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Some CA advice needed - my debt keeps moving


Ballistic
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Ok this may be an epic post, but it is what it is...

I had some hard times back in 2009 and stopped paying on 4 credit cards. I eventually worked out a 0% int rate for 3 of them and I'm on a payment plan to pay them off. The 4th company, RBS/Citizens, wouldn't budge on the int rate so I let it go to collections. The first CA to contact me was Leading Edge Recovery Solutions, who called me regularly but rarely sent me anything in the mail. I sent them a rather informal DV request in Dec 2010 and never heard back from them.

In Feb 2011 I started getting calls from Credit Collection Services for the same debt. I got two letters from them in the mail, the second was in October. So I followed it up with a DV request in December, this time it was much more formal and direct (based on doing some research on the internet). CCS also called me before 8:00am on 3 difference occasions and I was planning on pursuing that depending on their response to my DV request.

Well today I get a call from Mercantile Bureau. I'm assuming it's regarding the same debt since the pattern seems to be that every time I request DV the debt moves to another CA. The message is from a live person but did not declare it was an attempt to collect a debt, only that it pertained to a "very important legal issue". I Googled the phone number and it's Mercantile Adjustment Bureau.

I checked my credit report and there is an entry for RBS/Citizens Bank that says it was charged off as of Nov 2010. Nothing from any of the CA who have contacted me up to this point.

So here's a few questions:

1. Is it pure coincidence that every time I ask for DV that the debt moves on to someone else, or could there be some legitimacy in these CA's not being able to validate the debt? I guess I'll know for sure once I get something in the mail from Mercantile and I respond with another DV request....

2. Since the person that called me today didn't disclose it was an attempt to collect a debt, I'm assuming that is in violation of FDCPA? Let's say I request the DV and they send me something valid, is it worthwhile to pursue a lawsuit for the ambiguous phone call? I didn't act on the phone call violations with the last CA, which leads me to my next question...

3. If CCS sold the debt to Mercantile, can I still sue them for the 3 FDCPA phone call violations?

4. Is a lawsuit or a potential lawsuit effective in negotiating a settlement with CAs? I know, settling with a CA is like settling with the devil but I'll use whatever I can to get them off my back. They have way more time than I do.

I'm not trying to get a free lunch, but I will do what I am legally entitled to do to protect my sanity in dealing with these bozos. I want to nip this in the bud with this new CA and hopefully get something resolved. Any insight is appreciated.

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All of that is just routine run of the mill. It's just how it works. They don't like people to fight back. DV is horribly simple and they don't have to provide jack squat that you demand.

However, they just dump it as 95% don't even fight or answer the letter. They just make their money back on somebody that will let themselves get steam rolled and not fight.

Don't be surprised if the debt does not go through a dozen collection agencies.

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I checked my credit report and there is an entry for RBS/Citizens Bank that says it was charged off as of Nov 2010. Nothing from any of the CA who have contacted me up to this point.

So here's a few questions:

1. Is it pure coincidence that every time I ask for DV that the debt moves on to someone else, or could there be some legitimacy in these CA's not being able to validate the debt? I guess I'll know for sure once I get something in the mail from Mercantile and I respond with another DV request....

2. Since the person that called me today didn't disclose it was an attempt to collect a debt, I'm assuming that is in violation of FDCPA? Let's say I request the DV and they send me something valid, is it worthwhile to pursue a lawsuit for the ambiguous phone call? I didn't act on the phone call violations with the last CA, which leads me to my next question...

3. If CCS sold the debt to Mercantile, can I still sue them for the 3 FDCPA phone call violations?

4. Is a lawsuit or a potential lawsuit effective in negotiating a settlement with CAs? I know, settling with a CA is like settling with the devil but I'll use whatever I can to get them off my back. They have way more time than I do.

I'm not trying to get a free lunch, but I will do what I am legally entitled to do to protect my sanity in dealing with these bozos. I want to nip this in the bud with this new CA and hopefully get something resolved. Any insight is appreciated.

Ballistic,

Are you just getting phone calls?

No Dunning Letter? Nothing on your credit report from the CA's?

I'm finding that what Coltfan said to you is true, if you start asking for DV, then the CA typically dumps it and it pops up from another CA months later.

I'm fighting similar, *but* I'm getting letters AND they are also showing up on my credit reports. Because I've ased for DV, and they have reported during that time, they are in violation of the FDCPA and I'm in the process now of asking them to Cease & Desist, in the process of asking the credit bureaus to remove and then, ultimately bringing them to court if need be.

I've beaten LVNV (aka - The Devil) after a local CA brought a lawsuit against me. I was able to show they had no legal chain of custody from the OC and that they were in violation of the FDCPA. Local CA (also an attorney) agreed to settle if I didn't sue THEM. So, I won the case without even going to court.

It's worth learning *how* to do it, but unless it's for a large dollar amount, I'm guessing you won't have to actually go to court. Mine was for $4500.

By the way, tell the CA's to contact you IN WRITING. Never / Ever deal with them on the phone. You tip your hand that way. If you can get them to put things in writing, I'm guessing they will eventually violate the FDCPA and each violation is worth $1000.

Just my two cents. Good luck with this.

Keep us posted!

Edited by RockDaddy
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