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Case dismissed 30 days ago, now TWO JDB's calling about that same debt!


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The lowdown:

Went to court against JDB (PRA) one month ago and they dismissed the case before I could say a word. Now today I get a phone call from PRA trying to get me to agree to pay that same debt. I explained that I already went to court, had the case dismissed, and that my stance hadn't changed: I don't recognize this debt and refuse to pay unless I am provided with evidence/validation of the account. The woman started ghetto screaming at me...telling me that she knows that I can pay because she looks at all of my payments on my credit report, etc. She FINALLY gives me the mailing address so that I can send a C&D (and a DV??) and we hang up.

5 minutes later, I answer a call from an unavailable number. Its MIDLAND! Trying to collect on what appears to be the same debt! Again, I refuse to pay until I recieve evidence/validation, and after about 5 minutes of trying to get me to admit things, he gives me the mailing address so that I can send my C&D (and DV?). He also claimed that they mailed something on Jan 8, but I haven't gotten anything from them...

What do you make of this? It seems strange to me that two companies are calling about a 10 year old HSBC acct that alledgedly had payments made recently (one said May 2009, one said May 2010). This just seems bizarre! What's my next step? Thanks!!

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If it was a simple dismissal then they can still try to collect or even sue again. If it was dismissed with prejudice then they are dead in the water legally.

In the later case if they attempt to collect I would send them a FOAD letter along with the C&D.

In the former case either try the DV if you like or go straight to the C&D. If you send both at once you will seem confused to them.

First order of business is to determine if it was dismissed with or without prejudice.

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The woman started ghetto screaming at me...telling me that she knows that I can pay because she looks at all of my payments on my credit report.

You should have said one of two things.

1. What does my ability to pay have anything to do with this. I should pay something I don't owe, simply because I can afford to pay it?

or

2. So, let me get this straight. You guys sue me, I call your bluff and don't flitch or immediately settle, I show up to court ready for trial against the lawsuit you filed against me, you guys tuck tail and run when you see I'm getting ready to destroy you at trial, and now you want me to pay you, after all of that? xLoserx

What planet are you living on? Explain to me exactly what leverge you have after you have already shown you are scared to actually put this case in the hands of a judge? Do you realize I showed up ready to fight and it was you that backed down, NOT me?

Please explain your logic, I'm sitting down and dying to hear this !! Hit it sweetheart, the floor's all yours. xpopcornx

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Coltfan...you crack me up. I seriously love your attitude!!! :twisted:

Unfortunately, the case was dismissed without predjudice. If they go after me again, well, I will just go to court and get the case dismissed again. I doubt they got new "evidence" over the past few weeks. That's PRA though. Midland may try and sue me. But now I know how to beat them, so not too tressed. Just irritated that they are both wasting my time over the same, tired old debt.

I sent both of them DV and C&D. We'll see what happens.

PS - I DID end up laughing at, and hanging up on the "ghetto screamer" after she finally gave me the mailing address. Felt so good! I love that I am not afraid of these tools anymore. 8-)

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What do you make of this? It seems strange to me that two companies are calling about a 10 year old HSBC acct that alledgedly had payments made recently (one said May 2009, one said May 2010). This just seems bizarre! What's my next step? Thanks!!

Have Midland or HSBC somehow re-aged this account. It seems the SOL has tolled. Have you applied for any new credit cards lately that triggered this event.

HP

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What do you make of this? It seems strange to me that two companies are calling about a 10 year old HSBC acct that alledgedly had payments made recently (one said May 2009, one said May 2010). This just seems bizarre! What's my next step? Thanks!!

Several years ago a CA jumped straight to court on me (no other prior contact) for an account in which I never did business with the OC (stated in the complaint as Citi). I replied with general denial and demanded proof I owed the debt and that they had standing (not as formal discovery). They quickly MTD'd (without service) and the judge dismissed. That itself was SOL time frame ago. I didn't do any C&D. Guess what, they just recently sent me an 80% off settlement offer. Then another one for 70% (oooh, trying to scare me that I better take this one or future offers will not be so good).

Looks like CAs or DBs are dredging up old muck from the bottom of the pond to try to collect on. Have they run out of funds to buy new debt? More likely because banks are not taking on new risky CC accounts these days, the flow of defaults to DBs is drying up. Either way, it seems they are getting desperate.

Given how poorly CAs and DBs keep records, I suspect it is very likely that one or more of them is dredging up RECORDS of accounts they've sold, without realizing they sold them. Or any of a number of other errors it could. These guys make tons of errors (imperfect workflow to keep costs way way low), so anything goes.

If two or more of them sue, file an interpleader motion to make them face off each other, stating that while you believe you owe nothing, or if there is an unknown debt, you don't know who it is owed to ... you want to resolve who is the one and only real owner before serving admissions, interrogatories, and discovery. You may even want to file a counterclaim on the spot just to keep the noose tied around their necks so they can't MTD their way out of it (though there may be a conflict between that and an interpleader).

Be sure they have been sent a dispute letter and you have proof. Then see what's on CR.

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