. Does this change anything that I should help her do? Link to comment Share on other sites More sharing options...
breathing_easier Posted October 15, 2004 Report Share Posted October 15, 2004 Rookie question I have done many things but I have never sent out a DV letter. What should it consist of? I have seen one in the DV section on the board but that was for OC. Is this one different? The sample DV letter under the Debt Validation link at the top of this page is intended to be sent to a collection agency. You cannot DV an OC as they are not bound by the FDCPA. Link to comment Share on other sites More sharing options...
baglady Posted October 15, 2004 Report Share Posted October 15, 2004 Also the one says to put a copy your Drivers License and something else is this a common practice?The ONLY info you should ever send to a CA is your Name, Address & their(the CA's) Account #. They might ask for lots of other stuff but you don't have to give it to them. I also believe that you shouldn't sign anything you send to a CA. The debt is from 1997 or 8, I will have to check. I believe they were last paid in 1998 CO in 1999.I think the SOL is 6 years in Ohio, so at the most she's only got 77 more days to go Link to comment Share on other sites More sharing options...
BudCle Posted October 21, 2004 Author Report Share Posted October 21, 2004 So does that mean I should do anything on this then? Thanks Link to comment Share on other sites More sharing options...
breathing_easier Posted October 21, 2004 Report Share Posted October 21, 2004 So does that mean I should do anything on this then? You should DV the JDB (junk debt buyer) which purchased your grandmother's Circuit City account. Modify the sample letter found under the Debt Validation link at the top of this page. Try to do it within 30 days of the date that your grandmother received the JDB's initial collection letter so that they don't try to pull the "we didn't hear from you within 30 days so the FDCPA says the debt is valid" baloney. Link to comment Share on other sites More sharing options...
LadynRed Posted October 21, 2004 Report Share Posted October 21, 2004 She may not have ANY days to go if the account went delinquent before October 1998. Its very important to find out exactly when the account went delinquent. You can back into it by using the charge-off date by subtracting 180 days from the C/O date. Link to comment Share on other sites More sharing options...
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