docphibes Posted October 28, 2006 Report Share Posted October 28, 2006 I am disputing a claim against me by MCM. In May I had asked for a debt to be verified. After giving them the required time to respond, I sent another request in July. I had not heard from them and was working with the big 3 credit reporting agencies to clear the debt off.Today I received a letter from MCM verifying the debt. Included was an affidavit from the creditor dated from September that the debt was good. My question is this... I gave them more than the required time to verify this debt, which they did not do in the time alloted. Although this document may be legal, it's months late. Do I have any legal argument against them?I just noticed I posted this on the wrong forum. I apologize. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 28, 2006 Report Share Posted October 28, 2006 there is no legal deadline for DV Link to comment Share on other sites More sharing options...
docphibes Posted October 29, 2006 Author Report Share Posted October 29, 2006 there is no legal deadline for DVIf there's no legal deadline, the why are the documents on this website demanding that responses from collection agencies be returned within a certain timeframe? Doesn't that make the whole exercise of debt validation pointless if the agencies can respond whenever they want to? Link to comment Share on other sites More sharing options...
divemedic Posted October 29, 2006 Report Share Posted October 29, 2006 If the validation is timely, they have to cease collection while they investigate. There is no time limit, as long as they cease collection in the meantime.In the great majority of cases, the CA cannot validate. This affidavit, are you sure it is from the OC? Read it again. Link to comment Share on other sites More sharing options...
direred Posted October 29, 2006 Report Share Posted October 29, 2006 Today I received a letter from MCM verifying the debt. Included was an affidavit from the creditor dated from September that the debt was good.That joke is SO old. If it was a revolving account, that's not validation. Link to comment Share on other sites More sharing options...
divemedic Posted October 29, 2006 Report Share Posted October 29, 2006 Actually, if the affadavit was from the OC, the answer is that it CAN be considered validation. Depending on what the affidavit says. Link to comment Share on other sites More sharing options...
docphibes Posted November 7, 2006 Author Report Share Posted November 7, 2006 It looks as though it came from the creditor tehmselves, but I'd like you all to take a look just in case, and thank you all for your help.Click here to see the Affidavit Link to comment Share on other sites More sharing options...
direred Posted November 7, 2006 Report Share Posted November 7, 2006 Sure looks like it came from the OC. Link to comment Share on other sites More sharing options...
IHateCAs Posted November 7, 2006 Report Share Posted November 7, 2006 Heh.The balance was correct as of some date in 2004. That cannot be a proper verification of debt by itself, unless they are claiming that exact amount listed on the affidavit.Still, looks like they kicked it up a notch. They must really want that account. Link to comment Share on other sites More sharing options...
PolarBearnCO Posted November 8, 2006 Report Share Posted November 8, 2006 You should know whether this is yours or not, so the real question is since you can't weasel out of it, can you settle with them at 30% to delete? Link to comment Share on other sites More sharing options...
mcb11902 Posted November 8, 2006 Report Share Posted November 8, 2006 How about attacking the affidavit. What's her position with Citicorp? The affidavit is not on personal knowledge. Link to comment Share on other sites More sharing options...
IHateCAs Posted November 8, 2006 Report Share Posted November 8, 2006 How about attacking the affidavit. What's her position with Citicorp? The affidavit is not on personal knowledge.Umm, yes it is. Link to comment Share on other sites More sharing options...
mcb11902 Posted November 8, 2006 Report Share Posted November 8, 2006 Saying you're familiar with the business records is not the same as saying you have personal knowledge of the records. Anyone can look at the records and say they're familiar with them. What I was trying to get at was that the affidavit should be prepared by someone who was responsible for keeping the records, therefore, they have personal knowledge. Or the people who keep the records report to this particular person. An "employee" probably wouldn't be authorized to make statements and representations whereas a "VP" or "credit manager" or whatever title would be authorized to make those representations. Link to comment Share on other sites More sharing options...
docphibes Posted November 10, 2006 Author Report Share Posted November 10, 2006 You should know whether this is yours or not, so the real question is since you can't weasel out of it, can you settle with them at 30% to delete?Just for the record, I'm not trying to "weasel out" of anything. I'm working on rebuilding my credit after a string of bad luck a few years ago (divorce, layoff, and housefire that destroyed most of my financial records.) I'm just getting back on my feet and I'm more than willing to pay bills I owe, but since starting this program I've found 5 accounts that weren't mine on my credit report (now closed) and I'm just trying to get everything verified and make sure I'm not being taken advantage of.But thanks for making that uninformed judgement call on my actions. Link to comment Share on other sites More sharing options...
nascar Posted November 10, 2006 Report Share Posted November 10, 2006 Saying you're familiar with the business records is not the same as saying you have personal knowledge of the records. That's the type of wording required to meet the hearsay exception rule. Link to comment Share on other sites More sharing options...
direred Posted November 10, 2006 Report Share Posted November 10, 2006 ...but since starting this program I've found 5 accounts that weren't mine on my credit report (now closed) and I'm just trying to get everything verified and make sure I'm not being taken advantage of.Been there, done that. I discovered my identity had been stolen, but it was out of SOL (given the laws of the time) for prosecution. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 12, 2006 Report Share Posted November 12, 2006 Wow, a real affidavit! Better than that stupid Allison Moon bs Link to comment Share on other sites More sharing options...
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