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2 Typical Bonehead CAs


ChiroVin
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Hello All,

I received responses from 2 CAs today that I have DVed and communicated with in the recent past.

The first one, Franklin Collection Service (on behalf of BellSouth Florida) out of Tupelo MS, writes to me stating,

Beware, the creditor above may authorize FCS to file a civil lawsuit against you on their behalf to secure themselves from any further loss.

Also, be advised to avoid the possibility of incurring added expenses such as court costs, and attorney fees, if allowed, this debt should be paid in full.

They received my original DV on 2-14-06 and I never received a response from them. BellSouth FLA though, sent me a package, postmarked 3-17-06, containing my last 4 months worth of statements and nothing else. No letter, no explanation, NUTHIN but the statements. I do owe the money so I responded directly to BellSouth with a settlement offer that included a PFD. I have not heard back from BellSouth but today I get this from FCS.

Considering FCS was not the one to validate the debt, BellSouth was, have they violated anything from the FDCPA?

Should I even respond to FCS or should I attempt contact with BellSouth again?

The second bonehead CA, CCP & MCB Collection (on behalf of Progress Energy Florida), out of Vero Beach FL sends me this:

Dear ChiroVin,

This letter is in response to your fraud notification regarding acct. 12345.

I never claimed fraud, I stated that according to their records they had the wrong person.

As a federal crime, we take fraud or identity theft very seriously.

This makes me feel all warm and fuzzy but they should be as concerned with incorrect info.

Your account has been flagged as disputed, and if reportable, we will alert the CRAs of the account's disputed status.

In compliance with the FTC, in order to close this account, we will need the following documentation:

1. Proof of identity

2. A completed police report, and

3. The completeion of the enclosed affidavit, with your signature.

Please return your documentation with a copy of this letter no later than June 8, 2006 to the address listed above.

WTF? I DVed them on 3-2-06 and they sent me a copy of a utility statement that 1) did not have an address that I ever lived at and, 2) was for a period of time that I did not even live in FLA anymore. I sent them a letter on 4-18-06 stating the 2 points I just expressed and they responded with the fraud stuff I posted above.

Currently, Franklin is not on any of my CRs but MCB is still on all 3. Any suggestions on how to proceed from here?

Sorry so long. I guess I was ranting a little. Feel better now though. Thanks for any opinions given.

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They received my original DV on 2-14-06 and I never received a response from them. BellSouth FLA though, sent me a package, postmarked 3-17-06, containing my last 4 months worth of statements and nothing else. No letter, no explanation, NUTHIN but the statements. I do owe the money so I responded directly to BellSouth with a settlement offer that included a PFD. I have not heard back from BellSouth but today I get this from FCS.

Considering FCS was not the one to validate the debt, BellSouth was, have they violated anything from the FDCPA?

Sounds like the CA is probably just assigned the account since the OC directly replied to your request for DV.

You received your validation. Ultimately validation is statements from the OC, why does it matter if the OC or the CA sends it to you?

This letter is in response to your fraud notification regarding acct. 12345.

I never claimed fraud, I stated that according to their records they had the wrong person.

You claim they have the "wrong person", but you don't think you claimed fraud?

Here is a definition of fraud:

One who assumes a false pose; an impostor

Looks like fraud to me. If someone used your name to get this account, that would be fraud...

WTF? I DVed them on 3-2-06 and they sent me a copy of a utility statement that 1) did not have an address that I ever lived at and, 2) was for a period of time that I did not even live in FLA anymore. I sent them a letter on 4-18-06 stating the 2 points I just expressed and they responded with the fraud stuff I posted above.

Again you are basically claiming Identity Theft. Some how they got your name and ssn attached to this account. If they take you at your word then fraud has infact occured. Someone used your information to open an account with them. Thats fraud...

If what you say is true, that this account isnt yours, then you should do what they ask and get the accounts removed. Claiming ID theft can only hurt you if you are infact misrepresenting the situation.

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You received your validation. Ultimately validation is statements from the OC, why does it matter if the OC or the CA sends it to you?

It matters because I already made a settlement offer to the OC and have not heard back from them directly. I should not have to deal with the CA at all. Especially a CA that is talking possible suit on a matter that I've already attempted to settle directly with the OC. You can call me principled, hard-headed, or stupid but I do not owe the CA one dime. It's the OC that I owe.

Here is a definition of fraud:

One who assumes a false pose; an impostor

I feel better after having my vocabulary lesson. :wink:

This is not a case of fraud. I was remiss in not stating that I did have an account with Progress energy. The statement that they sent to me had the wrong city listed in the address and the dates of so-called service were for the 2 week period that was immediately after I moved out of the state. It's as if they continued to hold me liable for service after said service was cancelled and I was living 1200 miles away. Somehow the correct city got switched with an incorrect one in their records. In either case, their records are wrong and I am not the person liable for the debt they are claiming. I am also not responsible for keeping their records straight.

Some of my belongings, including some records, were damaged in the move and I no longer have the service cancellation confirmation number, the "move-out" paperwork from the apartment complex, and the apartment complex has since been converted to condos and doesn't have any of my old records.

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It matters because I already made a settlement offer to the OC and have not heard back from them directly. I should not have to deal with the CA at all. Especially a CA that is talking possible suit on a matter that I've already attempted to settle directly with the OC. You can call me principled, hard-headed, or stupid but I do not owe the CA one dime. It's the OC that I owe.

What is the difference in dealing with a CA v/s your OC? Your OC appearantly didnt want to deal with you anymore so they hired the CA to collect on their behalf or sold your debt to the CA. I am very curious as to what the difference is to you.

Like it or not the CA has every right to collect the debt. If the debt was sold to the CA then you do infact owe the CA money regardless of what you would like to believe. If the debt was assigned to the CA then the OC will get their money anyway...

How long ago have you made this settlement offer to the OC?

As far as your other debt goes... Have you contacted the OC and explained what happened? Was this electric bill for an apartment or rental house? Did you have roomates?

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I am very curious as to what the difference is to you.

I already made my feelings clear on this but I guess my disdain for CAs was not readily apparent.

How long ago have you made this settlement offer to the OC?

Green card states they received it 3-30-06. I received potential legal threat from CA yesterday (Saturday).

Have you contacted the OC and explained what happened?

Yes. I was told that without a cancellation number I was SOL. I did not, however, pursue it up the food chain. (thanks for jogging my memory) I will do so now.

Was this electric bill for an apartment or rental house? Did you have roomates?

Apartment. No roommates.

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If it was an apartment. it should be fairly easy to get evidence that you didnt live there after a certain date.

Remember though electric usually bills one month late, so lets say if you moved out June 15th, you will probably get your bill for the month of June in July. Just because you paid the bill you recieved in June and cancelled your service, it doesn't mean you were free and clear. Alot of people forget about that last bill and think they were all paid up.

As for your disdain... If screwing your credit up is worth it, more power to you haha

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If screwing your credit up is worth it, more power to you haha

No. Screwing up my credit is not worth it nor is it my eventual goal. Hence, my presence on this credit repair site. Also, considering my explanation above, I've already taken ownership of the BellSouth debt and have described my attempt at settling.

In the case of the electric bill, the balance was paid in full. Again, as stated above, the service dates were for the time period just after I moved out of the apartment.

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They received my original DV on 2-14-06 and I never received a response from them. BellSouth FLA though, sent me a package, postmarked 3-17-06, containing my last 4 months worth of statements and nothing else. No letter, no explanation, NUTHIN but the statements. I do owe the money so I responded directly to BellSouth with a settlement offer that included a PFD. I have not heard back from BellSouth but today I get this from FCS.

From personal experience, this is how BellSouth's hired CAs handle DV; they inform BellSouth of your request & BellSouth forwards past billing statements to you. Remember: validation should come from the OC, whether it's forwarded by the CA or the OC themselves. The whole point of DV is to provide evidence that the debt is legitimately YOUR debt.

Read this thread on ideas for dealing w/ BellSouth: http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=44453&highlight= A Restrictive Endorsement got rid of the CA's TL in NO time. But be careful w/ doing an RE; it does not hold water in some states. You're obviously on the right track w/ following the DV process. You've now chosen to own up to the debt & settle it. Who did your send your settlement offer to? If it went to customer service [or the payment remittance address], then you won't hear anything from BellSouth.

As for the other CA, do you have any proof of where you were living right after you moved out of your apt? Perhaps notification of when you began electricity service @ your new location? Anything? The problem here is...if you can't provide proof that you were not living there (if you truly didn't live there, then finding some proof shouldn't be hard), then you may be liable for the debt...UNLESS you file the identity theft report. They could very well have mixed up there records somehow, but you haven't proven it...and no creditor or judge is going to just take your word for it. CAs take consumer disputes to the extreme these days, hoping to scare them into paying debts (whether it's theirs or not). So, instead of them asking you just to provide proof that you didn't live there, they jump all the way to asking you to send them copies of a police report. To make it easier, either provide them proof that you didn't live there or file a report & forward a copy to them. If you don't, you'll find yourself in a long battle. It's whatever you would rather spend your time doing.

Again, as stated above, the service dates were for the time period just after I moved out of the apartment.

This is why they need the cancellation date/#. Utility companies often make the mistake of NOT cancelling a customer's service when they request it. If you can't prove when you cancelled the service, then the utility company may have a claim.

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I should not have to deal with the CA at all. Especially a CA that is talking possible suit on a matter that I've already attempted to settle directly with the OC. You can call me principled, hard-headed, or stupid but I do not owe the CA one dime. It's the OC that I owe.

If the OC doesn't want to deal with you and your "disdain" stop you from dealing with a CA then you wont have much luck getting a PFD or something along those lines.

You sent your settlement letter to the OC over a month ago correct? And they havent replied yet? Did the OC sell the debt to the CA in question? If so you may not have a choice but to deal with the CA or live with this TL on your CR. I think its great to have principles, but you may do better trying the diplomatic approach. Considering it is your debt and the CA has talked of a lawsuit.

You're getting a bum rap with that electric bill. Hope you can get some proof you diidn't live in the apartment after those dates.

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EarthAngel,

Thanks for the fresh perspective on this matter. It's alot clearer now having an idea of how BellSouth operates. Your insight is greatly appreciated.

You've now chosen to own up to the debt & settle it. Who did your send your settlement offer to? If it went to customer service [or the payment remittance address], then you won't hear anything from BellSouth.

I never denied that this was mine. I did, however, follow the DV process and received one of the few correctly validated packets out of all of the DVs I've sent out. I'm more than happy paying for what is mine.

I sent the settlement offer to the return address on the large envelope that the statements were sent in.

BellSouth

OCA Support 20th Floor

333 Commerce Street

Nashville, TN 37201

It probably is customer service. Is my thinking correct that I should now send that same settlement offer to the CA because the OC probably did not forward it to them?

On the electric bill issue, I honestly was not living in the apartment during the time that the bill is claiming service. (I have no reason to lie about it, especially here) Here's another problem for my attempts at proving otherwise. When we moved away from the apartment, we moved into a family friend's house temporarily and did not have a lease or utilities in our name right away. We were in transition for about 2 months before we did get things in our name. Do you think some sort of affidavit from the family friend might be enough to satisfy? I'm really annoyed that I cannot get ahold of the name of the new condo complex that is currently where the apartment was so I can attempt to speak to someone again.

I should PM DiveMedic, since he lists himself as from Orlando, to see if he might be able to help out and track down a phone number for the new place. I think I'll do that now.

I think its great to have principles, but you may do better trying the diplomatic approach. Considering it is your debt and the CA has talked of a lawsuit.

You're right fitz. My stubborness gets in the way sometimes but in the longrun I make the correct decision the majority of the time. Thanks for your help also.

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Thanks for the fresh perspective on this matter. It's alot clearer now having an idea of how BellSouth operates. Your insight is greatly appreciated.

You're so welcome. Always glad to assist.

I did, however, follow the DV process and received one of the few correctly validated packets out of all of the DVs I've sent out.

I had the same exact response when I received their package in the mail. That's when I knew I had to pay up in order to get it removed.

BellSouth

OCA Support 20th Floor

333 Commerce Street

Nashville, TN 37201

I think you're right; this is more than likely customer service. To send a GW letter/payment offer, you should get in touch w/ executives (someone who has some authority). Here's a link for ya... http://www.bellsouth.com/corporate_governance/contact_directors.html If the address doesn't work, try to find another one w/in the "Governance" link.

Do you think some sort of affidavit from the family friend might be enough to satisfy?

Anything could help you right now. If a CA can send you an affidavit to sign when they THINK that you are claiming fraud or send you an affidavit when you ask them to validate a debt, then why can't you send them one to prove that you didn't live there? Did you not change your address (temporarily) when you moved? Proof of change of address (w/ the post office perhaps) would be good as well.

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  • 1 year later...
Guest tigger7588

just curious how it ended up working out for you and franklin(bellsouth).....I am in the same boat. I'll pay it if need be be but trying the validation/removal or PFD is preferred, so it doesnt reage with activity.

just curious. thanks!

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