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Letter to JDB. I will only deal with OC.


Boldruler75
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I'm going to be sending a letter to First Resolution Management saying that as my rights in the FDCA I have terminated their services as a third party and choose to deal only with the OC. Can anyone help me with either case law or the exact passage in the FDCA that I can site in my letter?

Thanks everyone!

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Bad move! JDBs BUY debts, meaning the OC no longer has any ties to the account. If you send a letter like that, they'll just laugh @ you. If you have 2 TLs reporting on the same account, then you'll have to tackle them individually. Unfortunately, the only way to get rid of the OC's TL once it's sold is to keep disputing (hoping it gets deleted) or wait the 7½yrs for it to fall off.

Also, are you referring to the FDCPA or the FCRA? Either way, if the debt was assigned, it's your CHOICE to deal w/ the OC only. There's no law that says that you HAVE to deal w/ a CA.

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Earth Angel. Thanks for the clarification. I'm using the FDCPA to get them to stop contacting me at work.

I was going to use this excerpt from the FDCPA as my right to stop dealing with them...

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

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You can send that, but if this JDB is reporting on your CR AND w/in SOL, you'll leave them no choice but to sue you. Even if it's for a small amount, the TL won't go anywhere unless you deal w/ them. The statute you're referring to is usually used when a debt is past SOL or if it's not yours. If that's your case, then go for it!

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The debt is for $3000 and they have been calling me at work. They've left only messages at this point. I have received no physical mail. The most recent call (today) she left said that she would wait until tomorrow to see if I wanted to handle this 'voluntarily' and would then make her decision on how to pursue this further.

I still have 6 months on the SOL and I'm out of ideas on how to handle this.

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I don't know anything about First Resolution Management and the likelihood that they'll sue. You can either search for info about them or perhaps someone else could chime in. For $3000, a JDB wouldn't hesitate to sue. That doesn't mean that they will win. You do have options here. You can DV (they may come back @ you w/ a lawsuit or they could back off b/c they realize that they are dealing w/ a consumer who's knowledgeable of their rights); you could wait it out, hoping that they won't file a lawsuit b4 the SOL expires; or you could settle. It's a gamble, I know. As I always advise, do your research first [on the JDB]. Find out how likely they are to sue, if they ever have proper validation, how likely they are not to violate, etc. If you have this JDB on violations, then I wouldn't hesitate to DV them. If they sue, @ least you'll have counterclaim.

If you haven't done so already, send them a request in writing to cease phone calls to your place of employment as it is against job policy to receive such phone calls. If they ignore the request, you'll have them on violations.

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I don't know anything about First Resolution Management and the likelihood that they'll sue.

I should chime in here and say yes, they will-- and probably try for a default judgment while they're at it, for more than the debt is worth.

DV them ASAP, get an accounting before they try to get money they're not entitled to. They may or may not violate, but definitely DV to find out what you're up against-- and be ready in case they respond by suing. Keep records of DV in case you need to go to court.

If you haven't done so already, send them a request in writing to cease phone calls to your place of employment as it is against job policy to receive such phone calls. If they ignore the request, you'll have them on violations.

Good advice, as are the other responses posted. All I can add to that is-- if you have to talk to them again for any reason, try to stall them for just long enough for your DV to arrive and its tracking info to post.

One of my favorite posts of all time here is:

This is not a murder trial, and you are not Perry Mason.

Don't try to tread new ground with this JDB unless you have money to burn. If you can't afford $3K to pay them, you most likely won't be able to afford $3K to duke it out in court over some technicality that simply won't interest an average judge. I tried something like that in small claims once, and while it was a good learning experience it didn't pan out the way I'd hoped and I'm still not Matlock.

Most of the advice here is tried and true from folks who've been there-- it could save you a LOT of hassle.

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Definitely DV! They contacted me via phone and I immediately sent dv letter. I never received another phone call. They did report "disputed" on my CR's so they seem to adhere to FDCPA and FCRA more than most CA's - just based on my own experiences. Twelve months later they sent a copy of the cc acceptance page with my signature on it. A few months later they sent a letter of intent to sue. I called their bluff and six months after that they filed a lawsuit in my state. I haven't been served yet and will be starting a thread of my own about this pretty soon but the main thing I wanted to convey is that

#1 they will sue

#2 they follow collection laws pretty well

#3 takes them a long time to validate if at all

You have 6 months left on SOL so I would say your chances of avoiding a lawsuit may be good if you send a dv letter.

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Send a cease and desist letter. Tell them you dispute owing them anyhting. Tell them not to call you at home or work or you will sue them. Send the letter by first class, certified mail, so you will e able to track it with the POst office. The mark every time they call after they receive your letter. If you have to talk to them, tell th em you deny owing anyting and for them to contact you in writing only.

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Ahhhh, good ol' First Resolution Management.

In my dealings with them pre BK, they were one of the JDB's that played by the book to a tee. They will sue, they will validate, and they will get a default judgement.

But, when they slip, they slip bad.

When my BK was discharged they refused to change anything on my report. I even have them on tape stating that they did not care about the BK and that the reporting would stay as is.

Bigtime no-no.

I called back 10 minutes later, played the tape to the cube monkey, was transfered to a Manager in about 15 seconds flat. Three minutes later I was off the phone. 24 hours later every one of my reports was scrubbed and corrected.

I look back on it now, and wish I would have sued them. :-)

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