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Auto Deficiency/ JDB / Assigned to CA / big violators ???s


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Don't smack me for this. If it's already been covered, just give me a link.

HAFC repossessed car. HAFC sold car to WW. I never heard anything from WW ever. I got violating call from Focus RM left on machine.

My assumption is this. HAFC sells account to WW and WW assigns the account to FRM for collection. both are licensed CAs in my state.

Question 1: Can WW sue me? They bought the debt. So, if they authorized FRM to sue me could they? Or is it only the OC who can authorize the CA to sue? My statutes seem to indicate that since WW owns the debt, they can authorize FRM to sue (that is if FRM is actually assigned the debt). This is not out of SOL.

Assignment of accounts to collection agent

Sec. 13. (a) A person who is licensed under this chapter may, for the purpose of acting as an agent for collection:

(1) receive another person's accounts, bills, or other evidence of indebtedness;

(2) be the assignee of another person's accounts, bills, or other evidence of indebtedness; and

(3) at the direction of an assignor or assignors:

(A) employ an attorney to represent an assignee in the filing of an action to collect a debt in the county of preferred venue for the action as set forth in Rule 75 of the Indiana Rules of Trial Procedure; and

(B) advance court costs for the filing of an action to collect a debt.

(B) For purposes of filing one (1) action, an assignee may consolidate:

(1) assigned claims against an individual debtor; or

(2) assigned claims against joint debtors.

© An action in which claims are consolidated under subsection (B) must be filed in the county of preferred venue as to all alleged debtors for the action as set forth in Rule 75 of the Indiana Rules of Trial Procedure.

(d) If an assignee files an action in a county other than the county of preferred venue as to all alleged debtors, the court upon motion shall order:

(1) the action transferred to the county of preferred venue; and

(2) the assignee to reimburse the person or persons against whom the action is filed for attorney's fees necessitated for correction of the preferred venue.

Question #2: Since this is an auto loan, and the collection is on the deficiency, doesn't the debt buyer have to prove that I was given notice of the sale? Would the debt buyer have to give any notice in order to lawfully collect the deficiency?

Question #3: Should I combine a DV and ITS requesting a check, or should I DV first and wait 30 days and send an ITS. They left an "urgent" message on my machine telling me that they had retained counsel, and I needed to discuss voluntary restitution prior to process. That was October. It's almost two months later. They lied. That doesn't include the crap they said in the unrecorded phone conversation.

I sent a DV but the address was for a different FRM so they never actually got it. I really just want to go straight to the courthouse and file suit, but I don't want to be countersued for more.

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ok, well, here's the letter I am sending:

This letter is being sent to you in response to a telephone call I received on October 29, 2004 at 3:20 P.M. Indiana Time. You have sent nothing to me by mail to date.

This telephone call regarded an alleged debt referenced by the above “claim number”, and was made by “Mrs. Johnson”.

The purpose of this letter is to first demand that you cease and desist in any and all collection efforts on this account until which time you can validate this account as being owed by me, and as being correct in all claims made.

Second, you made an inquiry into my Equifax credit report in October, 2004. Upon failure to provide me with sufficient uncontroversial proof that you had a permissible purpose for making this inquiry, I am demanding that you request Equifax/CSC and any other credit reporting agencies you made inquiries into to remove this inquiry from my credit files. You have 30 days as afforded by the FCRA to do so.

Further I am disputing this alleged debt in it’s entirety, and am requesting full validation of this alleged debt in accordance with FDCPA and FCBA.

Please provide proof of the following:

1. The name, address, and telephone number of the original creditor.

2. The name, address, and telephone number of the collection agency which now owns the account.

3. The contract of sale of this account showing the amount that this account was purchased for, the name of the seller, the name of the buyer, and the date on which it was purchased.

4. The contract of assignment of this account, showing the date of assignment, and the names of the assignor and assignor.

5. Proof of my identity, and proof that this alleged account belongs to me, including a copy of the original contract bearing my signature.

6. Complete account transaction history, detailing all charges and payments made to this account, including the beginning balance and the current balance.

7. Proof that all legally required notices regarding the default status of this account were sent to and received by me, including any required notices of intention to sell collateral, and required notices regarding the final sale of any collateral, and required notices pertaining to any deficiency balances on this account after the sale of any such collateral.

You have thirty days to respond to this writing. Prior to or upon the expiration of 30 days, please send me the results of your investigation, and the actions being taken to correct my credit files. Also, please send me the above documented proof that this account is mine, and that you are or have been legally assigned to collect amounts allegedly due on this account.

I think I'll first request validation, and second send ITS, and in two months, lacking a check, I'll sue their arses.

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