JDB Refuses to Send A Letter Concerning Debt

[katmando]

How do I handle this. I was contacted two weeks ago by a JDB concerning one of my debts. I explained that I would need a letter in writing from them concerning this debt. They claimed they had sent several. I asked them to what address, (they were sending to an old address in another state). I gave them my new address and asked them if they could please send one to my current address.

A week later they call again, I told them I had not received a letter yet and would request validation as soon as I received it. They claimed they sent it. They did not. I asked them politely again to please send a letter concerning my debt as required by the FDCPA, and reminded them they had five days to send me written correspondance about this debt.

They call me again last night (13 days since the first call) and again claim they sent it and I was lying about having recieved it, then the man began a character assaination (which I recorded) about how I never pay my bills, he went through my credit report and even tried to claim our car payments were late (they are NOT), when I rebutted and told him he was full of it that we have been repaying our debts through CCCS (except our car payment), he told me I was lying again and was just saying that because I was trying to stall to keep from paying my debts....

He refuses to send a letter, and as I tried to explain to him, I would under NO CONDITION pay him for any debt he "claims" I owe over a damn phone, that if he can't back up in writing as required by the FDCPA so I can demand he vaildate it (which I explained to him was my right so I know I am actually paying on a debt 1) I owe, and 2) am paying whom I should be paying) he doesn't need to call again.

Now what do I do? I have every desire to repay my debts and have been through CCCS for several years now.....but they won't send this debt in writing so I can add it to CCCS again. I paid on several accounts through CCCS only to have them sold half way through, this is one of those debts....

Any help would be greatly appreciated....as I see it I can record their calls, however, they conviently claim they sent one, I keep telling them they haven't...it's freaking unbelievable....I honestly do not even know which account it is they claim they are trying to collect on, they keep forgetting to give me my account number.

Any advice at this point would be greatly appreciated...how do I get them to abide by the law and send me this debt in writing so I can request validation so I can pay the damn thing? And what do I do if they continue to refuse?

Anyway I apprecite any feedback....I'm completely stunned and have no clue what to do next....

[jennieb]

Next time he calls, tell him you are recording the call & ask him who he's working for (meaning which CA) & ask for the address of the agency. If he gets nasty, ask for a supervisor. Tell him you don't pay any bills without proof that their yours. Tell him contact by telephone is no longer an option for you & that you insist that all communication with you is to be in writing. Then hang up the phone.

They have to prove to you that it's your debt. Remember, these people follow scripts & want you to feel like dog-do so you'll pay whatever they ask. They are bottomfeeders. They get a commission from every payment they get someone to make.

Send a validation letter as soon as you get the CA name & address.

While I understand your feelings of paying off your debts, there are people out there who capitalize on those feelings & try to rip you off. For as noble as you want to be, they want to take advantage of that.

[katmando]

Thank you for your response. I did let him know I was recording him last night, he thinks I was joking...he's going to find out the hard way I wasn't joking......

I understand about bottom feeders....I just want to repay my debts for myself, and am not sure how to go about repaying them....in America one has three choices concerning what to do about their debts 1) file bankruptcy, 2) repay every dime they borrowed risking the chance they'll be riped off or 3) walk away from their debts and get drug into court one day....I have no desire to have the later happen, though when we do our lawyer replies with a demand for strict validation in front of a jury....

It's ashame in this country that you can't repay your debts fairly and honestly and resolve them legally!! The chances are almost 100% that you will pay off one JDB only to have the debt reappear down the road....I'm sick of being denied my rights as a citizen to legally pay my debts back and I'm fighting tooth and toe nail to do it....if they continue this game can I demand to settle with the original creditor, my understanding is they are still legally responsible for how this debt is collected? In fact I have heard that when I take a JDB to court I can also take the original creditor to court as well because in most cases they sold the debt but still legally own the debt because they hold the signed contract.....do you or anyone else have any information on this?

[jennieb]

Search this site for info on how to fight JDBs.

Also, whether you have a paid collection or a TL from a JDB, your score is still affected negatively (depending on the JDB - some are considered real slime in the banking world & are disregarded when on reports).

If you have a CA calling you & the acct has been sold to them, calling the OC will do nothing.

[katmando]

Sorry to haggle the issue.....I truly appreciate your advice and will DV them the next time they call (am kicking myself for not thinking about it myself how embarassing).....while I was searching the net I happened to find this at rip-off.com and found it interesting.....This is a reply to debt collector by Steve, Bradenton, Florida U.S.A.

"In response to your atempt to 'educate' me, you have no idea what you are talking about. Go back to your cubicle now.

The point you are missing, as do most collectors, is that the alleged amounts being collected upon are not actually debts anymore.

I have used a strategy in court that works when done properly. You see, once a debt is SOLD, it is no longer a debt, it is an INVESTMENT. The INVESTOR has no legitimate claim to a lawsuit because they made a BAD INVESTMENT.

Nobody forced them to buy that debt for pennies or less on the dollar. They willingly and knowingly purchased the old charged off uncollectable account for INVESTMENT purposes.

I never entered into any agreement with these people, and they are not creditors. They DO NOT lend money, therefore they do not have a valid claim to sue me. This is like you telling your stock broker to buy a bunch of stock, and when it crashes, you decide to sue the stock broker because you lost money on your INVESTMENT. Debt buying is no different. They are speculators and investors.

Investments don't always work out.

FYI..They ignored the CEASE COMMUNICATIONS letters. They attempted to sue, but I got both dismissed as frivolous due to them ignoring my debt validation request and their subsequent inability to validate the debt."

Ever heard of this as a defense? You know legally it makes sense to the average Joe out here.....am curious though if it could legally be used as a defense? Not planning to use it in court but to petition my state to enforce stricter laws which allow debtors to ACTUALLY be able to repay their debts once, not over and over and over again...

[jennieb]

Like I said, it's nice that you want to do the right thing & I know most people who post here do, too.

HOWEVER, get used to the idea that there are organizations & businesses out there that want to and will defraud you in order to line their pockets & they will use your "goodness" & warm soft fuzzy feelings to their advantage & your disadvantage.

Key word above is business & that's how you have to think of your situation. As a person who works hard for their money, would you willingly give it to me just because I say you owe me??? You'd want to know everything about the transaction we engaged in before you'd give me a dime. That's how you have to think when dealing with unscrupulous CAs & the scum that they employ. They are looking for ways to line their pockets with your hard earned $$ & they want you to give it to them just on their say-so.

Are you really that naive??

[katmando]

Are you really that naive??

No....not really......my husbands job requires him to have a security clearance which requires us to repay our debts which went in to default while he was unemployed in early 04....we've been trying to repay them since 05....been ripped off, screwed over and truly if we could find a better way we'd jump at it.....we didn't file bankruptcy because we felt that once back on our feet we could repay our debts and should repay them if we financially could....by the time that came all our creditors sent us to JDB's....we didn't know any better and began paying them through CCCS (we use them for the paper trail for the clearance), we thought these were legit collection companies, not scummy trashy bottom feeders who steal, lie and cheat you.....we still have a few to finish paying off and within a year will have repaid every dime plus a whole lot more back...after that we make enough to never have to borrow again so for us we can say screw our CR's...it's just not worth oweing anyone for anything and paying the interest to have it today so you can hit a bump in life tomorrow and go under...hope that helps.....some of us just didn't know any better and some of us have no choice....

But we are still looking for a better way to repay our remaining debts then repaying the few JDB's that are left if possible....most of my questions are concerning finding a another way....JDB's are as crooked as a snake I couldn't agree with you more, but I signed a contract that stated I could repay my debt and put it behind me, I'm damned if some sleezy low-life loud mouthed greedy JDB's are going to prevent me from doing just that because they can't make their money any other way........and there has to be laws somewhere that support us and hold the original creditor to the same contract they had us sign....I'm just trying to find them.....

[analog_kid]

I'm not quite as knoledgeable as most people here, but my $.02 is this: You are wasting your time trying to reason with CAs. Send them a DV or C&D, and if they fail to fulfil their end of that obligation, sue them!

The more I read here the more I learn that CAs thrive on your shame, your wanting to remedy the situation, and the fact that you more than likely aren't knowledgeable enough on the collection laws that protect you to be able to get rid of them. Educate yourself, don't give in, and you will make a lot of progress.

[lolah]

not scummy trashy bottom feeders who steal, lie and cheat you.....

All CA's and JDB's fall into this category.

[jennieb]

My husband works on some jobs that require some very tight security clearances & he's never ever had any items on his credit report questioned by his employer.

I think there's more to this situation than we're being told.

No employer can MAKE you settle debts and/or clear your credit record.

[sgip2000]

I work for one of the large CPU manufacturing companies and had to go through a tough security screening process that included a background check and credit report pull. I asked about the need for the CR and was told, all they were looking for was a paper trail. They didn't care about the accounts on it, just addresses and names and that the SSN matched.

[AISLE4]

There is no law that requires you to request validation in writing. The next time they call, ask for validation. Of course, record the call. If they contact you again in an effort to collect the debt after you've asked for validation, it is a violation. After the DV they can only contact you to tell you what they are going to do: validate or disapear.

The bottom line is that if they won't send info to you at the address you have given them, they likely have nothing.

[Textoy]

For reference:

Since 911, security got tighter.

Just as an employer will turn you down for a job, the gov is forcing you to clear up your debts to maintain your security clearance. There was another post I read recently where a sergant is being forced out of the military because he lost his clearance due to debts. I am here going through all this because of this very thing. It's real folks. I got the official letters to prove it. Hang in there Katmando. You will get there. Do you have caller ID? Is there a phone number displayed? If so then try tracking back the phone number via the BBB. If found, you can get an address.

[jasen]

Don't you have their address? Only a phone number? Is it on the credit report yet?

Stop asking them to send you something, and just send them a DV. If they have it, they'll hopefully respond to it, if not, they'll likely just slink away if they're smart.

There's little reason to talk to them on the phone except to be made upset.