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Giove /AMS / Whoever they are this wk DV Answered.....


Zrockstress
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Ok Guys here goes... If any of you recall my first posting about Giove here is the continuation.. I DV'd them and Also sent a PP (same day) differant address tho. My DV letter was VERY specific, I asked for a notarized statement from aperson with original knowledge of the "debt" as it was constituted. Other information was also requested ( I have a copy of the DV if interested) Just don't want to add a lengthy letter on here. Now mind you I was told to send the DV letter to a PO Box. Which I did, The PP Letter I sent was to AMS (another address). I recieved a response in the mail today from AMS it's titled

" Affidavit of Indebtedness"

Here's what it states.....

Joe Blow (<--NOT The real name on letter) being sworn, deposes and says that he is Assistant Vice President of First American Investment Company, LLC, herein called assignor, which is doing business at (insert address here) and that he is authorized to make the statements and representations herein. There is due and payable from (Insert My Name) account number (XXXXXXX) in the amount of $XXXX (principal balance in the mount of XXX plus interest up through 4/1/2000 in the amount of $XXX. By the terms of the agreement between defendant and the original creditor, interest is accruing from the aforesaid date at the rate of 8 percent per annum.

This account was orginated with Providian National Bank. First American Investment Company LLC purchased this account. Said account had been assigned, transferred and set over unto GIove Law Office, PC with full power and authority to do and perform all acts necessary for the collection, settlement, adjustment, compromise or satisfaction of said claim.

Then it's dated and signed and also notarized.....

1. There is NO way this person has ORIGINAL knowledge of this debt. they are flat out LYING. They even STATE they "purchased" this debt!

Comments? Suggestions? All greatly appreciated..... Going to send this off to Bud Hibbs also

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You got to love the response though... Talk about over the top!

If they purchased the debt then there is no concieveable way that this person could have the direct knowlege that you have asked for. However could they not simply argue that your request for such a person poses an undue burdon onto them? In other words are they legaly obligated to provide such a person? Or does this person legally fit the bill?

I would love to see your first DV letter.... sounds like it was a masterful work of professionalism to garn such a response.

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You got to love the response though... Talk about over the top!

LoL I know :wink: all I could picture as I read it the first time was the CA rep that called my mother's home and then that I talked to SCREAMING at me and swearing to God she was going to do everything it took to get this to court.

The DV letter was really just a *standard* one that I *borrowed* off of a site. I added a little to it at the end but this was the first DV letter that I've ever sent. Before this site I didn't even know you could fight back with these people.... Here's the letter.....

This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Again, please be advised that I am NOT requesting verification that you have my mailing address; rather I am requesting validation, i.e. competent evidence that I had some contractural obligation sans consumer protection encumbrance which incurred the original claims associated with this matter.

Please know that you have 30 days from the tracked and confirmed delivery of this lawful notice to either answer these demands or to remove the associated negative tradeline notations from the CRA reports. Any other action may constitute evidence of your intent to abridge one or more civil or other constitutional rights. Please be further advised that continued unsubstantiated reporting of possible inaccuracies to third parties may provide a basis for criminal complaints being filed in accordance with FDCPA, FCRA, and other federal statutes.

I would also like to request, in writing, that no telephone contact be made by your offices to my home, my mother's home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

I look forward to a timely and amicable resolution to this matter.

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I'm new here and still doing a lot of reading to get up to speed.

But I thought I'd share with you our current AIS/Giove experience. My husband received a 30-day letter in June and we DV'd them (lengthy 13-page letter, unnecessarily long, but has been very effective on several other accounts over the past three years).

They sent us an "affidavit of indebtedness" identical to the one you quoted. We ignored this obvious lack of validation and a little over 90 days later (Nov. 9th) we received a letter from an attorney's office in our home state (FL). I take it this means they intend to sue and we are now looking at what to do next. Obviously we will DV the attorney's letter and I'm drafting a dispute letter/"return of erroneous presentment" for the affidavit they'll probably send again.

I know now about the "account stated" argument and I won't ever ignore an affidavit without disputing it in writing CMRRR. I'm interested in hearing more about this type of affidavit prepared by the purchaser themselves :!: and will follow any more responses to your post.

Thank you all for sharing.

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