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How do I dispute the validity of a debt validation?

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well guys, i called tmobile, they verified who they sold the account to, JDB #1, I called JDB#1 and confirmed they sold it to JDB#2... so I think I feel more reassured of making that settlement tomorrow in person and be done with it!

i went to my bank they cut me a cashiers check:

pay 1050.00 to the order of EVIL JDB

SETTLEMENT IN FULL FOR A. CONSUMER VICTIM

JDB ACT # 0000

TMOBILE ACT# 010101

thanks coltfan1972 el al for the brainstorming, another victim case solved!

You've by far done more research than most that pay a junk debt buyer. You getting verbal information about the chain of custody is better than nothing for sure.

However, I would also get an actual release. The check is good and once again better than most will do, but I'd get a written release. The main part you will want to put into the release and where others have fallen victim, is the JDB selling off the portion the JDB forgives.

I'd also try to work in somewhere that no 1099 will be issued for the balance that is forgiven. That way you won't owe taxes on the forgiven amount.

I hate to see a second buyer in the chain JDB getting paid, but if your happy then it's a good outcome. It's said a lot that a good settlement of the case is different for everybody. I'd just cover my rear just a tad more than putting settlement in full on the check.

Once again, you've done more than most but don't want to see it bite you a year down the road.

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I'm a little confused because the post I'm reading say the exact opposite of the ebooks I am reading provided by this same website, namely good credit is sexy. I got 2 collection account deleted immediately just sending the form letter from the book. 2 other collection agencies responded with a printout simply restating the debt that my credit report stated. Those agencies were NTL Recovery Agency and Calvary Portfolio Services. I was getting ready to mail them again because the 30 day clock is ticking but are you telling me that it will be a waste of my time and certified letter??? Trying to buy a house and I need this garbage deleted immediately. what else do you suggest?

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I'm a little confused because the post I'm reading say the exact opposite of the ebooks I am reading provided by this same website, namely good credit is sexy. I got 2 collection account deleted immediately just sending the form letter from the book. 2 other collection agencies responded with a printout simply restating the debt that my credit report stated. Those agencies were NTL Recovery Agency and Calvary Portfolio Services. I was getting ready to mail them again because the 30 day clock is ticking but are you telling me that it will be a waste of my time and certified letter??? Trying to buy a house and I need this garbage deleted immediately. what else do you suggest?

This thread has zero to do with credit reporting, in fact, the original poster even said the junk debt buyer is not even reporting on his report.

This thread is about the original poster settling a case where he has been sued and what strategy he should use to get the best settlement. The original poster is not trying to get this off his reports, they are not on there to start with.

I'd suggest you start a new thread and ask about your specific issue and questions. This thread is not about credit reporting and has basically come to an end as the original poster has worked out an agreement they are happy with.

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You've by far done more research than most that pay a junk debt buyer. You getting verbal information about the chain of custody is better than nothing for sure.

However, I would also get an actual release. The check is good and once again better than most will do, but I'd get a written release. The main part you will want to put into the release and where others have fallen victim, is the JDB selling off the portion the JDB forgives.

Coltfan - what do you mean by an actual release? I was told they would hand me a signed settlement letter saying this debt would be paid in full... is that what you are referring to? if so, should I make them explicitly write that they will not attempt to sell or seek tax relief for the unpaid portion of the debt? what exact words would you use? do you suggest adding some more wording on the check also?

I'd also try to work in somewhere that no 1099 will be issued for the balance that is forgiven. That way you won't owe taxes on the forgiven amount.

I hate to see a second buyer in the chain JDB getting paid, but if your happy then it's a good outcome. It's said a lot that a good settlement of the case is different for everybody. I'd just cover my rear just a tad more than putting settlement in full on the check.

Once again, you've done more than most but don't want to see it bite you a year down the road.

thanks

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I used to put on checks I wrote for settlement- Full and final settlement for all claims and demands. Settlement in full.

You'll be fine. If they are going to scam you, it really does not matter what the release or check says. Not saying they are scamming you, just if they are going to commit fraud, it really does not matter what they sign.

Just get your letter and I'd put as much on the check about the settlement as room allowed.

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wow, coltfan1972 you are awake also, great!

well, i put some of your thoughts together including about stating that this debt is paid in full and final settlement along with some of my own, I am planning on hand writing that line on the check and also fax a letter this morning demanding that on the settlement letter that they are preparing, which I will be picking up in person, it should include the following...( I'm hoping I'm not pushing it and have them change their mind):

JDB, LLC agrees that this

settlement document written by a representative of JDB, LLC , and the acceptance of the settlement amount handed by Victim for the

amount $1050.00 payable to JDB, LLC shall serve as written release of this alleged debt in its entirety, and consider this alleged debt as paid in full and

as final settlement for all claims and demands, and further acknowledges and further agrees that:

1. The alleged debtor, Victim, is agreeing to this settlement while still not accepting nor recognizing this debt due to JDB, LLC having not provided documents that would irrefutably show in the form of a signature or made a specific reference that Mr. Victim ever incurred in this alleged debt.

2. JDB, LLC will stop and cease to desist of pursuing any further claims by any means, including third parties, original creditor, or in any court of law and

will provide alleged debtor with copies of any court dismissal documents regarding the law suit claim (if filed) for which he was already served and summoned to appear in Victim's County Court on February 7th, 2012.

3. JDB, LLC agrees to remove on their own or at a future request of Mr. Victim of any public, court, or credit bureau records in reference to this alleged debt and also agrees to not enter any further public records, credit bureau or court records other than those to dismiss or cancel the law suit claim for which he was served and summoned to appear in Victim's County Court on

February 7th, 2012.

4. JDB, LLC , further agrees, confirms and reassures alleged debtor, that the law suit claim for which he was already served and summoned to appear in

Victim's County Court on February 7th, 2012 was never filed according to verbal statements made over the phone by Evil Rep (ext. 000 ) representative of JDB, LLC .

5. JDB, LLC further accepts that by agreeing to the terms of this settlement and the settlement amount of $1050.00, acknowledges, confirms and agrees that:

a. This settlement agreement and settlement amount not only both serve as written release and evidence of the extinguishment of this alleged debt, but it is the extinguishment itself.

b. JDB, LLC agrees to consider this alleged debt fully settled and extinguished and will consider the settled, unpaid balance portion of this alleged debt

($1652.35 as of the date of this settlement), to be extinguished and not attempt to consider it a gift, debt forgiveness or debt cancellation which could warrant a future tax liability and further agrees not to issue an IRS form 1099

C for the difference between the settlement figure and the alleged debt total balance because of the nature of the terms of this settlement agreement itself and also due to the fact that a full, itemized accounting of the alleged interest, charges and other fees were never validated or documented and presented to the alleged debtor, which therefore the debtor does not

recognize as valid.

c. Liberty Acquistions Servicing, LLC also agrees that by considering this alleged debt extiguished in its entirety, will not attempt to sell or transfer any portion of this extiguished alleged debt to another collection agency, the

original creditor, or another entity or individual in any land.

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Here is a sample response letter to collection agency's letter of debt "verification".

Ref. # 1245668

Subject: Debt Validation

To Whom It May Concern:

In response to your letter dated 01/00/12, I have determined that your attempt to "verify" this debt is unconvincing and unsatisfactory.

The documentation and the computer screen print-outs your organization submitted are vague, ambiguous and are lacking competent evidence and credibility.

No hard copies of a contractual agreement or loan application bearing my signature were provided.

You also failed to provide me with a copy of your ”Do Not Call Policy” as was requested and is required by the Federal Telephone Solicitation Act.

Regards,

Your name

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This my take:

I would NOT talk to them over the phone, period. Offer them nothing.

Fico scores are a scam by design to keep you enslaved and by the short hair.

Communicate in writing only.

Read and understand everything posted on this CreditInfoCenter site.

Use their sampler letters and edit to your personal case, keep it short and punchy.

Remember: you always have a choice, always!

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Here is a sample response letter to collection agency's letter of debt "verification".

Ref. # 1245668

Subject: Debt Validation

To Whom It May Concern:

In response to your letter dated 01/00/12, I have determined that your attempt to "verify" this debt is unconvincing and unsatisfactory.

The documentation and the computer screen print-outs your organization submitted are vague, ambiguous and are lacking competent evidence and credibility.

No hard copies of a contractual agreement or loan application bearing my signature were provided.

You also failed to provide me with a copy of your ”Do Not Call Policy” as was requested and is required by the Federal Telephone Solicitation Act.

Regards,

Your name

We're trying to help the original poster, not walk him into a motion for summary judgement.

If I wanted him to listen or take advice from somebody that had no clue what they were talking about, I'd give him my ex-wife's phone number.

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wow, coltfan1972 you are awake also, great!

well, i put some of your thoughts together including about stating that this debt is paid in full and final settlement along with some of my own, I am planning on hand writing that line on the check and also fax a letter this morning demanding that on the settlement letter that they are preparing, which I will be picking up in person, it should include the following...( I'm hoping I'm not pushing it and have them change their mind):

JDB, LLC agrees that this

settlement document written by a representative of JDB, LLC , and the acceptance of the settlement amount handed by Victim for the

amount $1050.00 payable to JDB, LLC shall serve as written release of this alleged debt in its entirety, and consider this alleged debt as paid in full and

as final settlement for all claims and demands, and further acknowledges and further agrees that:

1. The alleged debtor, Victim, is agreeing to this settlement while still not accepting nor recognizing this debt due to JDB, LLC having not provided documents that would irrefutably show in the form of a signature or made a specific reference that Mr. Victim ever incurred in this alleged debt.

2. JDB, LLC will stop and cease to desist of pursuing any further claims by any means, including third parties, original creditor, or in any court of law and

will provide alleged debtor with copies of any court dismissal documents regarding the law suit claim (if filed) for which he was already served and summoned to appear in Victim's County Court on February 7th, 2012.

3. JDB, LLC agrees to remove on their own or at a future request of Mr. Victim of any public, court, or credit bureau records in reference to this alleged debt and also agrees to not enter any further public records, credit bureau or court records other than those to dismiss or cancel the law suit claim for which he was served and summoned to appear in Victim's County Court on

February 7th, 2012.

4. JDB, LLC , further agrees, confirms and reassures alleged debtor, that the law suit claim for which he was already served and summoned to appear in

Victim's County Court on February 7th, 2012 was never filed according to verbal statements made over the phone by Evil Rep (ext. 000 ) representative of JDB, LLC .

5. JDB, LLC further accepts that by agreeing to the terms of this settlement and the settlement amount of $1050.00, acknowledges, confirms and agrees that:

a. This settlement agreement and settlement amount not only both serve as written release and evidence of the extinguishment of this alleged debt, but it is the extinguishment itself.

b. JDB, LLC agrees to consider this alleged debt fully settled and extinguished and will consider the settled, unpaid balance portion of this alleged debt

($1652.35 as of the date of this settlement), to be extinguished and not attempt to consider it a gift, debt forgiveness or debt cancellation which could warrant a future tax liability and further agrees not to issue an IRS form 1099

C for the difference between the settlement figure and the alleged debt total balance because of the nature of the terms of this settlement agreement itself and also due to the fact that a full, itemized accounting of the alleged interest, charges and other fees were never validated or documented and presented to the alleged debtor, which therefore the debtor does not

recognize as valid.

c. Liberty Acquistions Servicing, LLC also agrees that by considering this alleged debt extiguished in its entirety, will not attempt to sell or transfer any portion of this extiguished alleged debt to another collection agency, the

original creditor, or another entity or individual in any land.

Scrap this. There is no way in a million years they will sign this. Parts of it are good (the 1099 portion being disputed), but you asking them to sign for some things they can't do and others there is no way they will acknowlege.

I will say one thing, you've made damn good arguments on why you should not be paying them and fighting them in court. The one thing this realease should make them say is, wow, so why is this guy paying us? :D

Just go with the release of all claims, they can't and won't sign what you have proposed. You'll be fine, most likely, with the standard check release.

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We're trying to help the original poster, not walk him into a motion for summary judgement.

If I wanted him to listen or take advice from somebody that had no clue what they were talking about, I'd give him my ex-wife's phone number.

Oh my goodness! :ROFLMAO2:

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well guys, it was a long day and I'm 1k short but hey, life goes on... went to meet up with the JDB, it's funny, he said to watch out for all the sharks out there, lol. the only thing that saved him was that I had already verified the ownership of my debt with the original creditor and original JDB.

anyways, he took my cashiers check, made a copy then handed me the copy and then proceeded to write some stuff on the check, thus I interrupted him and said ' hey can you redo the copy so that I get an identical copy of what you wrote on the check?" he says 'well i can just write the same stuff on your copy' no - i replied - ' i want an identical copy!- then he got somewhat pi$$ed and said 'alright, alright'... anyways, this is what he wrote on the release letter:

JDB, LLC

1/20/12

VICTIM A. SMITH

RE: JDB LLC v Victim

Original Creditor: T-Mobile

Act # xxxxx

Dear Victim:

This letter is to confirm your payment to JDB, LLC, in the amount of $1050 to satisfy the outstanding account with the above named plaintiff.

JDB LLC, will cease all collection activity, and you have no further financial obligation to the above named creditor for this account . Feel free to show this letter to any creditors inquiring about the account .

if you have any further questions please contact our office,

sincerely,

JDB LLC

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Make sure you contact the plaintiff's lawfirm with this information. Don't assume that anyone will do it for you. Don't turn your back on this until you have a dismissal with prejudice in hand.

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very true, nascar. they keep their lawyer in house but yes, it wouldnt hurt.

they collector showed me on his computer screen that a case # had not even been generated in court; he says they negotiate time slots with the court and that's why they can serve summons with time/date but without case #'s, because they will only file once they serve you and don't get a response, I guess....

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