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Should I DV or Just Let it go!!


nusteem
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I am in SC and the SOL on the alledged debt is only 5 months away.

I started recieving letters and phone calls at my POE (self employed) about 2 weeks ago from Weltman, Weinberg & Reis. They claim they were retained by Financial Fed. Corp a JDB who bought this debt from MBNA.

WW&R are licened Attorneys in Ohio. The two letters are not professional and just typical stuff from the collection staff.

Now what I don't what to do is start communication with these people and give them what they are looking for, A foot in the door! However I do need to know how important the 30 day window is? I have 10 days left to request validation. I have already requestion validation from Fin. Fed. who owns the debt and they never responded. That was months ago.

I am not affraid to fight these people in court. I just finished a 2 1/2 years battle with Citibank and they withdrew there case. I was Pro Se.

So, should I or shouldn't I??

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Make them send you statements from the OC signed by a notary to be a true copy of the original and signed under penalty of perjury. That's terse!

Make them send you a Certified copy of the signed agreement between you and the 3rd Party giving them any authority to collect something you don't owe to them. There's a lot of things you can throw in to a validation request and proof of claim they will not want to have anything to do with. They usually go silent. It's just your word against their because they will have no proof.

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Remember, you are dealing with a JDB. They more than likely do not have the proper paperwork from the OC to prove the debt. FDCPA 809 is clear in that their proof must be on the Letterhead, Invoice, etc. of the OC, not the CA's own computer generated statement.

As to the 30 day rule, there is still controversy on this, but, in reality, the 30 day rule only says they may assume the debt is valid, if you don't respond. In no way does the law say you can't request the validation after the 30 days. And, if this was true, why did Congress write 809©? At the same time, if your letter is even postmarked on the 30th day, it is still within the limits.

Do as the others advised and make it very "terse". Even include that they must show it is your signature on the original contract, or agreement. In short, list all items to prove debt from the OC be sent to you before any further action is taken. This way, as long as your requests are reasonable, they must comply. If they were stupid enough to file suit without producing these, you can easily cite the laws and demand they show this proof to the court. Since most times they can't, guess what happens? They lose. In short, if this does happen, deny everything until such time as they can prove you are the consumer they claim you to be. Mistaken identity, anyone?

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  • 8 months later...
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