Confused about next DV step. New. Help!

[thezoebender]

Hi.

I have had two different collection agencies, many months apart, each send me a letter on behalf of a company that bought the debt from the original creditor (Chase).

I sent each of the CA's a timely DV letter and I have had no response at all. I sent them via CMRRR and have the letters and proof they signed for them

I am afraid that if I send the company that owns the debt now, a DV letter, that they might sue me and I cannot afford it. They are reporting this on my credit report and I had trouble getting a car because of it.

The statue of limitations is not even close to being over and I dont know what to do. Do I have any options?

Edited March 11, 2012 by thezoebender

[bad98roadster]

How much are the alleged balances for each of the accounts?

Use general numbers.

[thezoebender]

The single account is for just under $5k.

I am worried that the Debt Buyer will sue me if I stir the pot. But they are still reporting on my credit report, even though I have asked their collection agencies, twice now for Validation and have gotten none.

[Coltfan1972]

I am worried that the Debt Buyer will sue me if I stir the pot.

If you hang around here long you will see where I and others will state about 95% of as you call them "debt buyers" tactics are just fear and intimidation.

95% might even be a little low.

This is what they do, it's just that simple. They run over your rights because they know, for the most, you will do nothing but complain.

It's just school yard bully tactics. You punch them in the face one time (sue) and you get known as a fighter (on webrecon). You then move to the 5% they stay away from.

That is still no guarantee others will leave you alone. I sued a "debt buyer" about three years ago. Of course I won (CIC members don't lose). Not even a peep in the past three years from anybody. Then all the sudden an unlicensed agency sent me a letter.

My response to their letter? A federal lawsuit of course. I'll blacken their eyes every time they want to keep trying. The only way to deal with these "debt buyers" is an over the top all out onslaught when they violate your rights.

They hit you with a spit ball, you respond by declaring all out war. You treat them just like they had walked into your house uninvited and slapped your momma right across the face and then spit on her.

[BV80]

This is what I'm wondering:

Since the first CA didn't validate, and the JDB hired a 2nd CA, is the JDB (who is technically a debt collector) in violation for continued collection efforts by hiring a 2nd CA when the 1st CA didn't validate?

[RockDaddy]

This is what I'm wondering:

Since the first CA didn't validate, and the JDB hired a 2nd CA, is the JDB (who is technically a debt collector) in violation for continued collection efforts by hiring a 2nd CA when the 1st CA didn't validate?

BV80,

This is the 'vicarious liability' factor you mentioned to me in another thread I think. The JDB can't claim they *didn't know* right?

Also - isn't the act of reporting it to the CB's also considered continued collection activity?

So what does one do then? Sue the JDB in fed court over FDCPA violations?

Edited March 12, 2012 by RockDaddy

[BV80]

BV80,

This is the 'vicarious liability' factor you mentioned to me in another thread I think. The JDB can't claim they *didn't know* right?

Also - isn't the act of reporting it to the CB's also considered continued collection activity?

So what does one do then? Sue the JDB in fed court over FDCPA violations?

Yes, they can claim they didn't know. I think the best thing to do is check some case law. If I'm not mistaken, FDCPA cases must be filed in federal court, so you'd check case law in your state's federal courts and circuit court of appeals.

I believe there's an FTC opinion letter that states reporting on a CR is continued collection activity, but that opinion isn't binding precedent. Again, one would need case law.