despore Posted March 9, 2011 Report Share Posted March 9, 2011 In December of last year I started getting phone calls from brachfield Law group about a dept from two year's ago.I admited I owed bank of america 5k. Brachfield Law group offered to settle for 2.5k. I countered with 1.2k now and 500 in two months. They accepted.They then emailed me the paperwork. However on the paperwork there was no reference to any bank of america account number that I could recognize. I called them up on this and said I refused to pay untill they told me exactly what account I was settling. They said they did not have this information as they were only the lawyers for another collections agency. The next day I sent a letter via fedx following the outlines of a DV form (yes I know at this point in the game DVing is not legaly binding). They continued to call over the next few days. I picked up the first couple calls and repeated my request for information. On the third day I stopped recieving calls and have not heard from then since.Is there anything I should be doing now? Secondly I am worried about them sueing me and lying/forging paperwork about serving me (googling the brachfield law group brought up many shady story's).How do I check up on this scenario? Link to comment Share on other sites More sharing options...
BV80 Posted March 9, 2011 Report Share Posted March 9, 2011 If it were me, I'd immediately check my credit report to see what's being reported by BofA. Sounds like BofA sold the debt. If that's the case, chances are the JDB who hired Brachfield will be reporting the same debt on your CR. Since they no info about the debt and certainly can't prove who owns it, I wouldn't pay them a penny. If they were to sue, they must prove ownership.When is the SOL up on the debt? Link to comment Share on other sites More sharing options...
despore Posted March 10, 2011 Author Report Share Posted March 10, 2011 So I checked my credit, and I have one BOFA account that was charged off. It also looks like Midland Managment purched some dept. (account status:closed)I have aprox one year and two months till I pass the SOL. I don't mind settling but I insist on doing so in terms that I can live with.Should I send a letter to midland mangaments now requesting information, or should I wait for them to contact me? Link to comment Share on other sites More sharing options...
BV80 Posted March 10, 2011 Report Share Posted March 10, 2011 If it were me, I wouldn't call them. But there's no guarantee they're not going to sue, or that they'll contact you before and if they sue. If I heard from them again, whether through a collection attempt or a lawsuit, I'd be make them prove they own the debt and also provide proof that the amount is correct (statements with charges, payments, fees, interest, etc.)You have to do what makes you comfortable. You should be aware that if they settle for a smaller amount, they could sell the remaining amount to another JDB who would then contact you. If you choose to pay, get everything in writing, including a statement from them that once the settlement amount is paid, the debt is then paid in full...no remaining balance. Be sure and keep track of the payments as well. Neither Midland or Brachfield is known for honest accounting methods. Link to comment Share on other sites More sharing options...
nrgins Posted March 10, 2011 Report Share Posted March 10, 2011 First of all, saying they're just attorneys for a collection agency is bogus. If they're the attorney, then they have the case info. I had a JDB attorney contact me and he had all my info. So that's just bogus, and I'd be very suspect at that.Second, if they can't provide you with your account information, then they can't possibly enter into an agreement with you. If you pay them, you need to get something IN WRITING saying that the amount settles the debt completely, and they will not sue you for the remaining amount, nor sell the remaining amount. If they can't even provide the account number, then they certainly can't do that.Third, just because they've been calling you doesn't mean they're going to sue you. It depends on different factors.And, yes, they could sue you and falsely say they served you. But then you'd be able to get any judgment overturned if they can't show proof that they served you.So, if it was me, I would just ignore their phone calls from now on and wait out the SOL. But that's just me. Link to comment Share on other sites More sharing options...
despore Posted March 14, 2011 Author Report Share Posted March 14, 2011 HI guys, thank you for the time it took for your responses.So on Friday, March 11th (talk about coincidence) they finaly replied to my DV form. They included the original credit application and the last statment before the account was charged off.I know this constitues proper proof for proving credit. I do have one question. I sent the original letter requesting DV on Decemember 26, and they recieved it on Decemember 30th 2010.However the letter the sent back to me is dated Febuary 25th 2011. From what I understand they have to respond to a DV form within 30 days. However it took them almost two months. Is there response still valid? Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 14, 2011 Report Share Posted March 14, 2011 (edited) I do have one question. I sent the original letter requesting DV on Decemember 26, and they recieved it on Decemember 30th 2010.However the letter the sent back to me is dated Febuary 25th 2011. From what I understand they have to respond to a DV form within 30 days. However it took them almost two months. Is there response still valid?No, they can respond in any time frame. They're just not supposed to continue with any collection activities until they do. Check out the FDCPA laws.... The 30 days is your time frame, not theirs, in responding to their "dunning letter"....-----------------------§ 809. Validation of debts [15 USC 1692g](a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. © The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. Edited March 14, 2011 by LearningasIgo Link to comment Share on other sites More sharing options...
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