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New... to me... C/A and JDB


donqII
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Anyone heard of the following JDB?

FFIF-ACM OPPORTUNITY FUND LLC

or the C/A CREDIT CONTROL LLC.

I just got a new "Important Notice-Settlement Offer"

Dunning...

I guess it is a dunning even though it is titled settlement

offer because it does have the mini Miranda 30 day

DV notice in here...

The JDB is listed as the current creditor and They do list

the name of the original O/C and call the O/C as that... Original O/C.

The C/A is acting as the collector for the JDB.

I found the C/A on a search....

But nothing on the JDB... No web site, no info... and not

anything on Ripoff...

I will DV but just was wondering if anyone has heard of them?

They have a catchy opening paragraph....

"We understand this bill has been delinquent for quite a while, this matter will not go away on it's own but our client has given us the authority to make a very generous offer to you."

Now... isn't that sweet of them to tell me it won't go away? :ROFLMAO2:

Their offer is 65% .... of the alleged debt.

Hmmmmm...

I wonder if the least sophiticated consumer might interpret that

opening paragraph as a threat?

I also need to brush up on my FDCPA .......

I may have dreamed this but I thought I read somewhere

recently that they cannot make a settlement offer before

they verify/validate?

In addition... On my 7-2011 Experian and Equifax credit reports,

the OC is still claiming they are the OC with an outstanding amount,

charged off... and both CRSs list the last reporting date as 7-2011

for this specific account...and no mention of this account being sold.

(TU wont know for a while cause they would not let me pull in online.)

Well, I will DV them but something seems way off on this.

Edited by donqII
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Anyone heard of the following JDB?

FFIF-ACM OPPORTUNITY FUND LLC

or the C/A CREDIT CONTROL LLC.

I just got a new "Important Notice-Settlement Offer"

Dunning...

I guess it is a dunning even though it is titled settlement

offer because it does have the mini Miranda 30 day

DV notice in here...

The JDB is listed as the current creditor and They do list

the name of the original O/C and call the O/C as that... Original O/C.

The C/A is acting as the collector for the JDB.

I found the C/A on a search....

But nothing on the JDB... No web site, no info... and not

anything on Ripoff...

I will DV but just was wondering if anyone has heard of them?

They have a catchy opening paragraph....

"We understand this bill has been delinquent for quite a while, this matter will not go away on it's own but our client has given us the authority to make a very generous offer to you."

Now... isn't that sweet of them to tell me it won't go away? :ROFLMAO2:

Their offer is 65% .... of the alleged debt.

Hmmmmm...

I wonder if the least sophiticated consumer might interpret that

opening paragraph as a threat?

I also need to brush up on my FDCPA .......

I may have dreamed this but I thought I read somewhere

recently that they cannot make a settlement offer before

they verify/validate?

In addition... On my 7-2011 Experian and Equifax credit reports,

the OC is still claiming they are the OC with an outstanding amount,

charged off... and both CRSs list the last reporting date as 7-2011

for this specific account...and no mention of this account being sold.

(TU wont know for a while cause they would not let me pull in online.)

Well, I will DV them but something seems way off on this.

I don't think there's a problem with offering a settlement as long as they don't overshadow in some way. If they're simply making an offer (no threats), that's debt collection.

For instance, if this is their first contact with you, it might be a violation to say that "unless you contact us in 10 days, we will be forced to take legal action". That would overshadow your 30 day notice to validate, because the least sophisticated consumer could construe "legal action" to mean a lawsuit.

I don't believe that stating the debt won't go away could be mistaken for a threat.

Now, if they're claiming to be the current creditor, but they're not, that could be a different story. That might be lying about the legal status of the debt. You could possibly contact the OC to make sure the debt has not been sold.

Edited by BV80
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I received a similar letter from Credit Control LLC, I also spoke with someone from there. I get the impression the they are the type of C/A who would commit an FDCPA violation.

Who are they collecting for? For me it is Palisades.

They actually called my Dad asking for my phone number and when I asked why they said they needed to make a "judgement" on something (possible FDCPA violation).

When I spoke with a guy there I told them they never validated my DV request and that they were in violation of the FDCPA, the guy grew irritated and eventually hung up on me. They called me a few times after that and I did not answer. I have not heard from them in a few weeks.

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I received a similar letter from Credit Control LLC, I also spoke with someone from there. I get the impression the they are the type of C/A who would commit an FDCPA violation.

Who are they collecting for? For me it is Palisades.

They actually called my Dad asking for my phone number and when I asked why they said they needed to make a "judgement" on something (possible FDCPA violation).

When I spoke with a guy there I told them they never validated my DV request and that they were in violation of the FDCPA, the guy grew irritated and eventually hung up on me. They called me a few times after that and I did not answer. I have not heard from them in a few weeks.

Was your DV sent during the 30 days after their first communication with you?

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I received a similar letter from Credit Control LLC, I also spoke with someone from there. I get the impression the they are the type of C/A who would commit an FDCPA violation.

Who are they collecting for? For me it is Palisades.

They actually called my Dad asking for my phone number and when I asked why they said they needed to make a "judgement" on something (possible FDCPA violation).

When I spoke with a guy there I told them they never validated my DV request and that they were in violation of the FDCPA, the guy grew irritated and eventually hung up on me. They called me a few times after that and I did not answer. I have not heard from them in a few weeks.

The JDB that they claim to be collecting for is

FFIF-ACM OPPORTUNITY FUND LLC.

The original creditor, that still is listing this on my credit reports is

Bailey, Banks and Biddle. (Ci_i).

But the dunning says the current creditor is this

FFIF-ACM OPPORTUNITY FUND LLC.

I searched online for info on then and came up with nothing.

I am concerned that since BB&B listed on my 2 credit reports,

pulled last week, that this account is still theirs with the alleged amount owing still being shown that this account may not have been sold.

If it was then they did it darn fast.

It concerns me that a company big enough to buy debts would not

be able to be found on the web...

Makes me wonder if this is one of those deals where if I actually

did settle with them... at some point down the road the OC

may come knocking to be paid....

I will DV and see what they respond with.

BV80 Which end of the state are you in.

Palisades bought 4 accounts of mine... They had been

going after me themselves to collect. But it has been a while.

A friend of mine had heard they were having trouble and might

be going out of business... but he could not give me

any concrete links for info...

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A little game changer by the C/A on this one today.

I have been getting a couple of messages left on the machine

from an 800 number that leaves the message

"If your are XY and Z push #1 if you are not XYandZ press #2.

Of course it does not work when checking the answering machine.

I had similar calls a couple of months ago from someone

in India for AMEX...

Anyway...

Today I got the same message left but there was a difference.

When I checked caller ID... the area code was my area code.

So I *67ed this one and sure enough it was this C/A.

I just hung up...

But they are based in MO... according to my dunning.

If they are now getting local numbers to call people

that is a real game changer.... although I suppose

they may have a local office....

I sure hope not... that is a little too close to home.

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Was your DV sent during the 30 days after their first communication with you?

Yes, as well as a follow-up request.

The guy said they already validated the debt but all I got from them was the first letter with the payment settlement options. I guess it is called a dunning letter.

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I too got a call from Credit Control. The agent said they would "make a judgment" on an account. Must be their standard script.

Yes that seems to be their MO. They throw the word judgement in there to try and scare you. It is a possible FDCPA violation.

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A little game changer by the C/A on this one today.

I have been getting a couple of messages left on the machine

from an 800 number that leaves the message

"If your are XY and Z push #1 if you are not XYandZ press #2.

Of course it does not work when checking the answering machine.

I had similar calls a couple of months ago from someone

in India for AMEX...

Anyway...

Today I got the same message left but there was a difference.

When I checked caller ID... the area code was my area code.

So I *67ed this one and sure enough it was this C/A.

I just hung up...

But they are based in MO... according to my dunning.

If they are now getting local numbers to call people

that is a real game changer.... although I suppose

they may have a local office....

I sure hope not... that is a little too close to home.

Where in PA do you live?

Is the local number a number for Credit Control LLC?

I had a debt where a CA hired Edwin A Abrahanson & Associates to collect. They eventually sued me in small claims court where I showed up and some local lawyer they hired for $200 showed up. They had nothing and the case got dismissed.

I wonder if the local number is a different collection agency/lawfirm?

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Where in PA do you live?

Is the local number a number for Credit Control LLC?

I had a debt where a CA hired Edwin A Abrahanson & Associates to collect. They eventually sued me in small claims court where I showed up and some local lawyer they hired for $200 showed up. They had nothing and the case got dismissed.

I wonder if the local number is a different collection agency/lawfirm?

Western Pa.

When the same number appeared on the caller ID and the same message was left...

" once again, if this is XYZ press 1, if this is not XYZ press2"

I called the number back, using *67, to block my number. (that only works

for real area codes, not 800 ones)

And they replied CrediT Control...

They have now called twice using that number.

So I have to assume if they have hired a local firm to represent them

then this firm has a dedicated line for them and I cannot believe they would

go to that expense for just one person.

Perhaps they are targeting this area ?

Edited by donqII
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  • 6 months later...

BIBB COUNTY GOVERNMENT State Court

STATE COURT

CIVIL DOCKET DETAILS

Case Details

Docket: 078340

Plaintiff:

FFIF-ACM OPPORTUNITY FUND LLC FUND HOLDINGS LLC

ASSIGNEE OF MBNA AMERICA BANK N A

VS Defendant:

FRANK BRYANT

FFIF-ACM OP FD LLC FD HL LLC AS PLAINTIFF MOSELEY, CLAYTON D. ATTORNEY

MBNA AMERICA BANK NA PLAINTIFF

BRYANT FRANK DEFENDANT

File Type: ESCROW Filed: 06/09/2011 Completed: 01/18/2012 Type: TRIAL BY JUDGE

Pleadings

Date Comment

06/09/2011 COMPLAINT AND SUMMONS LH

06/29/2011 NON EST - DEFENDANT NOT SERVED, AVOIDING, NO RESPONSE. HH

10/07/2011 SERVED DEFENDANT, FRANK BRYANT, PERSONALLY. (JA)

01/17/2012 PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT.

AFFIDAVIT OF JARVIS B. LAKEMAKER. (JA)

01/18/2012 DEFAULT JUDGMENT FOR PLAINTIFF IN THE PRINCIPAL SUM OF $16,954.57,

INTEREST OF $91.04 AND ALL COSTS. (CURRENT PJ 3.25%+3%=6.25%) (JA)

COSTS PAID, CASE CLOSED.

01/20/2012 FI FA NO. 29380 ISSUED/SENT TO SUPERIOR COURT.

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They are filing around the county as a business.

NOTICE OF FORMATION OF Ffif-Acm Opportunity Fund LLC.

Application for Authority filed with the Secretary of State of NY (SSNY) on 05/10/2011. Office location: Kings County. SSNY has been designated as agent upon whom process against it may be served. The Post Office address to which the SSNY shall mail a copy of any process against the LLC served upon him is C/O C T Corporation System, 111 Eighth Avenue, New York, NY 10011. Purpose of LLC: To engage in any lawful act or activity.

Illinois Division of Professional Regulation

Licensee's Name FFIF-ACM OPPORTUNITY FUND LLC

DBA /AKA

License Number 017021552

License Status ACTIVE

City, State Atlanta, GA

Original Date 11/03/2011

Current Exprtn 05/31/2012

Ever Discplned No

North Carolina Secretary of State

Corporate Filings For: Ffif- Acm Opportunity Fund LLC

Image

Date

Document Id

Event

Document

5/2/2011

C201110100452

Creation Filing

LLCF - Application for Certificate of Authority Limited

FFIF-ACM Opportunity Fund LLC - Plaintiff

Brown County, WI Case Number 2011SC004150

Address

Address Updated On

3033 Campus Dr Ste 250, c/o Messerli & Kramer PA, Plymouth, MN 55441

07-28-2011

Party Attorney(s)

Attorney Name

GAL

Entered

Link, Michael R

No

07-28-2011

Edited by Chemburleigh
added a case
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I've been getting those too. A CA For a CA, craziest thing I ever saw.

Trend in the making? Maybe so...

From what I can see, this is eerily similar to a recent post I made, about JDB's hiring CA's to do their collecting. You can read it here.

http://www.creditinfocenter.com/forums/collections/312215-jdb-hiring-service-collect-who-do-i-fight.html

Knee Deep and others interested:

What I'm seeing is JDB's being called, "Passive Debt Buyers"... meaning, that they simple buy the forclosed debts of other companies, like Credit Card Companies, for example.... *but* they are not licensed as CA's.... so they HIRE CA's that are licensed in particular states to do their bidding for them.

And therein lies the rub. I've postulated this in my thread listed above... Who do you DV? If you DV the CA, they will likely stall you, like they did me, and then just dump your account because you're one of the 'more sophisticated investors', rather than get entangled with you.

Also, they will likely have an indemnity clause with the JDB, to make sure they're not liable for whatever the JDB claims ignorance on, and vice versa, the JDB will likely claim ignorance of your DV... Yet shouldn't a JDB know *exactly* what their CA is doing?

So it's a cat and mouse game with each side claiming ignorance. And it's frustrating as HELL when I can't seem to find a straight answer anywhere, (present company excluded). But I got a bit of a runaround from the Massachusetts agencies that deal with both JDBs and CAs when I pressed them for honest answers with this kind of case.

If any of you have experience with this kind of *at-arms-length* procedure, that appears to me to be becomming common practice, please share.

I just want a damn level playing field. I can let the JDB's and CA's hang themselves if I can just figure out how to give em' enough rope...

Good Luck as always,

-RD

Edited by RockDaddy
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Here is their address from a Colorado collection Agency listing

http://www.coloradoattorneygeneral.gov/sites/default/files/uploads/cab/CabReport.pdf

Now that you have their address, DV them and not the CA. You really need to nail the JDB to avoid the 'whack the mole' scenario JDBs like LVNV play.

FFIF-ACM OPPORTUNITY

FUND LLC

230 PEACHTREE ST STE 1700

ATLANTA, GA 30303

80 GARDEN CTR STE 3 991430 8/17/2011 A Active

BROOMFIELD, CO 80020

230 PEACHTREE ST STE 1700

ATLANTA, GA 30303

FFIF-UNITED OPPORTUNITY

FUND I LLC

230 PEACHTREE ST STE 1700

ATLANTA, GA 30303

80 GARDEN CTR STE 3 991499 12/14/2011 A Active

BROOMFIELD, CO 80020

230 PEACHTREE ST STE 1700

ATLANTA, GA 30303

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Here is their address from a Colorado collection Agency listing

http://www.coloradoattorneygeneral.gov/sites/default/files/uploads/cab/CabReport.pdf

Now that you have their address, DV them and not the CA. You really need to nail the JDB to avoid the 'whack the mole' scenario JDBs like LVNV play.

HOLY CRAP - I just had an epiphany for my own case.

I've been worried the whole time about DV'ing the JDB, because I feared that they'd tell me that they've had my case since 2009 and that I never answered their original dunning letters way back then, so I'd be out of SOL (30 day dunning response limit).

In other words, I expected them to LIE about it. Right? Yup, expected them to say, "Sorry Charlie, you never responded, hence we sent a CA after you".

Here's the excitement: The JDB in my case never sent me a Dunning letter, ever! Why? Because they are not LICENSED in my STATE to do so, so they *had* to farm it out to a separate CA! OMG. I'm an edjit. :)

I've been playing whack-a-mole with different CA's who stall me, when the answer has been in front of me all along.... just didn't see it because I a$$umed something that was not true.

I hope this helps anyone who is dealing with this type of situation.

If the JDB isn't licensed to collect in your state, DV them DIRECTLY as suggestd by the ever astute Credithis. :everybodyclap:

Wow... am feeling good about this!

Will post in my own thread about the rest, sorry to hijack, but this is relevant, or at least I hope it is here.

That thread is here: http://www.creditinfocenter.com/forums/collections/312215-jdb-hiring-service-collect-who-do-i-fight.html

-RD

Edited by RockDaddy
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HOLY CRAP - I just had an epiphany for my own case.

I've been worried the whole time about DV'ing the JDB, because I feared that they'd tell me that they've had my case since 2009 and that I never answered their original dunning letters way back then, so I'd be out of SOL (30 day dunning response limit).

In other words, I expected them to LIE about it. Right? Yup, expected them to say, "Sorry Charlie, you never responded, hence we sent a CA after you".

Here's the excitement: The JDB in my case never sent me a Dunning letter, ever! Why? Because they are not LICENSED in my STATE to do so, so they *had* to farm it out to a separate CA! OMG. I'm an edjit. :)

I've been playing whack-a-mole with different CA's who stall me, when the answer has been in front of me all along.... just didn't see it because I a$$umed something that was not true.

I hope this helps anyone who is dealing with this type of situation.

If the JDB isn't licensed to collect in your state, DV them DIRECTLY as suggestd by the ever astute Credithis. :everybodyclap:

Wow... am feeling good about this!

Will post in my own thread about the rest, sorry to hijack, but this is relevant, or at least I hope it is here.

That thread is here: http://www.creditinfocenter.com/forums/collections/312215-jdb-hiring-service-collect-who-do-i-fight.html

-RD

I had a JDB use Frederick Hannah to collect. I found the JDB's address online and DV'd them both. Neither responded and they sent it to a local attorney to collect who eventually sued. I was able to use that as a counterclaim and it looks like my counterclaim is going to get me a mutual dismissal.

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I had a JDB use Frederick Hannah to collect. I found the JDB's address online and DV'd them both. Neither responded and they sent it to a local attorney to collect who eventually sued. I was able to use that as a counterclaim and it looks like my counterclaim is going to get me a mutual dismissal.

PC1978,

That's sort of what I'm anticipating when I DV the JDB, to be hit with a lawsuit over it, which I am preparing for now.

I take it you're still in the fight? Don't forget to ask the Court for the dismissal to be *with Prejudice*, this means that the JDB cannot sell the debt onwards to another JDB after it's dismissed.

Also, if the JDB ignored your DV letter and sued, (which is legal), make sure you check your Credit Report to see if they reported to your credit report for the period of time that you were waiting for a response. If they did report negative info without Validation, you probably have them on violations, assuming you can prove you sent your DV with a CMFFF green card.

It's worth looking into, as each violation is worth $1000. :)

-RD

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NOTE: For anyone thinking that they can block their phone number on an out going call like to a JDB etc. using *67 or whatever, forget it. These companies use an ANI system (Automatic number identification) to unblock your number.

Your under false assumptions if you think other wise! I am even finding car dealerships and pizza places now use ANI. So, if you want to remain anonymous, go to a pay phone if one is still available in your area or use skype or a burn phone. Just remember, your NOT blocking your number no mater how you try.

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PC1978,

That's sort of what I'm anticipating when I DV the JDB, to be hit with a lawsuit over it, which I am preparing for now.

I take it you're still in the fight? Don't forget to ask the Court for the dismissal to be *with Prejudice*, this means that the JDB cannot sell the debt onwards to another JDB after it's dismissed.

Also, if the JDB ignored your DV letter and sued, (which is legal), make sure you check your Credit Report to see if they reported to your credit report for the period of time that you were waiting for a response. If they did report negative info without Validation, you probably have them on violations, assuming you can prove you sent your DV with a CMFFF green card.

It's worth looking into, as each violation is worth $1000. :)

-RD

I DV'd them both and neither answered, then they hired a local attorney who tried to collect before suing (further collection after failing to validate - this was my counterclaim).

They aren't on my credit report, I keep a close eye on my CR's and have credit monitoring. I have had a couple JDB's add a listing after failing to validate, the listings are no longer there and they paid me for it.

They have already sent me a settlment agreement which is mutual dismissal with prejudice and deletion of the alleged debt. I sent it back because I specifically told them I would not agree to an NDA unless they settled with me for $1000 and it must include an agreement not to file a 1099-C or list with any CR.

If I really wanted to go after them I think I could get judgment in my favor on their complaint and my counterclaim but I am fine with us both just dropping it.

They have said they would agree to my requests for the settlement agreement but I have a motion for summary judgement on their complaint ready to go in case they try any funny business.

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BV80,

Ah, my bad.

So he can bring $eparate lawsuit$ for multiple infraction$, YE$?

Each one worth a potential $1000. Sounds good to me. :)

-RD

I suppose that's possible, but not practical. Every time you file suit, you pay a filing fee. The $1000 is not a guarantee. The FDCPA is UP TO $1000. The judge may decide to award only $100. You could end up losing money. In addition, the judge could get suspicious or just plain ticked off after a couple of lawsuits against the same CA about the same account.

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I suppose that's possible, but not practical. Every time you file suit, you pay a filing fee. The $1000 is not a guarantee. The FDCPA is UP TO $1000. The judge may decide to award only $100. You could end up losing money. In addition, the judge could get suspicious or just plain ticked off after a couple of lawsuits against the same CA about the same account.

BV80,

I appreciate your posts very much, especially to specific questions in my threads.

Tell me though - what is all this I read on this forum about people getting multiple FDCPA infraction judgements of $1000+

I know that when I was sued, that I countered with many FDCPA infractions, because the CA had done many things wrong and eventually the lawyer for the Plaintif settled IF I wouldn't sue over them.

So, I'm confused by what you wrote. But taking notes all the time... lol...

-RD

p.s. I know that I've been a bit overzealous lately with posting, I guess I've caught the *bug*. Am going to post less, learn more, but still will add to a post if I think I can contribute, not just cheerlead... :)

Edited by RockDaddy
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