Jump to content

Get one off your back, another one appears


allegro
 Share

Recommended Posts

2 months ago I started receiving violating calls from a JDB. I contacted a consumer attorney, who put a stop to the calls and the JDB has gone away. Today I received a letter from Northland Group stating that I owe them money (approx 7k, same amount as the last JDB). The letter says the account owner is Pilot Receivables Management, Llc and it is regarding Prism Co-Brand New. I have NO idea what either one of those are. I have never had an account with any "Pilot" company and I have no idea what Prism Co-Brand New is. I am assuming when last JDB couldn't get anything out of me, they went ahead and sold it to these people. Letter goes on to state that I can contact them to settle for less than owed or dispute the debt.

Now that I am a little more educated on these things, I want to do it right with this. Seems to me that I could sent a DV letter, but from what I am reading that really is only a scare or stall tactic and once they send something back, that is kind of the end of the line. I know I can also ignore, which might make them go away or be forced to sue. I am really torn on the best avenue to take. I am not saying that I don't owe a debt to someone, but I do not want to pay someone that does not own the debt and from what I can tell sometimes settling does not make the debt go away, just makes that particular JDB go away.

Any thoughts or suggestions. I would LOVE to make my credit right, without feeding any bottom dwellers.

Link to comment
Share on other sites

A DV is not the end of the line. Just because they properly validated the debt under the FDCPA does not mean they can win in court. In fact, validation in and of itself in most cases is not enough to win in court. If they validate and you still think they have nothing, you could send a C&D letter and see what happens.

Link to comment
Share on other sites

Always send a DV, it protects your right and does not expire.

I sent a DV letter to a JDB. It was over 2.5 yearslater they out of the blue sent me another demand.

I turned that one page letter from 2.5 years prior into an eight month pre-trial discovery and motions nightmare for them. DV sent timely and not responded to, generally speaking, makes any future collection attempt an FDCPA violation.

Link to comment
Share on other sites

It is pretty amazing how they "find" you after 10 years once you start updating your credit reports and mail starts going back and forth between the CRA's any yourself. I saw no Hard pulls from a couple of the collection agencies that have started trying to collect SOL debts from me since I have started this repair journey, but by god they have my new address. Damn CRA's are selling that info to the CA's. There should be some law against that.

Link to comment
Share on other sites

Always send a DV, it protects your right and does not expire.

I sent a DV letter to a JDB. It was over 2.5 yearslater they out of the blue sent me another demand.

I turned that one page letter from 2.5 years prior into an eight month pre-trial discovery and motions nightmare for them. DV sent timely and not responded to, generally speaking, makes any future collection attempt an FDCPA violation.

Colt,

What do you do if the JDB uses a CA to collect for them and the CA doesn't respond to a timely DV letter, then a year later, the JDB switches to CA#2, who responds by saying they'd be in touch with their 'client' (the JDB) but never actually responds again afterwards. 2 months later and I've got no DV from CA#2, nor any way of actually knowing if the JDB knows about the DV.

Massachusetts law states that when a JDB hires a CA, they are in bed together and the JDB should know what the CA is doing on their behalf. Yet the DV letter goes unanswered AND the JDB has been reporting on my CR since March 2009...

I would surely like to turn this timely DV request which was not responded to, into a nightmare for the JDB.

Edited by RockDaddy
Link to comment
Share on other sites

That is your answer right there and you have something that in now actionable. The JDB should have known about your DV letter and stopped collection activity until the DV was answered, including getting another CA involved or reporting to the CRA.

You simply cite that law when you sue the JDB for violation of the FDCPA (if that is what you wish to do).

Link to comment
Share on other sites

That is your answer right there and you have something that in now actionable. The JDB should have known about your DV letter and stopped collection activity until the DV was answered, including getting another CA involved or reporting to the CRA.

You simply cite that law when you sue the JDB for violation of the FDCPA (if that is what you wish to do).

WC1000,

I misspoke above, in MA it's not a law, it's an 'opinion'.

Opinion 06-060 to be exact. ;)

It basically says that if the JDB hires a CA, they *should* know what they are doing. At least that's what the Attorney General in MA told me.

So - do I DV the JDB? Go directly to suit over FDCPA? Wait for the JDB to suit me and then countrersue? AG said I could file a complaint with them as well.

I'd really appreciate some comments on actual direction to take.

-RD

Edited by RockDaddy
Link to comment
Share on other sites

  • 2 weeks later...
DV sent, lets see what happens next....

Allegro,

Who did you DV? Northland or Pilot Receivables? Or both?

And since your first post is on Feb 29th, I'm wondering if you are within your 30 day window. I mean, obviously if you got the letter on the 29th, the day you posted you are, but most people get the letter, let it sit for a week and then poke around trying to find out what to do... so I figure that the 30 days may have expired. Hopefully not.

Also - did you send it CMRRR? That's key to proving you did DV them.

Link to comment
Share on other sites

I've always advocated DV'ing the "alleged owner" (JDB) of the account to avoid playing whack the mole. In this case I'd ignore the CA and DV Pilot. If you don't Pilot will simply assign it to another CA. If you DV Pilot they can't ignore it and you still preserve your rights.

Link to comment
Share on other sites

Per recommendations I DVed Northgroup. I still have time to DV Pilot, if that is what is recommended. 30 days not up yet. I let it sit while I did some research. I did do certified, sig required, with a green card back.

This forum has taught me well! :D

Link to comment
Share on other sites

  • 1 month later...

Technically, they can take their sweet time to validate...

However, what I like to do is give them a limited time, then send a letter and let them know that they failed to validate and to cease collection efforts...the dumb ones send another letter demanding payment - boom - a violation.

Link to comment
Share on other sites

  • 3 months later...

Okay, this is the annoyance that just won't go away. Seems this account was sold to a new company and I received a letter from an attorney stating they obtained all rights to the account and are attempting to collection, blah, blah, blah. Same typical you have 30 days letter. I am going to send the same DV letter, but this one was different in which they said "We will either provide you with documentation or judgement". I am reading that to say they will be taking me to court if I don't pay? Any idea?

Link to comment
Share on other sites

Okay, this is the annoyance that just won't go away. Seems this account was sold to a new company and I received a letter from an attorney stating they obtained all rights to the account and are attempting to collection, blah, blah, blah. Same typical you have 30 days letter. I am going to send the same DV letter, but this one was different in which they said "We will either provide you with documentation or judgement". I am reading that to say they will be taking me to court if I don't pay? Any idea?

No. That's language that's included in the FDCPA.

"If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section 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 a 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."

It simply means that if they're collecting on judgment that had been rendered against you, they'd get a copy of the judgment. It doesn't mean that they're going to sue or that you already have a judgment against you.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.