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5 CA's have had this debt in 2.5 years


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According to the CA currently trying to collect, 4 other companies have had this debt ( I never heard from any others). I am requesting DV. When they validate, do they have to show a continuous chain/connection all the way back to the OC including all other CAs, or only the information directly from the OC? Please answer in the strictest sense of the law, and not extraneous information that they can choose to omit. For example, If it is true ( I cannot prove or disprove) that other CAs have had the account, yet they send a signed contract from the OC, how does that prove that THE CURRENT CA has authority to collect? BTW, no collector including this one has reported anything to the Credit Bureaus. Only the OC. They verbally stated DOLA was 3/03 and I cannot find anyway of knowing otherwise. OC will not talk to me.

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That is a GREAT question! We ask for DV's from CA's and JDB's, but how do we know the debt was assigned to them or that they bought the debt? Shouldn't they have to prove to us, ESPECIALLY in the case of a JDB, that they legally bought and now own the debt...validation aside? :?:

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Proof of Assignment is something you don't hear much about on this board. I think because it's outside the FDCPA and FDRA box, but it is VERY important.

There are decades worth of case law supporting proof of assignment.

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Even though your own state laws may vary, Florida law has this to say:

559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.

Remember:

assign - 1) v. to transfer to another person any asset such as real property or a valuable right such as a contract or promissory note. 2) n. the person (assignee) who receives a piece of property by purchase, gift or by will. The word often shows up in contracts and wills.

assignment - n. the act of transferring an interest in property or some right (such as contract benefits) to another. It is used commonly by lawyers, accountants, business people, title companies and others dealing with property.

assignee - n. a person to whom property is transferred by sale or gift, particularly real property.

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:):lol::oops::?:wink::D I had occasion to peruse edcombs.com website earlier today, too, and found the sample letter below that I thought would be helpful to me at some point. (I've included the specific link to the page where the letter was found as well.)

http://www.edcombs.com/CM/Actions/actions108.asp

YOUR NAME

YOUR ADDRESS

YOUR CITY, STATE, ZIP

[DATE]

[name and address of debt collector]

[send by certified mail, fax, or other means

producing proof of receipt if possible]

Re: [reference debt collector's letter and account number]< /FONT>

Ladies/ Gentlemen:

Please be advised that we represent the above individual and that he/she disputes the claimed debt described in your above-referenced correspondence. Please provide any contract or agreement signed by our client and an account history showing how you arrived at the conclusion that our client owes the amounts claimed and when this alleged debt was charged off.

Furthermore, pursuant to '9‑406 of the Uniform Commercial Code, you are hereby requested to provide proof that you or your principal is in fact the assignee of the debt described in your correspondence and that you are legally authorized to attempt to collect the claimed debt from our client. Unless and until such proof is furnished, we do not recognize any right on your part to attempt to collect any amount from our client.

Thank you.

Sincerely,

Wait approximately 35 days. Obtain a copy of your credit report from each of the three major bureaus. See if the debt is (a) listed (B) described as disputed.

You Can obtain a free credit report from:

Annual Credit Report Request Service

P.O. Box 105281

Atlanta, GA 30348-5281

8]

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So the CA called again. I returned their call (I was advised to not ignore them) and I let them do all the talking. Tell me what you think of this?

They said: Due to time constraints, they had to make a decision on the account by the 28th of June and I have not cooperated.

My side: They told me they did not acquire the debt until June 29th. I have this on tape

They said: Even though it is not a refusal to pay, we have flagged it as such because no resolutrion was made during the courtesy call. Because of that, we are running your social through the state of Texas as an "asset investigation".

My side: What is an asset investigation?

They said: We determine what assets you have such as mortgages, car loans etc. so that we can determine if we can attache those for a refusal to pay.

My side: It is not a refusal to pay. I told you yesterday I was disputing and I have 30 days to do so.

They said: No sir, we have to make a determination NOW. Are you going to pay?

My side: I am disputing. I am not refusing to pay. If I tell you your mom owes me $8,000 dollars are you just going to believe me?

It went on and on with them pushing and pushing. I want to keep them talking so I can get them to incriminate themselves. Is this a bad tactic?

I am hoping they will say something about taking my house or car. I am certain they have the DOLA incorrect, but I can't find out what date the OC shows.

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