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JDB misrepresenting themself?


bradmajors
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Hey everyone.

I'm involved with two JDBs: A$$et Acceptance and Capital Management Services, LP. I had two BOA accounts; A$$et is trying to collect on BOA account #1 and Capital Management Services is trying to collect on BOA account #2. This thread is about Capital Management Services.

Capital Management Services has sent a few letters to me over the past 6 months. I have not responded nor have I initiated debt validation with them. (I didn't really know my rights until I came here and started research because A$$et filed suit against me--but that's another thread.)

All the letters I have received from Capital have been written in a way that makes it seem that Capital is working for BOA and that BOA is still handling the account. Take a look:

- At the top of the letter, it says "Current Creditor: Bank of America"

- Then, there is this written in the body of the letter:

Dear [bradmajors]:

On behalf of our client, Bank of America, Capital Management Services, L.P. is authorized to accept less than the full balance due as settlement on the above-mentioned account [...]

[...]

Bank of America may be required by law to report this settlement to one or more taxing authorities. The Bank makes no representation about tax consequences this may have or any reporting requirements that may be imposed on the Bank. [...]

Can they misrepresent themself like this? It just doesn't seem right.

Also, would you suggest that I go ahead and send a DV letter? It's been over 30 days. I've been afraid to send one because of the worry that they will immediately file suit.

Thanks!

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The answer lies in the answer to this question: Has Capital Management Services purchased the debt from BofA?

If the answer is YES then they are certainly misrepresenting the debt because BofA is NOT their client.

The DV letter should have been sent long ago.

If the answer to the question is NO, then there is no misrepresentation.

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Thanks for your response, flyingifr.

While I haven't seen actual proof that Capital has purchased the debt, I know that they have because BofA has told me that they charged off the debt and that it was sold to Capital.

So, it appears they are misrepresenting themselves. So, now I'm wondering: Does this even really matter? Are they breaking any law by doing this, or is it just merely another example of a shady tactic by a debt collector?

Yeah, I should've done DV long ago, I admit. Is it worth trying at this point or should I just leave things be? What would you do?

Edited by bradmajors
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You need proof that BofA sold it. Perhaps you could convince BofA to write a letter stating they sold the debt to Capital Management. You could also check your credit report. If BofA sold it, it should say sold/transferred.

If BofA did sell it, then Capital is misrepresenting the debt by stating that BofA is the current creditor and their client. That might fall under misrepresenting the status of the debt. FDCPA violation.

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