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ALW Sourcing help PLEASE!


jstincrdible32
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Hey guys,

Its been a good while since I have posted here. I haven't had any issues with CA's in a long time thankfully. Until now :-(

This morning ALW Sourcing called my wife about an old Sears account from 1996. Unfortunately, she didn't know about her rights and SOL's and claimed the account as hers.

Can someone guide me as to what steps to take as far as DV letters, etc or guide me to the threads that can help us be rid of ALW before they become a problem?

Thanks for your help in advance :-)

Edited by jstincrdible32
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This account has not appeared on any of my wife's 3 credit bureau reports and ALW has called but never sent a letter.

Should we still send a DV letter? Or, should we wait until they send a letter and THEN send a DV letter?

I hate to send a DV letter now because that would give them our address. I don't know if they actually have our address.

Need more help please. Thanks

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You must demand VOD within 30 days of initial communication (read that the phone call). If you don't they can ignore the VOD letter and proceed with trying to collect.

If she does not receive a letter within 10 days (5 days to mail and 5 for mailing time) detailing her VOD and dispute rights,. you simply file suit against the Collector and then proceed to enforce your VOD rights by demanding VOD within the 30 days and filing suit every time they try to collect without providing VOD. By suing early and often they will get the message eventually and go away.

Edited by Flyingifr
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Forget about a DV. The claim is timebarred by Georgia statute, thus, no legal recourse is available to these ADUB's. In fact, this is a violation in itself as they are misrepresenting the legal status of the debt, see FDCPA 807(2)(A). Remember, it does not matter that they now own the debt, which is most likely.

Send them the C&D telling them to go eat Maggot Droppings, by closing, deleting, if reported, or be sued. Be sure and include your filing of complaints with AG, etc. Don't bother with the required letter. If it shows up, just add to the file for reference.

Regarding the comment about DV'ing after the 30 day window, forget it. The statute is quite clear in that it says only that "IF" you do not dispute, the CA "may assume" the claim is valid. No where does it say that you cannot dispute the claim after the 30 days. We've discussed this before. If this were true, then why 809©? Why 807(8)? As it is, in my repair, this was tried against me, but, they lost. I'm not trying to put anyone down, only want to clarify.

Remember, too many times people read into things what isn't there to begin with. This is a perfect example. Where does it say you cannot dispute after the 30 day window? If you stop and think, the only ones saying this are the CA's.

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Ok, I just received a letter from ALW about this account. They say that I must respond within 30 days (which I have already have).

It also says that that they WILL obtain verification of this debt or obtain a copy of a judgement and mail us a copy of the judgement if we dispute validity. Does this necessarily mean that they actually have these items or something these CA's use to intimidate?

The SOL on this has past so it really shouldn't matter right?

Also, the original account was in Ohio, but we live in Georgia. Which SOL applies in this case, GA or OH?

Thanks in advance for your answers to this.

Edited by jstincrdible32
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It also says that that they WILL obtain verification of this debt or obtain a copy of a judgement and mail us a copy of the judgement if we dispute validity. Does this necessarily mean that they actually have these items or something these CA's use to intimidate?

This is text from the FDCPA which they are required to cite to you. It does not mean they have anything. It does not mean they will try to get anything.

In a strange twist of legalese, while they are required by law to send you a letter which says "we will obtain verification...etc,.. and send it to you...", there is no law that requires them to do what the text says. The law only says they cannot resume collection efforts until they send you the information. So, they may never send you anything, and that's OK, as long as they don't resume trying to collect.

Regards,

DH

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Don't waste your time. The SOL has run. Just file their letter with your notes from phone call and copy of the letter you sent. If they send you anything further saying anything other than they're closing and going away, you will respond with an ITS. They are now in violation, period.

As was noted above, GA SOL applies. The only way they can use the OH is if you returned to that state. If they are stupid enough to even call asking for payment, just respond by saying that any further attempts will result in their being sued. Be sure and get name of rep who called, as well as date, time, comments made, etc. then compose a letter referencing the call, what was said, and what you will do if any further attempts are made.

Also, if you haven't checked your CR lately, do so now, to make sure if they reported this or not. Remember, due to the original date on this claim, the SOL has also run on reporting, even if this CA has purchased the claim.

They need to go away, or else.

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Don't waste your time. The SOL has run. Just file their letter with your notes from phone call and copy of the letter you sent. If they send you anything further saying anything other than they're closing and going away, you will respond with an ITS. They are now in violation, period.

As was noted above, GA SOL applies. The only way they can use the OH is if you returned to that state. If they are stupid enough to even call asking for payment, just respond by saying that any further attempts will result in their being sued. Be sure and get name of rep who called, as well as date, time, comments made, etc. then compose a letter referencing the call, what was said, and what you will do if any further attempts are made.

Also, if you haven't checked your CR lately, do so now, to make sure if they reported this or not. Remember, due to the original date on this claim, the SOL has also run on reporting, even if this CA has purchased the claim.

They need to go away, or else.

Ok. All the advices really helps. Thank You!!

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