Nurse2Be Posted January 17, 2009 Report Share Posted January 17, 2009 Some of you may remember my posts about dealing with Mann Bracken.I rec'd a dunning letter from them back in August (complete with mini-Miranda and info stating that I can request a DV). I immediately responded with a DV letter, which they did not respond to. I called their office and spoke to an assistant, who said they rec'd my letter and that I was entitled to everything I requested. He said he'd have to talk to one of the attorneys about it and they'd get back to me. No one ever called me back. In mid-December, I rec'd a summons in the mail. Attached to it was an affidavit and a computer-generated page with my information on it. The real summons was placed in my mailbox on Dec 23.I decided to hire a NACA attorney instead of trying to deal with this on my own. He went to court for me on Jan 14 and got the case continued until April 30. He said they have to produce a signed contract (among other things) or we will ask this to be dismissed with predjudice. We are also countersuing for violation of the FDCPA.The attorney said they almost always win these sorts of cases. He said every once in awhile, a CA is able to get the original contract from the OC, but that is very rare. They just won a case against Mann Bracken two weeks ago. Just thought I'd give a quick update. I'll update this thread after we go to trial in April. Link to comment Share on other sites More sharing options...
miro2 Posted January 17, 2009 Report Share Posted January 17, 2009 good luck to you...please update on the outcome Link to comment Share on other sites More sharing options...
Destroyer Posted January 18, 2009 Report Share Posted January 18, 2009 He said every once in awhile, a CA is able to get the original contract from the OC, but that is very rare. Why is it so hard for the collection agency to get the contract from the original creditor?In my case, the first collection agency did produce the original contract with my signature (car loan for a totalled car). However, when we went back to them about provind the debt was theres and issues with the insurance, we never heard from them. Second collection agency never responded to two requests for debt validation. Now we have a third one after us. I wonder if they'll be able to get the original contract when we DV them. Link to comment Share on other sites More sharing options...
Nurse2Be Posted January 18, 2009 Author Report Share Posted January 18, 2009 Why is it so hard for the collection agency to get the contract from the original creditor?In my case, the first collection agency did produce the original contract with my signature (car loan for a totalled car). However, when we went back to them about provind the debt was theres and issues with the insurance, we never heard from them. Second collection agency never responded to two requests for debt validation. Now we have a third one after us. I wonder if they'll be able to get the original contract when we DV them.The attorney said a lot of cc companies just didn't (or don't) keep them on file. And, if they have sold the debt, they just won't go through the trouble to get that info for the CA or JDB because there is no reason for them to. Sounds a bit odd to me...you'd think they'd keep very good records just in case. In my case, the computer printout they provided says the card was opened in 2004. That in itself is fishy, because I believe this debt is my ex-husband's. I know I didn't open any credit cards that year, because I wanted to leave him and was trying to get my ducks in a row. However, he did open at least 3 cards in my name, so...he could have done that with this one too. I'm very curious to see how this turns out. My guess would be that you don't have anything to worry about if the first two CAs that came after you couldn't provide the DV. Link to comment Share on other sites More sharing options...
OMGWhatHaveIdone Posted January 18, 2009 Report Share Posted January 18, 2009 I know I didn't open any credit cards that year, because I wanted to leave him and was trying to get my ducks in a row. However, he did open at least 3 cards in my name, so...he could have done that with this one too. Have you filed a police report since your identity was stolen by your ex? Link to comment Share on other sites More sharing options...
Ravenous Wolf Posted January 18, 2009 Report Share Posted January 18, 2009 Sounds a bit odd to me...you'd think they'd keep very good records just in case.Absolutely not. These outfits are here to make fast money and even the collections trade organization reprimanded collectors for accepting stuff with little to no documenation. Little to no documentation just means fast money for an outfit who is lying or bullying their way for payment. Link to comment Share on other sites More sharing options...
Nurse2Be Posted January 18, 2009 Author Report Share Posted January 18, 2009 Have you filed a police report since your identity was stolen by your ex?No, only because we have a son together and I don't want to make things complicated. He's a good dad and that's what matters to me. I learned a LOT from that relationship and certainly won't make the same mistakes again. I'm much more careful and a lot less naiive now. Link to comment Share on other sites More sharing options...
Nurse2Be Posted January 18, 2009 Author Report Share Posted January 18, 2009 Absolutely not. These outfits are here to make fast money and even the collections trade organization reprimanded collectors for accepting stuff with little to no documenation. Little to no documentation just means fast money for an outfit who is lying or bullying their way for payment.Well, I am hoping that this is true in my case. LOL I'd love to have this dismissed with prejudice. Link to comment Share on other sites More sharing options...
OMGWhatHaveIdone Posted January 18, 2009 Report Share Posted January 18, 2009 No, only because we have a son together and I don't want to make things complicated. He's a good dad and that's what matters to me. I learned a LOT from that relationship and certainly won't make the same mistakes again. I'm much more careful and a lot less naiive now.You are going to be haunted by these three cards that were illegally put in your name, until you get a fraud report into the police. You're being dragged into court unnecessarily because of this. It's just my take on it, but if my ex put cards in my name, there's no doubt I'd be filing a report with the police, no matter how "good" of a father he was. He can't be that good if he's showing your child that it's okay to be dishonest. What sort of morals and values does that impress upon your son, knowing that you are doing without things you could have because you don't want to call his dad out on ID theft?My ex is a good dad too, but he's walking around faking a disability. I know it, he knows it, our daughter knows it. I've sent proof of this three times to the AG's Insurance Fraud dept. and they NEVER do anything. You bet your A$$ I'd rather see him in jail for this than to be showing our kid that it's okay to lie and get away with it. Just because he plays with my daughter doesn't necessarily make him a good dad. Link to comment Share on other sites More sharing options...
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