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Val' letter to Capital/Sherman/LVNV, other scum, ad nauseum


CMcanFIX
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This is the (in progress) Validation letter (rev.2) that I will be sending to Capital Management who have kindly re-aged an old entry in my CR. The original alleged debt had a DOFD in early 1999, which gave it a drop off the CR date of Sept' 06.

Of course they pulled all the tired BS in the notification letter, along with multiple entries/multiple entities in my EQU file. I'll be pulling TU and EXP asap, followed by dispute letters to the CRAs in co-ordination with this letter. -Unfortunately one of their phone weasels got my goat today, at least I didnt offer to mail his small parts to his mom :-).

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This request for ACCURATE VALIDATION is being sent to you in response to a notice dated January ** 2007, and received by me on or about February **th 2007.

Be advised that this is not a refusal/or agreement to pay, nor a confirmation, or admission that the alleged debt is mine. But a notice that your claim is DISPUTED and VALIDATION is requested.

This is NOT a request for “verification” or proof of my mailing address.

To Wit:

With the understanding that your representative has already stated that this was an alleged account with ********, and the alleged account's DOFD is dated outside the SOL of the State of*********, and that an alleged Date of last Activity has been added to the information furnished to the CRAs:

Please provide me with the following items:

1) Identify the original creditor;

2) Provide me with a signed copy of the original account agreement

3) provide me with copies of any signed papers that show i agreed to

pay what you say I owe;

4) Explain and show to me how you calculated what you say I owe;

5) Prove Date of First delinquency.

6) Prove alleged Date of last activity, and the source of this alleged activity.

7) Provide a verification or copy of any judgment if applicable;

8) Prove the Statute of Limitations has not expired on this account

9) Provide me with your license numbers and Registered Agent for the State of**********.

Furthermore:

THIS IS A DEMAND, IN WRITING, FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE,(AND ALL OTHER Allied COMPANIES, Divisons, ETC, AD NAUSEUM,) either in writing or telephone made by your offices to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempts telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit.

It would be advisable that you assure that your records are in order.

I reserve the right to pursue all remedies.

Sincerely,**********

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What do you think? Good enough? It has to go out certified this coming Monday

Well It's a first step to cleaning up my CR which was trashed by the aftermath of Hurricane Fran , and my foolish attempts to keep paying my creditors. I paid back thousands before I realised that It was never ending. I really feel for the folks in Lousiana and Mississipi who are going through it now.

Next will be the " cant reach consumer" entry attempt to re-age another old chestnut, from the same time period.

Now heres a question, should I hit all the garbage in the files at once, or space them out?

All the best,cheers.

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I sent the same exact DV letter to Capital Management just last week for my mother who is on social security. :roll: They are trying to get a debt which is over 20 years old! The original creditor tried last year with a 1099 which after sending her information to the IRS, they stated that she was exempt! 8-) I am now awaiting their response. Also...I remember when I talked to the original creditor one year ago and asked for copies of her account, they told me it was in archives and would take a couple of weeks to retrieve! :confused: You would think that you would have all that information in front of you before contacting someone? 88-) After receiving the information from the IRS, they dissappeared! xdeadhorsex

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I started with Capital Management then finally ended up with Resurgent Capital (LVNV Funding is now the creditor..AKA Sherman Companies). They did not send me any information within the 30 DV period, I got a call on day 45 stating they would sue. I just back my CMRRR card from the 2nd letter I sent. Now, I was served on Monday and they are sueing me in small claims, which they are giving up about $600 to do that. Thankfully, here in Indiana when you DV a CA, by law they are required to provided a complete payment history, I received nothing. I spoke to a local attorney, she stated that by time we are done they will owe me about $4000.00 plus her fees.

Keep plugging along well worth the fight...

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Dealt with these guys for over a year with my wife, to no avail. They just keep transfering it within their umbrella of companies. One this I did notice in your letter though:

You combined a DV with a full cease and desist, now I have been away from the boards for a while but I don't think these two things go well together.

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Hi All : Yeah I did mean to leave that in my DV. My letter is a condensation of the Validation letter from this site. Also my letter does say "unless they are validating or releasing their claim".

I also dont mind what they do with the letter as long as it's signed for.

As the SOL is out of date by more than four years, being sued by them would put me in our county courthouse, or the Fed' court downtown, both overloaded and overworked venues, that like our State's civil SOLs just fine. Also, as I am known around my county, and on SS disability, and a cancer patient, a local judge or jury probably wouldn't be too pleased..... Besides that thier " rep" claimed they already had a judgement award, and just hadn't filed it in my State and County yet!.......HUH???...they sure arent smokin Winstons!!!.. Drag that dog into local court here, and it'll bounce back out faster than a rubber check.

I really don't believe they can actually do anything, that isn't going to seriously cost them.They are really trying to rejuvenate dead issues here, and breaking the laws as they go, just hoping to get lucky with a sucker.

I dont think they will try to take it to court, and I dont really want to go to court, but i am planning on letting them rack up as many violations as they care to make. There comes a time when you have to stand your ground, and it's much nicer when it's firm ground.

( by the way Indyman, Sherman Aquisition, LP. Sherman Aquisition,LLC. LVNV Funding,LLC. FNBM,LLC. Resurgent Capital Services,LP. Ascent Card Services,LLC. Capital Management Services,LP and Ascent Card Services II, LLC are part of "the Sherman Companies" by thier own admission)

Thomas: In Archives?? Hah,Hah,,,, they wouldnt know an Archive if it bit them. Where did you get the "dead horse smiley" ?? I could really use that!

Thanks for the input, I appreciate any help, and constructive criticism really does help.

All the best, Cheers.

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Having cooled off a bit in the last few hours, here is the gist of what Sherman and buttheads will receive next week in thier FOAD letter:xdeadhorsexxWhipMex

To***************************

Re: Acct # **************

To whom it may concern:

Your company has contacted me by mail and phone in an attempt to coerce me into paying an alleged debt. By your own admission this alleged debt's date of first default is far in excess of seven (7) years + 180 days old, and is thus unreportable to any Credit Reporting Agency, and uncollectable. Ergo, the alleged debt would also be timebarred in any action you might attempt to bring in any venue.

Your attempts at coercion, sleight-of-hand, obfuscation, and harassment, are not appreciated, and have caused injury. They are also prohibited by Federal Law in the FCRA and/or the FDCPA, and specific remedies are provided for.

Henceforth: CEASE and DESIST immediately in any collection or communication attempt by phone or mail, or in any other manner or matter to my phone, address, or person. This CEASE and DESIST order applies to : **************************all parent or subsidiary companies named or not named and any other entity, associate, or representative of said companies. Excepting that: A dated, signed and witnessed letter addressed to me, on your company letterhead, containing the name and address of the original creditor, Account number, and date of first default. Indicating that you are withdrawing and ceasing all collection and reporting activities and immediately, and permanently retiring this alleged debt as uncollectable and unreportable, With Prejudice. Will be an acceptable communication, only.

Any other action will be met with a pleading for relief, and counter.

Yours Sincerely.*************

Not sure that anything can stop them from bundling and reselling the account though. Probably they will go after easier pickings like the other vultures. .. Sorry Mother Nature, don't mean to cast aspersions on your birds:oops:

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It's a much better letter that your first one, however I would make sure that the debt was not reported and if it was, you dispute this w/ bureaus too.

If it is, sue them. That's the only way they will learn!!

Having cooled off a bit in the last few hours, here is the gist of what Sherman and buttheads will receive next week in thier FOAD letter:xdeadhorsexxWhipMex

To***************************

Re: Acct # **************

To whom it may concern:

Your company has contacted me by mail and phone in an attempt to coerce me into paying an alleged debt. By your own admission this alleged debt's date of first default is far in excess of seven (7) years + 180 days old, and is thus unreportable to any Credit Reporting Agency, and uncollectable. Ergo, the alleged debt would also be timebarred in any action you might attempt to bring in any venue.

Your attempts at coercion, sleight-of-hand, obfuscation, and harassment, are not appreciated, and have caused injury. They are also prohibited by Federal Law in the FCRA and/or the FDCPA, and specific remedies are provided for.

Henceforth: CEASE and DESIST immediately in any collection or communication attempt by phone or mail, or in any other manner or matter to my phone, address, or person. This CEASE and DESIST order applies to : **************************all parent or subsidiary companies named or not named and any other entity, associate, or representative of said companies. Excepting that: A dated, signed and witnessed letter addressed to me, on your company letterhead, containing the name and address of the original creditor, Account number, and date of first default. Indicating that you are withdrawing and ceasing all collection and reporting activities and immediately, and permanently retiring this alleged debt as uncollectable and unreportable, With Prejudice. Will be an acceptable communication, only.

Any other action will be met with a pleading for relief, and counter.

Yours Sincerely.*************

Not sure that anything can stop them from bundling and reselling the account though. Probably they will go after easier pickings like the other vultures. .. Sorry Mother Nature, don't mean to cast aspersions on your birds:oops:

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