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Unifund states they purchased an alleged debt?


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You may have noticed that no one has responded to your post. IMHO, you've provided way to much information for people to wade through, but, I'm pretty good at scimming...

Anyway...if this is truly not your debt, then I think I'd concentrate on that, and let the other violations get handled along the way. In fact, you might want to find a good consumer lawyer in your area to help you with this...I would bet that with all your evidence, somone would be willing to take it on contingency.

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If the account is not yours, send a letter back to each saying you dispute the account in its entirety and that they have mis-identified you as the legal debtor for this account. Say in the letter that you deny all knowledge of this account and that their disclosure of account details to you and continued contact may constitute a violation of the FDCPA.

You can further tell them that if they continue to contact you about this, you will presume their intent to commit an act of fraud against you and that you shall report it to the authorities.

If they continue after this letter, file an identity theft report with the local police and forward a copy to them. That should end it.

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Please don't bump when your question has been answered.

You know I'm new to this board and I'm trying to get help so I don't believe you answered my questions I asked, I have the right to bump if you have not provided complete information.

Admin... why is this person telling me what I can't do.

Methuss I have enough to deal with besides your attitude... You could have just PM'd me to explain... but don't interfere with my posting. It's my posting....unless you own this board.

I have the right to have others answers and opinions on my post... your answer is not the end all be all. Respect the fact that others have opinions and I have a right to ask. I will continue to post and hope others do not boycott my posting because you say so.

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Admin... why is this person telling me what I can't do.

Methuss I have enough to deal with besides your attitude... You could have just PM'd me to explain... but don't interfere with my posting. It's my posting....unless you own this board.

I have the right to have others answers and opinions on my post... your answer is not the end all be all. Respect the fact that others have opinions and I have a right to ask. I will continue to post and hope others do not boycott my posting because you say so.

Methuss hasn't boycotted anything, but I am going to ignore your postings in the future due to the 'tude you display here.

1) This is not a board where there's SO many threads that a bump is actually a necessity. The entire point of a bump on an active board is to put your thread back on the first page.

2) Just because you didn't like the answer you got didn't mean that you weren't answered.

3) Sure, you have a right to ask. You also have a right to read the FDCPA and the FCRA (especially as amended by the FACT Act), which would answer most of the points you raise.

I know it's easier to ask your first question about what violations there are, but show me that you've tried and I'm much more willing to help, y'know? Because if you want to pursue violations, your understanding must be high enough to recognize how they apply to your case so you can communicate it to others (e.g. FTC, AG, a judge).

Please try to show that you're not a help vampire.

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Okay, I'm the big fuzzy guy over in the corner there that's always completely surprised when people don't think of him as one hell of a nice guy...so, I gotta ask...

persistence: Whadda I miss? My advice was...assuming this is NOT really your debt...then start there. Send them a letter stating that, and, throw in a little "intent to sue" if they don't back off...

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QUESTIONS:

1. What FDCPA or FCRA violations are there? misreprentation of OC and who purchased the debt? Keeps changing who purchased the debt. The attorney keeps changing who they represent.

2. Overshadowing violations?

3. The alleged account is not mine and is not displayed on any of the (3) CRs. One HARD inquiry is on (1) CR. Isn't this illegal a HARD INQUIRY by Unifund?

4. Unifund, Unfund CCR Partners, National Check Bureau or the attorney Jane Doe will not produce a contract stating they purchased alleged debt. Produced bogus statements.

5. accrual interest rate?

6. Complaint to AG stating what?

7. Next steps?

1 The letters themselves look kosher.

2 The letters appear to be phrased to avoid overshadowing. Notice that they ask for payment within 35 days.

3 Depends. If they can prove reasonable procedures to avoid errors, it is legal.

4 What makes statements bogus? They don't always have to produce a contract.

5 I don't understand the question

6 Huh?

7 Read. You were given sound advice by the other posters. Also, don't be so defensive. You will get more help that way.

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Persistence -

Just calm down a little here. I don't think Methuss was rude - he was just trying to get you in with the flow of things. He is an admin and he's trying to help you by showing you what works.

Next time, just say you want more clarification or if you don't agree with the answer, state your reasons and ask for more opinions. It's really the same thing as a bump.

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I mostly do not because if it isn't written down, it didn't happen. Promises made over the telephone have come back to bite me more than once. If you get a promise over the telephone, the person on the other end shouldn't mind sending you a letter or allowing a recording to back up the conversation. If they DO mind, they are being deceitful.

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I agree with Dive and ENormie.

What I dont know is exactly what you sent them as a "DV".

The simplest is just:

"I dispute this alleged debt in its entirety and demand strict proff thereof. It is inconvenient for you to contact me by telephone at any time or place."

So with that you would have already disputed the alleged debt 3 times.

They sent you BS statements, by that you mean what exactly? Were they copies of credit card billing statements dated from when this alleged account was active? Or are they just a statement of account of the gross numbers alleged?

The correct and LEGAL response to a DV is for the collector to obtain FROM the OC copies of the documentation proving the alleged debt is yours and valid, which the collector then must forward copies of to YOU.

Did they do THAT or some other lame crap?

Beyond the first DV, and thier non-response, the engaged in continued collection activity. You timely DV'd in July and they didn't respond, they then continued collection activity and you DV'd again (overkill, should have just explained thier violation and ITS'd them.) and they responded with an illegal non-conforming response.

There is caselaw on what DOESN'T constitute proper validation (legal response to a DV under FDCPA) and simply re-stating the alleged ammount owed, repeating the previous assertions in a new way is clearly non-conforming.

You may want to ask a Unifund expert over on Debtorboards, Im not an expert on them but they are generally full of crap and have no documentation that will stand up in court against a rights-aware defendant.

You are in the additional special case of "gee, this isn't even my debt, seriously, no I really mean it." But as Dive alluded EVERYTHING in writing, everything mailed CMRRR and all phone conversations taped WITH permission to tape asked and granted. Dead giveaway its all BS if they refuse to grant agreement to be taped.

The Hard pull may be a FCRA violation and FDCPA violation for using false pretenses to obtain your CR in a manner they are not authorized to obtain it.

Yes, a collector can obtain your CR, they have a PP but NOT a PP that qualifies for a HARD pull. A battle yet to be fought, but one that looms as a serious weapon in our arsenal when someone gets into court with the had pull on the list of alleged violations. The assertion of it as a violation is at least a bargaining/threat chip you have in your dealings and ITS threats.

Hope that helped a little. Its hard when you are only beginning your education in these matters, to steer the conversation on to obtain more information. Just keep pluggiong away.

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your tude isn't the best as you have exhibite in your response ... and I don't mind you ignoring my post. And I have read the FDCPA and FCRA violations wanted to get a feel from EXPERIENCED and HELPFUL resources on if I was headed in the right direction. It's not about liking the answer it's the fact the info. needed clarification. There are a lot of details to be covered in violations and I don't want to miss any.

Methuss hasn't boycotted anything, but I am going to ignore your postings in the future due to the 'tude you display here.

1) This is not a board where there's SO many threads that a bump is actually a necessity. The entire point of a bump on an active board is to put your thread back on the first page.

2) Just because you didn't like the answer you got didn't mean that you weren't answered.

3) Sure, you have a right to ask. You also have a right to read the FDCPA and the FCRA (especially as amended by the FACT Act), which would answer most of the points you raise.

I know it's easier to ask your first question about what violations there are, but show me that you've tried and I'm much more willing to help, y'know? Because if you want to pursue violations, your understanding must be high enough to recognize how they apply to your case so you can communicate it to others (e.g. FTC, AG, a judge).

Please try to show that you're not a help vampire.

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admin thanks for the advice...

Persistence -

Just calm down a little here. I don't think Methuss was rude - he was just trying to get you in with the flow of things. He is an admin and he's trying to help you by showing you what works.

Next time, just say you want more clarification or if you don't agree with the answer, state your reasons and ask for more opinions. It's really the same thing as a bump.

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thanks willingtocope.

Okay, I'm the big fuzzy guy over in the corner there that's always completely surprised when people don't think of him as one hell of a nice guy...so, I gotta ask...

persistence: Whadda I miss? My advice was...assuming this is NOT really your debt...then start there. Send them a letter stating that, and, throw in a little "intent to sue" if they don't back off...

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