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Response from Complaint


billie
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I filed a complaint with the BBB of Arizona agains a company that had been harrassing me after I requested validation. This is what the company response was:

Please be advised that I am counsel to JDB and am currint in receipt of the aforementioned complaint concerning JDB. Upon completing their investigation into the matter the JDB and all their associates would like the BBB of Central/Northern Arizona to take note of the following:

Prior to the instant complaint, JDB purchased the subject debt from MidFirst Bank on or about June 21, 2002. At said time, MidFirst Bank relayed to JDB that there was a valid debt and balance existing in the amount of $3,399.42, exclusive of continuing interest. In an effort to resolve any potential despute between JDB and the complaintant amicably, professionally and efficiently, however, per the request of the complaintant, JDB will cease all contact with the complainant.

Please not further the JDB vehemently denies any allegation that improper collection activities were deployed and remains firm in its position that nothing but lawful and ethical collection techniques were previously utilized to collect a valid and lawful deb. If the complainant would like to discuss the subject debt, JDB inviters her to contact its compliance department at phone number.

I am hopeful that the within response assists your office in its investigation and welcome any question should they exist.

Now here is the thing. I have 7 days to respond to this.. Do I? Because they did do illegal activities. They signed my green card on Nov. 1 for validation. I received phone calls till Nov. 28, regarding this. Not once did the calls stop until I sent a C&D. the C&D was for phone calls, and that all correspondences be done via USPS. So it was not a complete C&D. Also, this MidFirst Bank is not the OC? Anyone know who this is. The validation that they sent me was a photocopy or printout of a bill from the OC. I don't know where to go from here. Any help would be great.

Sorry so long.

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Don't know about Midland Mortgage...maybe they were also a JDB...

The recorded message couldn't hurt...assuming its from your answering machine, or if you live in a one party state. Remember, however, that even with a limited C&D, they can legally call you one more time to tell you what their next action will be. I'm not sure if this applies...

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"however, per the request of the complaintant, JDB will cease all contact with the complainant".

So accroding to this they aren't going to contact you any further. But, that doesn't mean that they won't continue to report to the CRA's about this debt or take other collection actions.

I'd push the subject with the BBB about any FDCPA laws they have broken. It might grant you some deletion leverage.

BTW: I'm very impressed that the BBB in AZ would do anything. AZ isn't known as the most consumer friendly state.

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Well, in your original post you mentioned "7 days to respond"...to who? The BBB? If so, then don't bother.

On the other hand, check your credit reports. If the CA is reporting there, then your next step might be a letter saying remove yourself from my reports, or I'll consider legal action. You probably should hold back on mentioning the recorded phone message, but point out the disclosure to 3rd party.

If they're not on your credit report, and they've sent you nothing to help you understand who the OC was, then I'd say just wait for their next step.

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As of the last time I got a credit report, which was the beginning of December. They were not reporting this. They inquired 3-4 times in the last year, but not reporting.

I did get a validation from them two weeks back. All it was a photocopy or print out of a bill from December of 1997. Nothing else that was requested in my DV letter. I posted asking if this was validation, but got no response. SO maybe you could help with this.

Do you think that is proper validation. It was a bill from the OC. I never knew anything about MidFirst Bank until the letter from the BBB came.

If this is not proper validation, what do I do know about this?

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Doc PC- How do I go about addressing the validation sent? I looked in the letters and there is nothing that would help me with this.

Also, in NYS the SOL is 6 years. But they said I paid to another company by the name of Capital Management on September 3, 2002. Looking at my records I did pay this amount but not to this company. I paid to NCO.

So paying most likely started up the SOL again. Am I correct in thinking this way.

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Well they are trying to tell me that by paying that reset the SOL. No I did not bring it current.

So would you send another letter requesting validation again, or just see what they bring?

Write and tell them that paper is not sufficient validation per the FDCPA.

The DOLA may or may not have been re-eset according to your states law.

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According to their letter it is: This is what they stated.

The letter states, enclosed herewith is the information requested by me and the OC. In light of the foregoing response the JDB has now fully complied with 15USC1692g(B). Please be advised this communication is from a debt collector. This is an attempt to collect a debt and any information obtatined will be used for the purpose.

Attached was a print out or a photocopy a statement dated Dec. 29, 1997 in the amount of $2,565.52 but the JDB is looking to collect $6,194.68.

What I can't understand is I requested the info from them, not the OC. The OC is out of business.

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billie I think you've got some searching to do here. First, find your state laws regarding SOL. Like Doc said, your payment may or may not have reset the DOLA. Also, read the menu item at the top about the FDCPA and what constitutes proper validation. At the very least they've left out details about how they arrived at their number. You can also search some of the post regarding validation. Some people say thay you have the right to ask for proof that they are entitled to collect this debt.

All of these things add up to ammo for your law suit against these guys...

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I think I'd suggest writing them a strongly worded letter that just assumes all the follwing is correct:

1. They have not provided proper validation.

2. They have violated the FDCPA by disclosing details of this "alleged" debt to the BBB.

3. And, even if they are able to prove the validity of the debt, it is clearly beyond the SOL, they may not take any legal action in regard to it.

Point out that unless they remove all references to this debt from your credit reports and cease all contact with your regarding it, you will be forced to excercise your legal rights and bring suit for their violations.

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