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I've got power of attorney for my son & now have a JDB calling


Wishmich
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Background: My son opened a credit card with Credit One Bank. $250 limit. He defaulted; was charged off and someone from RPM called me saying that they bought the debt; the balance is $660 and he said my son told him that he'd settle for $$471.56. I told the guy that I have no records on this; I need to pull his credit report and go from there. He said he'd give me 5 days and then the offer is off the table. I have no paperwork on this...no statements...nothing. The guy claims it's not on his credit report, but he was a typical collection jerk and I'd be surprised if he wasn't lying.

Where do I start to keep my son's best interest in hand here?

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I just obtained his credit report. It shows LVNV as buying this debt. RPM probably bought it from them, however it does not show them anywhere other than inquiries. How do I handle this guy when he calls again next week? I obviously need proof that they own this debt, but then shouldn't LVNV need to be off the report if they don't own it anymore? I'm confused.

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Ok, now I see that RPM is claiming that their client is Resurgent Capital Svcs. Current owner is LVNV Funding. OC is Credit One Bank.

LVNV has the same account number as the OC's, coded as open collection account. I see there's a sticky about LVNV and need to sort out what to be done with this. It's getting deeper and deeper.

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Since he is deployed, you can handle this exactly as you would if it was your own personal debt using his POA as your authority to do so...start the Dispute/validation process and see what, if anything, they send you to substantiate the debt.

It's likely they have nothing and probably more likely that they'll simply go away until some other bozo JDB buys it and starts the crap up again six months or a year from now.

Their "offer" being off the table is meaningless dribble/CA speak...don't let them push you around.

HOWEVER...

Just because you have the legal power to address this on behalf of your son doesn't mean you are obligated to do so...you can tell them he's deployed and to leave you alone...you can then either ignore their calls or you can fight them directly using/enforcing your own rights under the FDCPA.

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Thank you for your response and it gives me something to think about. I told my son that I would work on cleaning up his credit (not much...mainly this) while he's gone. I have a feeling if I open this LVNV can of worms, it's going to be a mess. I'm going to have to read and reread this forum and probably ask a million questions on the way.

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Repeat after me: "Soldiers and Sailors Civil Relief Act...."

Have you son contact his JAG to send these people a letter saying he is deployed protecting THEIR safe butts and they should stop the nonsense until he is returned home.

The OP can do that of course but two problems...

One is that it doesn't address the issue of the debt (and in fact, does it not toll the SOL?).

Two, is that "poor" credit histories have become a major issue for service men/women these days...they can loose their security clearance because of issued like this. That said, handling this might bear some "light stepping".

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There’s a very good chance if your son’s military and deployed the debt claim is bogus. I faced the same situation with my son when he was deployed. These collectors are hoping you’re a soft and easy mark.

Military personnel files have been hacked, stolen, and compromised….well, I’ve lost count….numerous times within the past six-years. Asking for verification and validation of the debt blows the clam apart.

I would moved extremely slowly and cautiously, and whatever you do don’t pass your sons account numbers!!!. Your son will have his account emptied... monthly.

As a previous poster wrote federal law prevents collection upon active duty military. These young men and women have their plates full.

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You're so right, Templar, and I do intend to move cautiously on this. I don't know if my brain is overloaded right now or not, but I'm really stuck on my first step here. Since I have nothing, other than his credit reports, I'm not sure where to begin to ask for validation. The CRA? Or do I call this guy from RPM back and ask that he send me something in writing or wait for him to call me to ask it?

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You're so right, Templar, and I do intend to move cautiously on this. I don't know if my brain is overloaded right now or not, but I'm really stuck on my first step here. Since I have nothing, other than his credit reports, I'm not sure where to begin to ask for validation. The CRA? Or do I call this guy from RPM back and ask that he send me something in writing or wait for him to call me to ask it?

This is not a credit report issue (or at the very least, the CR is the least important factor here).

The Dispute/Validation process ALWAYS applies/done with the Collection Agency contacting you (and a "law firm" who collect debts IS a Collection Agency in every way that matters).

Do some reading here and then sit down a craft a letter (don't use any form letter as anything more than a guide) that asks for the information YOU need to make an informed decision about the debt. If possible, you need to start the D/V process within thirty days of their initial contact with you if to be able to enforce all your rights in this matter but do it regardless of how long it's been since first contact.

It's likely that they won't respond at all. If they do respond, it's likely it will be with minimal information and perhaps even "documentation" they made up (no, I'm not kidding).

In any case, spend the time waiting for them to reply educating yourself so that if they do reply; you'll know what your next step should be. And of course, this board is here to help.

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Not much this JDB/Collector can do besides howl and beat the chest. Your son's 5k miles and 18-months away facing other priorities. The US Military isn't concerned over these matters in a war footing.

Perhaps if this collector is insistent you can ask for the paperwork for you to take to your family attorney for review on the claim's merits. It'd be a good idea considering the overall situation.

e.g. very poor communications with your son and the fact military personnel files have been hacked.

Good luck to you and your young man.

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