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JDB sent "validation" - should I DV again?


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I sent a JDB a DV over 1 year ago. They finally responded with a facsimile copy of a statement from the OC and a computer printout of the account from the OC (I think). They provided absolutely no verification of actual ownership (they claim to have purchased the debt back in late 2005). Should I DV again requesting proof of ownership or should I just let it lie?

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I sent a JDB a DV over 1 year ago. They finally responded with a facsimile copy of a statement from the OC and a computer printout of the account from the OC (I think). They provided absolutely no verification of actual ownership (they claim to have purchased the debt back in late 2005). Should I DV again requesting proof of ownership or should I just let it lie?

If the information they provided you came from the OC thay have done all they are required to do per your DV request

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if thats all they sent and no contract or anything to prove this is you, then send them a nice letter and say thank you for trying to validate, however even as by proof of thier paperwork this debt is not yours and you will sue should they continue collection activities.

just my thought.

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if thats all they sent and no contract or anything to prove this is you, then send them a nice letter and say thank you for trying to validate, however even as by proof of thier paperwork this debt is not yours and you will sue should they continue collection activities.

just my thought.

I dunno.....the only time I would send a second letter is if the in information sent to me obviously came from the JDB's database, on their letterhead. And threatening to sue?....based on what? The OP said the information was obtained from the OC and forwarded to him/her....that is the requirements set forth in the FDCPA

If the debt was purchased in 2005, it would also suggest that it is still in SOL and proof of ownership might easily be obtained from the OC if it went to court.

As DiveMedic pointed out in another post: "on a debt that new, the chances of them validating are higher. Validation is not a magic bullet that makes CA's go away. The point of validation is not to get out of paying what you owe, but to ensure that you are paying what you owe, and paying it to the right people".

Just my 2cents

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yes i know he would have no grounds to stand on in that statement, He also stated JDB, (here in mich they are OC sort of) I like to hold them to that, since i know they dont have a signature and all payment history.. however once you send them notice that this is still not you, "and the dont contact me paragraph in the letter also" (I forgot that, because i throw that in all my letters.. lol.) then when they send more bills. I hold that info over thier head. And i agree i dont like to mess with stuff i know they can sue on so thats why i like to even the playing field a bit.

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The CA doesn't need to have a signed contract, unless the debt that they are claiming was created by that contract. (for example, a cancellation fee for cell phone service) There is no requirement that they produce copis of your driver's licese or anything else like that.

The questions to be answered will be this:

1 Did the statement come from the OC?

2 Is the amount on the statement the same as the amount being collected?

3 Is the name on the statement yours?

4 Is the address on the statement yours, or has it ever been yours?

If the answers to all of the above are 'yes', they have validated the account.

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Hi

If I were you, I would get a copy of my credit reports to see if the original creditor(OC) has charged-off and/or sold the account. If the OC has taken these actions, then the CA actually owns the account and is trying to collect on the debt in respect to their own benefit. If this is the case, you do not owe the CA anything! Where is the CA’s authority to collect the debt? Third Party debt collectors can only collect if the consent of all parties exist. Most Collection Agencies use harassment in order to get the consent. (If you make payments and/or payment arrangements with a third party The FDCPA governs the actions and conduct of debt collectors, but it does not give them the authority to purchase evidence of a debt and act on behalf of the creditor without the debtors consent. You will need to send a letter to the CA asking them to where they have the authority to collection the debt and to prove that consent exists amongst all parties. Also demand strict proof of verification ( i.e. the original contract with your signature) If the CA only can provide a fax from the OC and a print out of the account, they HAVE NOT VALIDATED THE DEBT!! I repeat they HAVE NOT VALIDATED THE DEBT. You need to find out the status/ ownership of this account.

When you send correspondence to the CA…. DO NOT SIGN THE LETTER WITH YOUR ORIGINAL SIGNATURE!!!

( use a handwriting font from a word processing application.) If the CA does not have original document or anything other than a print out to try to validate the debt, then they may try to create documents and utilize your signature. I would suggest that you do another debt validation/discovery request and cease to desist, but before all of this find out the status of the account and who owns it. Good Luck!

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Blue Chip- that is incorrect- debts are assigned all of the time. Here is florida law on the matter, all states will have a similar statute:

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.

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Blue Chip- that is incorrect- debts are assigned all of the time. Here is florida law on the matter, all states will have a similar statute:

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.

Yea...What Dive said....:lol:

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Thanks for all the replies! My biggest concern is whether or not this JDB really owns the debt. What if the OC sold it to this JDB, but the JDB sold it to another collector and the first JDB is still trying to collect? Shouldn't they have to prove they are the current owner?

One thing that makes me suspicious is the faxed statement that was produced by the JDB had a fax date of early 2006 (you can see it in the page header), but the JDB didn't respond to my DV until early 2007 (I send the DV in late 2005).

In reading through a lot of postings on this site, it looks like the JDB must prove "chain of custody". Several of the posts reference "Coppola v. Arrow Financial Services". Is this not the case? Here is an example thread:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=257250&highlight=%22Chain+Title

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Whether you send another letter will be determined by your position. If this isn't yours, or you can't tell from what they sent that it was eve yours, or you dispute the amount they want, you have to make this clear to them, A second DV would be fine if it states your objection and asks for the things that would solve your issue. Just saying " You haven't proved this to me" isn't enough. Make sure you say " Dispute" and be specific. And check to make sure they are reporting it ( if they are) as disputed. You will at least have a paper trail.

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