Looks Like Debt Resold after I DV-what now?

[MrLogan13]

I had a CC account with Capital One years ago, which unfortunately I fell behind on after leaving the military for injuries sustained; I am a disabled veteran.

CA's would send notices every once in a while, and then it stopped. A few months ago, I get a letter from Eskanos & Adler, warning me that they would take me to court if I didn't pay. Thanks to this informative forum and site, I did a DV. Eskanos & Adler sent me my original CC application (is this a good enough validation?).

So I sent them another certified letter trying to settle with them. I owed about $2k b/c of interest; I tried to explain the circumstances of my financial difficulty at the time, and tried to negotiate for $1k. Anyway, months passed by and I received no response at all from Eskanos & Adler. Now, more than three months later, I get a letter in the mail from a DIFFERENT CA trying to collect on the same debt. Now it's the Northland Group Inc. Did Eskanos pass it on to someone else? And what should I do now??

Here is the text of the letter that was sent to me by the new CA:

Dear MrLogan13,

In order to assist you in clearing this debt, we are offering options.

Option I: Our client, Capital One Bank, will allow you to settle your account for $1,404.53 in 3 payments starting on 11/26/07. The first two payments will be $468.18 and the third payment will be $468.17. Upon receipt and clearance of all three payments, this account will be considered satisfied and closed, and a release letter will be issued.

Option II: Our client, Capital One Bank, will allow you to settle your account for $1,519.66 in 6 payments starting on 11/26/07. The first five payments will be $253.28 and the sixth payment will be $253.26. Upon receipt and clearance of all three payments, this account will be considered satisfied and closed, and a release letter will be issued.

Please contact the representative below at ____if you have any questions. These are not your only options.

As of the date of this letter, the current balance on your account is $2,302.51. Because of interest taht may vary from day to day, the balance due on the day you pay may be greater. This does not affect the settlement offer.

[NewLife4Me]

Make Northland gorp send you verification of the debt. It should show the that the debt was passed to them by the other collection agency.

But all and all just Dv them

[NewLife4Me]

..

[flycouture]

When oc assigns always dv! when oc sells dv-- if ca or jdb ask what time it is --dv!

[MrLogan13]

lol...DV it is. I'm still new to all this and I understand all the acronymns. What's a JDB? Is it anything like a JBT?

[NewLife4Me]

JDB is Junk Debt Buyer

[StressPot]

CA's would send notices every once in a while, and then it stopped. A few months ago, I get a letter from Eskanos & Adler, warning me that they would take me to court if I didn't pay. Thanks to this informative forum and site, I did a DV. Eskanos & Adler sent me my original CC application (is this a good enough validation?).

So I sent them another certified letter trying to settle with them. I owed about $2k b/c of interest; I tried to explain the circumstances of my financial difficulty at the time, and tried to negotiate for $1k. Anyway, months passed by and I received no response at all from Eskanos & Adler.

Is your original CC application signed by you?

(In your shoes I myself would consider that proper if the answer is yes.)

They threatened litigation and did not take action. They have violated the FDCPA 807(5) False or Misleading Representation: "The threat to take any action that cannot legally be taken or that is not intended to be taken."

You have up to a year to file a lawsuit in regards to a violation of the FDCPA. It doesn't matter if they work the debt anymore, but having proof (like the letter) is highly recommended!

Now, more than three months later, I get a letter in the mail from a DIFFERENT CA trying to collect on the same debt. Now it's the Northland Group Inc. Did Eskanos pass it on to someone else? And what should I do now??

You received a letter from Northland. Did it state they own the debt now, or does the letter show the current debt holder?

As far as what you should do, I agree that DV'ing would be a good step. Document all communication if you can.

[flycouture]

Alot of ca's and jdb threaten to sue. But know your rights and don't let them pressure you into doing something you'll regret. That's how they are trained to deal with you!. Don't forget to stay off the phone with them!

[MrLogan13]

Is your original CC application signed by you?

(In your shoes I myself would consider that proper if the answer is yes.)

They threatened litigation and did not take action. They have violated the FDCPA 807(5) False or Misleading Representation: "The threat to take any action that cannot legally be taken or that is not intended to be taken."

You have up to a year to file a lawsuit in regards to a violation of the FDCPA. It doesn't matter if they work the debt anymore, but having proof (like the letter) is highly recommended!

You received a letter from Northland. Did it state they own the debt now, or does the letter show the current debt holder?

As far as what you should do, I agree that DV'ing would be a good step. Document all communication if you can.

Yeah, the app was signed by me. And Northland only stated that CapitalOne has assigned the debt to them. There's no mention of Eskanos & Adler.

[Amerikaner83]

calital one raerely sells their jebts. They seem to assign them.

[MadMonkey]

Go to this thread and read my post:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=277529

You might be protected by the Soldiers’ and Sailors’ Civil Relief Act. It certainly would not hurt to throw that in the frying pan and see what cooks up.

Believe, me no-one wants to look like there sticking it to a veteran. It's bad business.

[nascar]

Is your original CC application signed by you?

(In your shoes I myself would consider that proper if the answer is yes.)

The original, signed application is not validation. It only serves to show that there was an acceptance to an offer to extend credit. The fact that the signed application exists doesn't mean that anything is actually owed upon it. This is the one instance that Spears v. Brennan has some value.

[hopelesscred]

I've jus discovered Spears v. Brennan good reference case for DV issues.

U are in Ohio...Even I though I think there exists case law that defines CCs as open, your SOL is still six years for open contracts (15 for written ouch!!)..Crap 1 rarely sells their debts and they keep good records.

Northland is one of their favourite CAs--follow PP advice and DV away and they will like be gone...then u can negotiate directly with CRAP 1.