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Asked for validation - Debt has been resold?


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I'm new here, I just finished reading Good Credit is Sexy. Before I read the book, I used the free information here to ask for a validation of a debt. I never heard from the collection agency again, but I received a letter for the same debt from a different collection agency.

How should I proceed?

Should I send them another validation letter?

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Thanks guys,

The two agencies harassing me are Northland Group and Bureau of Collection Recovery, Inc. I DV'd both debts YEARS ago.

Also, BCR is calling my brother of all people. He's says he's not me, I don't live with him, but they said they don't care.

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If you DV'd them years ago, is this debt beyond the Statute of Limitations? If so, just tell them to pound sand.

As for them calling your brother, they can only call him once in an effort to locate you. If they call him more than once, they are violating the law. If they already know how to contact you, they have no business calling him at all. If they are violating the law, start documenting their actions. You may be able to use it against them later.

DH

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what must be included for a DV to be complete?is debtor now accountable to JDB even if debt was charged off by OC?

Correct. Your communication will now be with the collection agency. DV - basically you are requesting for the collection agency to validate the debt; there is no need to mention a lot of long jargon- get to the point.

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I appreciate all the help....

I sent a DV to National via USPS Certified Mail this morning.

BCR called me this morning and the agent was rude. I told her I never received a letter from them, which is the truth. I then proceeded to tell her I don't feel comfortable talking about my finances over the phone, and that if BCR sent me something in the mail, I would feel more comfortable and we could proceed. She then started screaming at me, using vulgarity, calling me a deadbeat, saying I would go to jail. I simply restated I need something in the mail, and that I won't discuss my finances or give out financial information over the phone. She finally cursed at me, then hung up. She said the phone conversation was recorded, I can't believe she would record such a call.

How should I proceed?

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I appreciate all the help....

I sent a DV to National via USPS Certified Mail this morning.

BCR called me this morning and the agent was rude. I told her I never received a letter from them, which is the truth. I then proceeded to tell her I don't feel comfortable talking about my finances over the phone, and that if BCR sent me something in the mail, I would feel more comfortable and we could proceed. She then started screaming at me, using vulgarity, calling me a deadbeat, saying I would go to jail. I simply restated I need something in the mail, and that I won't discuss my finances or give out financial information over the phone. She finally cursed at me, then hung up. She said the phone conversation was recorded, I can't believe she would record such a call.

How should I proceed?

Well, I wouldn't send a DV until they send a dunning letter. If you're sure that the debt is out of statute you could always send them a FOAD letter. But, then you have to watch out in case they decide to file a suit against you. They could still file and you'd have to raise the affirmative defense that they're out of statute.

By the way, she's not allowed to use vulgarity or threaten you with jail. That violates the FDCPA.

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Well, I wouldn't send a DV until they send a dunning letter. If you're sure that the debt is out of statute you could always send them a FOAD letter. But, then you have to watch out in case they decide to file a suit against you. They could still file and you'd have to raise the affirmative defense that they're out of statute.

By the way, she's not allowed to use vulgarity or threaten you with jail. That violates the FDCPA.

I got another call today.

Would it help if I recorded these calls?

I was threatened again with jail time and legal actions. Once again, for the fifth time, I said, send me something in writing, I don't discuss finances over the phone. This seems to really aggravate them for some reason.

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Yes, record the calls! Right now they are piling up the violations, but you need proof on your side in order to collect.

Read FlyingF's threads - that airplane he has as his avatar, he bought with the $$$ from FDCPA violations.

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Yes, record the calls! Right now they are piling up the violations, but you need proof on your side in order to collect.

Read FlyingF's threads - that airplane he has as his avatar, he bought with the $$$ from FDCPA violations.

Will do....I'll record the calls.

If I tell them they're violating the FDCPA, will that make them think twice?

Also, should I say I'm recording the call?

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Will do....I'll record the calls.

If I tell them they're violating the FDCPA, will that make them think twice?

Also, should I say I'm recording the call?

NJ is a one party consent state. Calls from collection agencies are often calls that cross state lines and therefore have the potential to sometimes become complicated legal issues especially when one state is a one party consent state and the other state is an all party consent state. It is always best to avoid such situations.

What can happen is that you do not violate the law in the one party consent state (ie NJ) but you can violate the law in the all party consent state where the call originates, or even is routed through.

Moreover, since the call went across a state line, then federal laws would certainly apply. The most famous case involving this type of issue is the Linda Trip case. You will recall that Linda Trip recorded the telephone conversations of Monica Lewinski concerning her relationship with President Clinton. Trip was in Maryland and Lewinski was in DC. Note that Maryland is an all party consent state while DC is a one party consent state. The law is actually quite fuzzy on these issues. Best advice to you is to assume that the disclosure law would apply. It can not do you any harm.

Personally if for no reason other than to avoid any potential admissibility of evidence problems further down the line I would always advise that the call "may" be recorded to provide an accurate record of the conversation. I also follow it up by asking them to clearly identify themselves by their real name and staff identification number. This often results in the brisk termination of the call.

But at the end of the day it is your call, (excuse the pun :wink: )

Your assumption that these people are capable of thinking at all let alone twice is a refreshing twist on the naivety of the human condition :p

A good resource for someone in NJ and those of us in PA that you should find full of useful information can be found performing a google search for

"pennlawyer.com/fdcpa"

Good luck :)++

For the avoidance of doubt I Am Not authorised to practice law in the USA and any content is simply my lay opinion and general commentary. It should not be construed as nor is it ever legal advice. For legal advice you should consult a licensed Attorney.

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  • 3 weeks later...

I'm still getting these harassing calls. When I tell them to cease and desist, and they're violating the law, they'll laugh or say I'm going to get sued. Since my voice mail recorder on my phone is broken, I just picked up a phone recorder at Radio Shack. I have repeatedly asked them to mail me something, that I will not discuss finances over the phone, and I'm aware of the law. I find they'll stop for ten days, then they call me four times per day for ten days straight.

How should I proceed? They won't validate the debt, I repeatedly tell them to mail me something, but they claim they did. They're a bunch of pathological liars, I never received a dunning letter from these morons.

I'm sorry, I'm really starting to get annoyed.

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I'm still getting these harassing calls. When I tell them to cease and desist, and they're violating the law, they'll laugh or say I'm going to get sued. Since my voice mail recorder on my phone is broken, I just picked up a phone recorder at Radio Shack. I have repeatedly asked them to mail me something, that I will not discuss finances over the phone, and I'm aware of the law. I find they'll stop for ten days, then they call me four times per day for ten days straight.

How should I proceed? They won't validate the debt, I repeatedly tell them to mail me something, but they claim they did. They're a bunch of pathological liars, I never received a dunning letter from these morons.

I'm sorry, I'm really starting to get annoyed.

you should have the calls transcribed, send a copy to the Ca with a pay me for violations letter,,or see ya in court..bet they stop calling

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Pile up the violations for at least the next month or two.

I'm suing one one call where I was called a "criminal" & "thief". I was then told I can't have a jury when they were going to sue me and that I cannot appeal the judgment.

That was all it took for me to sue.

Read Peter Barry's artcle "the Avenger". He got $277,000 for his client where a debt collector told his 13 Year old daughter her Dad was an "F******* Liar".

Damages include actual damages which include pain and suffering. All Peter barry did was demonstrate the kids grades dropped from the incident and thats what the collector settled for!

Keep "teeing up the lawsuit" by gathering more violations. Keep good records like everyone said in previous post, then....

UNLEASH HELL!

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