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Judgment vacated against Citi. Part 4. DV the col firm?


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Hi, in this part four I want to discuss something. For more background please go here:

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26441

Now this is what I wanted to do:

I have sent copies (faxed them w/ confirmation) to Citibank legal office showing the official court documents that my judgment was vacated using the FCRA, etc., as a reminder. I will also send this to the CRA's but I used this to speed up the process since they are the ones furnishing the info to the CRA's and they wouldn't obviously want to get into trouble for knowingly reporting wrong info.

So, even though my next court date is 4/7/05 basically this is a date in which I give status to what type of agreement I will come to with Citi or when I file my answer/ appearance with the court.

Since the judgment has now been vacated I was really thinking about DV'ing the collection agency (law firm) who brought the suit in the first place. I could say well, now that the judgment has been vacated, please show proof, yada yada (typical DV letter) that you are assigned or purchased this account, with typical DV lingo.

The reason I want to do this is to get the law firm out of the equation and that way, they wouldn't be able to continue to try and collect for Citi, since I know for a fact that they are only a 3rd party agency firm who collects for anybody who hires them. This would leave me to work with Citi's internal recovery unit, which I have dealt with and destroyed before with another account a few years ago. Comments, opinions, etc.

QMAX-I AM GOING TO DV THE COLLECTION AGENCY OR LAW FIRM AND JUST DEAL WITH CITI, I THINK THIS WOULD BE EASIER SINCE MY NEXT COURT DATE IS JUST TO SEE WHAT TYPE OF STATUS OF AGREEMENT WE WILL COME UP WITH.

P.S. I AM ALSO GOING TO FILE AN ANSWER AND AN APPEARANCE BUT EVEN THE ATTORNEY SAID I SHOULD JUST DEAL WITH CITI SINCE I DID IT BEFORE, SO I THINK I SHOULD JUST DV HIM AND GET THEM AWAY. ANY RESPONSES RECOMMENDATIONS?

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I went along with my original plan. Since the Judgment has been vacated, and my 4/7/05 court date is basically a status date to see what agreement we are discussing, I Used the DV method against the CA law firm to take them out of the equation, so I will file my answer and appearance and let the judge know, I will only deal with the OC.

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Citi might not be the people to deal with - if they charged you off and took their tax write off - they might not be involved any longer.

Que-Hi Kristy, apparently somehow Citi is still involved, I actually called them yesterday and found out that my account was with their Internal Recovery Unit. But theoretically even if the CA law firm fails to validate this debt then who would it go back too?

P.S. Just got a call from my attorney, he claims that using the Bad service defense would only allow them to reserve me. (this i know) but how can this CA law firm reserve me if they don't validate the debt as required by my DV letter? But the thing is, I want to get this case dismissed, wouldn't this be the best way? Even if I do have to wind up negotiating with Citi, i've done this before and would prefer this outside of dealing with a CA law firm.

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after further reviewing, I think that now that the judgment is vacated, I will go the Debt Validation route. I was reading that before this firm could even think about serving me again with a summons they must validate the debt after being DV'd before proceeding in Spears Vs. Brennan I believe. I faxed them the DV letter via confirmation fax Friday so they already have it addressed to them. This should take the CA law firm out of the equation.

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