Response from Dv to Attorney violations here?

[rmuse00]

Here is the response from an attorney(local, Blatt, Hasenmiller, Leibsker & Moore) collecting for Midland for a providian account (I'm repairing my DH's reports too

First off I sent a DV to a letter we received from this attorney and the letter did not provide the 30 day's to dispute "miranda" and was demanding payment in full, in fact it said since this acct has gone undisputed it is valid. My DV mentioned that he is violating the FDCPA by demanding the payment and not giving me 30 days to dispute. I quoted the section that says if an acct goes undisputed this does not mean the the consumer is admitting liability plus the section that says no court finds that the collector has to receive notice of dispute within 30 days. (I have spent many saturday mornings with plenty of coffee in had going over the FDCPA!) I went on to say....so, at this time, I am requesting validation of this debt and continued requesting in the formal way. I thought I was being so smart. Here is what they sent.

Dear Mr. (Hubby)

Enclosed please find the validation that you requested. After your review please remit the Amount Due shown above to this office. If you are unable to make remittance of the total amount due within the next 14 days please contact our representative at 800-XXX-XXXX and present your proposal for installment payments. Thank you for your cooperation in this matter.

Here is how they validated:

Statement

MCM Acct 466XXXXXXXX Principle Balance: $1129.66

Statement Date: January 20, 2004 Date Due: Now

Accrued Interest: $164.65 Durrent owner: MCR

Receivables Corp

Original issuer: Providian Nat'l Bnk New Balance: $1,294.31

Transactions: The above reference account was purchased by MRC receivables, Inc. The balance of $1,294.31 is due now. Please direct all correspondence to: Midland Credit Mgmnt, Inc....... That's it nothing else. Sheesh I could have typed that up myself. Does not prove anything!

Are they in violation? This is by no means validation. I thought they were not supposed to be adding interest on a charged off/write off account, which was the 1129. Now they are asking for 1294? If the next step is to DV again what should I inlcude? they did not furnish me with any of the other information that is requested on the formal DV like how they came to these calculations, etc..? Plus, they are asking for the full amount within the next 14 days!

Suggestions anyone?

[gdouglaslee]

So what, they still violated.

Send another dispute. Challenge their validation or the interest accrued or both.

Search for Guerrero v RMJ which I posted here but can't remember where. It states explicity that what you received is not validation.

Since IL has a 10 year SOL for Visa/MC/Discover/Amex until somebody puts up a fight, you need to be aggressive on this or they may sue.

[rmuse00]

Now I am confused!

I thought IL SOL for credit cards was 5 years not 10!

[Methuss]

Yes. As a matter of fact they just committed a new violation by responding that way. The FDCPA says that they must obtain validation from the ORIGINAL CREDITOR and forward what they get fromt he original creditor to you. They are not allowed to just type up or print out what is in their own records.

Section 809a(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector

Take a look at the FTC Wollman letter here: http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Also, they are required under the FDCPA to put the section 807 disclosure (This is from a debt collector...) on every single letter they mail and they are still required to give you the section 809 notice (The validation notice) within 5 days.

I'd say you have about 4 violations on this law office so far.

And the SoL on open-ended accounts in Illinois is 5 years. It is only 10 on written contracts. So if this is over 5 years and a credit card, it is beyond the SoL anyways...and that creates another violation of the FDCPA by misrepresenting the legal status of the debt.

[rmuse00]

I will DV them again and ask them to properly validate and see what they send me.

I will be sure to mention that this is not proper validation and that they must cease collection as they are in serious violation here-- or maybe I shouldn't say that so they can violate again?

I'll just let these violations add up!

I had to get a new briefcase because the amount of files I'm carrying was too much for my old one

Thanks all!

[jeffr]

Just let the violation keep piling up! The more violations, the better the defense!

[computerguy]

They probably bought the account in a large portfolio and were only supplied with a print out and no supporting documentation. Stick to your guns and don't give in to their flimsy attempt to pull the wool over your eyes. Here's some of the stuff I look for when I correspond with a validation request.

Certified copy of the original application and agreement with the original creditor bearing my signature (evidencing some sort of debt obligation), copies of all charge slips, credit memos and other accounting records establishing the amount allegedly claimed as owed. A copy of the contract assigning the debt from the OC to the JDB and a copy of the cancelled check evidencing that the new JDB actually paid for the account (this would establish the JDB to have clear title of assignment and standing to have a claim to collect or to be sued upon).

[gdouglaslee]

I will DV them again and ask them to properly validate and see what they send me.

WTF? What for? Show me in the FDCPA where it says "consumer will assume the position and beg for validation."

What they sent you is not validation. File your law suit.

[rmuse00]

gdouglaslee,

I did not start my credit repair to see how many CA or CRA's I could sue. I started so I could gain financial wisdom and ultlimately freedom. By following the process that I have seen outlined here I can avoid lowering myself to any CA's level and acting in haste. I would only be setting up myself to fail. The more they violate the more there is proof that CA's and CRA's do not have any regard to the FDCPA or the FCRA and that is whay I would want to prove. That being said, I am planning on faxing a copy of what they sent me to ED Combs Law offices and see what they have to say.

[chincheck]

I did not start my credit repair to see how many CA or CRA's I could sue.

Yet, you say:

I will be sure to mention that this is not proper validation and that they must cease collection as they are in serious violation here-- or maybe I shouldn't say that so they can violate again?

Many of us here started with the goal of credit repair in mind. Lawsuits are simply a means to an end. In your case, I agree with gdouglasslee.

File your lawsuit.