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klovesboo

validating debts

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can anyone tell me the chances of 2 ca validating and verifing a debt

the 2 are:

RMA- sears

and

Sherman Acquisiton-providian

In my experiences Sherman never validates!

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be prepared that if you do send sherman a dv, they are now responding with phony affidavits and you must dispute those immediately.

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be prepared that if you do send sherman a dv, they are now responding with phony affidavits and you must dispute those immediately.

What do you mean by "responding with phony affidavits"? They are sending forged legal docs? How do you dispute those?

Thanks

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What do you mean by "responding with phony affidavits"?

In order to afirm the validity of a debt, CA/JDBs have resorted to using Affidavits in order to attempt to certify the validity/accuracy of documents involved in the collection process (probably a side-effect of Sorbanes-Oxley). Several forum members have referred to such affidavits as 'technically' inadmissable considering that typically the individuals who have made the affidavits do not actually have first hand knowledge of the nature or context of the transaction in which a debt was created/inacted. In short, such affidavits are usually nothing more than heresay on the part of the person to which an affidavit is ascribed.

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My advice for Sherman would be to DV them, they won't respond, or they will send you nonsense like others have said. Then dispute with the CRA's after Sherman receives your DV. They aren't bonded in Texas where they reside, and I have not found them to be licensed or registered in any states. Check on these first, and then you can include their lack of legal collection ability (because they aren't bonded/licensed/registered etc) into your DV. Next if they do validate to the CRA's, file a complaint with the BBB and the Texas AG's office and even your own states if you'd like. I did this and they came off my report. They sent me some type of affidavit a year later saying I owed this amount, and I guess they were just attempting to get some money off their old worthless collection attempts. It's past SOL and I just ignored it and they disappeared again.

I haven't dealt with RMA so I don't know how they respond and work when you DV and dispute. I'm fairly sure there are many threads here though on how they do, if you try the search option.

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be prepared that if you do send sherman a dv, they are now responding with phony affidavits and you must dispute those immediately.

What do you mean by "responding with phony affidavits"? They are sending forged legal docs? How do you dispute those?

Thanks

Whatever you do always send a Dispute with no knowledge of the debt and dispute it in its entirety when sent an Affidavit of Debt. If you don't dispute, they get you on an account stated. I can post the article I read this about by Cohen, McNeil, Pappas and Shuttleworth L.P.

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be prepared that if you do send sherman a dv, they are now responding with phony affidavits and you must dispute those immediately.

What do you mean by "responding with phony affidavits"? They are sending forged legal docs? How do you dispute those?

Thanks

Whatever you do always send a Dispute with no knowledge of the debt and dispute it in its entirety when sent an Affidavit of Debt. If you don't dispute, they get you on an account stated. I can post the article I read this about by Cohen, McNeil, Pappas and Shuttleworth L.P.

What is meant by the last paragraph in this statement?

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to all who have sent a dv letter and received an affidavit signed attorney in fact, here is a letter i sent back to dispute the affidavit.

To Whom It May Concern:

In response to your letter dated (put in your date) March 8, 2005, I hereby dispute your affidavit of debt on above referenced account. The affidavit in no way identifies the originating source of the debt or the products and / or services rendered. To date, your office has been unable to properly validate this account and is therefore in violation of the FDCPA. Again, I hereby request full validation on this account.

Unfortunately, at this time I must request that your office provide me a detailed accounting of the purchase of this alleged debt. I am specifically requesting the amount, in U.S. dollars and cents, that was paid to Household Bank / Levitz by “Sherman Acquisition II LP.” (Add your creditor) Please reference Coppola v. Arrow:

Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

I would like to remind your office that I have requested no telephone contact be made to my home or place of employment.

Your cooperation in this matter is greatly appreciated. I look forward to hearing from you

Respectfully,

I sent this letter to sherman and they responded by telling me that they were going to remove all their tl's from my crs. so far two of them are off, still waiting for them to remove from ex.

gl all.

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