Letter from MRS Associates in Michigan

[upsman40]

I am planning on sending a DV letter, but no where on here does it state I have 30 days to dispute the debt??  Anyone have any info on this company?

 

 

 

 

Send Payment/Correspondence to:

MRS Associates of New Jersey                   

1930 Olney Ave. Cherry Hill NJ 08003 800-949-3208

 

RE: CHASE BANK USA N.A. CREDITOR ACCT#: xxxx52530 MRS  ACCT#:xxxxxxx

BALANCE : $xxxx.xx .

 

 

 

 

Dear upsman40,

Offtee Hours :

 

¥9

Monday- Thursday 9am - 9pm        ET Friday         9am - 8pm                ET

 

ACCOUNT

December 10,2012

 

 

We recognize that a possible hardship or pitfall may have prevented you from satisfying your obligation. We are presenting three options that will enable you to avoid further collection activity being taken against you. We are not obligated to renew this offer.

 

Option 1:A settlement ot 65% off of your current balance, so you pay only $xxxx.xx in ONE PAYMENT that must be received in this office on or before

Dec 222012.

 

Option 2:A settlement ot 60% off of your current balance, so you make TWO PAYMENTS of $x,xxx.00 each. The first payment must be received in this office on or before Dec 22 2012 and the second payment on or before Jan 18 2013.

 

Option 3: A monthly payment plan on the full balance of the account.

 

Payment may be made by calling the number at the bottom of this letter or mailed to the above address. Any payments or credits in excess of the agreed settlement amount will be applied against the account's outstanding balance. If you have any questions or wish to discuss alternate arrangements ;you MUST contact our office as soon as possible at 800-949-3208 (toll free). When you call please let our representative know/ that you have received the CHASE BANK USA N.A. Option Letter.

If we do not hear from you, we will assume that you do not intend to resolve your obligation and we will proceed with further collection activity.

 

Sincerely,

MRS Associates of New Jersey

800-949-3208

MRS Associates of New Jersey is a trade name of MRS BPO, L.L.C.

Chase Bank USA,NA is required by the IRS to provide information about certain amounts that are discharged as a result ot a cancellation ot a debt on a form 1099C. If Chase Bank USA, NA is required to notify the IRS,you will receive a copy of the form 1099C that is filed with the IRS.

NOTICE OF PAYMENT FEE CHARGE

Should you elect to make a payment by Western Union,or a credit card, a separate fee will be charged by the payment service provider or processor.

These fees are not paid to, nor charged by, MRS BPO,L.L.C.

 

This is an attempt to collect a debt and any information obtained will be used for that purpose.

This communication Is from a debt collection agency.

 

 

[Anon Amos]

I am planning on sending a DV letter, but no where on here does it state I have 30 days to dispute the debt??  Anyone have any info on this company?

 

It doesn't.. They broke the law, they should have included it.  I believe that is an FDCPA violation, and possibly a counterclaim you can use against them if they sue you. It may be worth looking into.

 

 

 

 

Send Payment/Correspondence to:

MRS Associates of New Jersey                   

1930 Olney Ave. Cherry Hill NJ 08003 800-949-3208

 

RE: CHASE BANK USA N.A. CREDITOR ACCT#: xxxx52530 MRS  ACCT#:xxxxxxx

BALANCE : $xxxx.xx .

 

 

 

 

Dear upsman40,

Offtee Hours :

 

¥9

Monday- Thursday 9am - 9pm        ET Friday         9am - 8pm                ET

 

ACCOUNT

December 10,2012

 

 

We recognize that a possible hardship or pitfall may have prevented you from satisfying your obligation. We are presenting three options that will enable you to avoid further collection activity being taken against you. We are not obligated to renew this offer.

 

Option 1:A settlement ot 65% off of your current balance, so you pay only $xxxx.xx in ONE PAYMENT that must be received in this office on or before

Dec 222012.

 

Option 2:A settlement ot 60% off of your current balance, so you make TWO PAYMENTS of $x,xxx.00 each. The first payment must be received in this office on or before Dec 22 2012 and the second payment on or before Jan 18 2013.

 

Option 3: A monthly payment plan on the full balance of the account.

 

Payment may be made by calling the number at the bottom of this letter or mailed to the above address. Any payments or credits in excess of the agreed settlement amount will be applied against the account's outstanding balance. If you have any questions or wish to discuss alternate arrangements ;you MUST contact our office as soon as possible at 800-949-3208 (toll free). When you call please let our representative know/ that you have received the CHASE BANK USA N.A. Option Letter.

If we do not hear from you, we will assume that you do not intend to resolve your obligation and we will proceed with further collection activity.

 

Sincerely,

MRS Associates of New Jersey

800-949-3208

MRS Associates of New Jersey is a trade name of MRS BPO, L.L.C.

Chase Bank USA,NA is required by the IRS to provide information about certain amounts that are discharged as a result ot a cancellation ot a debt on a form 1099C. If Chase Bank USA, NA is required to notify the IRS,you will receive a copy of the form 1099C that is filed with the IRS.

NOTICE OF PAYMENT FEE CHARGE

Should you elect to make a payment by Western Union,or a credit card, a separate fee will be charged by the payment service provider or processor.

These fees are not paid to, nor charged by, MRS BPO,L.L.C.

 

This is an attempt to collect a debt and any information obtained will be used for that purpose.

This communication Is from a debt collection agency.

[upsman40]

It doesn't.. They broke the law, they should have included it.  I believe that is an FDCPA violation, and possibly a counterclaim you can use against them if they sue you. It may be worth looking into.

Also doesn't this statement infer exactly what they are not supposed to do either, by using an intimidation factor?  "We are presenting three options that will enable you to avoid further collection activity being taken against you. We are not obligated to renew this offer." 

 

I believe this is case law that refers to what I am speaking

 

 Brown v. Card Service Center , __ F.3d __, 2006 WL 2788476 (Sept. 29, 2006). 

[admin]

I'm not sure I'm seeing a violation.  They didn't threaten legal action and the term "further collection activity" seems rather vague.    The case you cited specifically had the collections firm threaten a suit if no action was taken in 5 days.  

[Anon Amos]

Also doesn't this statement infer exactly what they are not supposed to do either, by using an intimidation factor?  "We are presenting three options that will enable you to avoid further collection activity being taken against you. We are not obligated to renew this offer." 

 

I believe this is case law that refers to what I am speaking

 

 Brown v. Card Service Center , __ F.3d __, 2006 WL 2788476 (Sept. 29, 2006). 

Probably nothing here, but the fact that the 30 days to dispute was not included is good, before it's all over with you will find plenty of other violations anyway, save all the writings and envelopes.I guess you would just send the DV letter for now, it may let them know that you plan to fight.

[upsman40]

How does this look for a DV Letter?

 

 

 

Re: Acct # XXXX239243

 

To Whom It May Concern:

 

This letter is being sent to you in response to a notice sent to me on December 10, 2012). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

 

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

 

Please provide me with the following:

 

 

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

 

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

 

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

 

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

 

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

 

I would also like to request, in writing, that no telephone contact be made by your offices to my home, friends, family neighbors, or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

 

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

 

Best Regards,

[Savoir]

Way too long ..... with a lot of demands that are not based in law or civil procedure.

Mostly just copy and paste from the internet ......... this telegraphs to the Plaintiff that you don't know what you're doing.

Keep it short, simple and stick to the law or rules.

 

All that is really needed are the first two paragraphs.

You could throw in the C&D demand if you really want to ........

[upsman40]

Way too long ..... with a lot of demands that are not based in law or civil procedure.

Mostly just copy and paste from the internet ......... this telegraphs to the Plaintiff that you don't know what you're doing.

Keep it short, simple and stick to the law or rules.

 

All that is really needed are the first two paragraphs.

You could throw in the C&D demand if you really want to ........

Thanks Savior, I'll fix it up and off she goes

[1stStep]

My DV letter is short and sweet:

 

 

Dear CA:

 

I dispute the alleged debt claimed due. I demand validation.

 

 

Sincerely,

 

Me

[BV80]

Was this the first letter you ever received from MRS regarding this debt?

[upsman40]

Was this the first letter you ever received from MRS regarding this debt?

I have not received anything else, that is what has me perplexed, it seems as though this is a follow up to a different letter, I can't believe they would miss something as simple as the dispute clause on the first letter.

[Anon Amos]

I have not received anything else, that is what has me perplexed, it seems as though this is a follow up to a different letter, I can't believe they would miss something as simple as the dispute clause on the first letter.

 

Believe it. These lawyers are the factory workers of the legal industry. They will mess up a lot more before its over too, save everything they send you and capitalize on their mistakes.

[BTO429]

FDCPA

§ 809.  Validation of debts   [15 USC 1692g]

 

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

 

Here are your three viloations in that letter for no stating the 30 days, they violated all three.

[upsman40]

Thanks BTO DV is off tomorrow, how should I approach the violations?  couldnt they just come back and say well we sent him the initial letter 2 months ago and he did not respond...

[Anon Amos]

Thanks BTO DV is off tomorrow, how should I approach the violations?  couldnt they just come back and say well we sent him the initial letter 2 months ago and he did not respond...

They can "say" anything they want; it is what you object to, and what they can prove that matters.

[upsman40]

They can "say" anything they want; it is what you object to, and what they can prove that matters.

So should I adress those violations in the DV letter, or do that separaley  and file suit against them for not including it?

[Savoir]

Deal with it later ...... debt validation letters aren't the place for that.

 

The threshold of proof for debt validation is very low.

Basically, all they have to send you is the name of the OC and the amount they say you owe.

That's all that is required to validate a debt according to the FDCPA and that's all they'll send you  ............ if that much.

A DV letter buys you more time to research your case and maybe for them to violate further.

 

If / when they file suit you'll use those violations as a counterclaim or a separate suit against them.

[upsman40]

Send Payment/Correspondence to:

MRS Associates of New Jersey

1930 Olney Ave. Cherry Hill NJ 08003 800-949-3208

 

 

RE: CHASE BANK USA N.A. CREDITOR ACCT#: xxxx52530 MRS ACCT#:xxxxxxx

BALANCE : $xxxx.xx .

 

 

 

 

Dear upsman40,

Offtee Hours :

 

¥9

Monday- Thursday 9am - 9pm ET Friday 9am - 8pm ET

 

ACCOUNT

December 10,2012

 

 

We recognize that a possible hardship or pitfall may have prevented you from satisfying your obligation. We are presenting three options that will enable you to avoid further collection activity being taken against you. We are not obligated to renew this offer.

 

Option 1:A settlement ot 65% off of your current balance, so you pay only $xxxx.xx in ONE PAYMENT that must be received in this office on or before

Dec 222012.

 

Option 2:A settlement ot 60% off of your current balance, so you make TWO PAYMENTS of $x,xxx.00 each. The first payment must be received in this office on or before Dec 22 2012 and the second payment on or before Jan 18 2013.

 

Option 3: A monthly payment plan on the full balance of the account.

 

Payment may be made by calling the number at the bottom of this letter or mailed to the above address. Any payments or credits in excess of the agreed settlement amount will be applied against the account's outstanding balance. If you have any questions or wish to discuss alternate arrangements ;you MUST contact our office as soon as possible at 800-949-3208 (toll free). When you call please let our representative know/ that you have received the CHASE BANK USA N.A. Option Letter.

If we do not hear from you, we will assume that you do not intend to resolve your obligation and we will proceed with further collection activity.

 

Sincerely,

MRS Associates of New Jersey

800-949-3208

MRS Associates of New Jersey is a trade name of MRS BPO, L.L.C.

Chase Bank USA,NA is required by the IRS to provide information about certain amounts that are discharged as a result ot a cancellation ot a debt on a form 1099C. If Chase Bank USA, NA is required to notify the IRS,you will receive a copy of the form 1099C that is filed with the IRS.

NOTICE OF PAYMENT FEE CHARGE

Should you elect to make a payment by Western Union,or a credit card, a separate fee will be charged by the payment service provider or processor.

These fees are not paid to, nor charged by, MRS BPO,L.L.C.

 

This is an attempt to collect a debt and any information obtained will be used for that purpose.

This communication Is from a debt collection agency.

Was this the first letter you ever received from MRS regarding this debt?

If a DV letter is only going to get me the OC, account # etc... it is already on this  notice they sent me, should i still do the DV?

[Spikey]

Yes, in case they don't respond, which is a violation. It also slows them down if they're planning to sue you. 

[BV80]

They can "say" anything they want; it is what you object to, and what they can prove that matters.

 

Courts have ruled that if a CA can show they have certain procedures in place (such as sending initial communications with the 30 day notice), the CA doesn't have to prove they sent the letter.

[Savoir]

Yes, in case they don't respond, which is a violation. It also slows them down if they're planning to sue you. 

 

It is only a violation if they don't respond and still continue their collection efforts.

 

 

Courts have ruled that if a CA can show they have certain procedures in place (such as sending initial communications with the 30 day notice), the CA doesn't have to prove they sent the letter.

 

i would then be prompted to question the "certain procedures" that the CA "says" that they have in place.

According to what the OP posted (assuming the truth of the matter), their "procedures" obviously didn't work in his situation.

[BV80]

 

 

 

 

i would then be prompted to question the "certain procedures" that the CA "says" that they have in place.

According to what the OP posted (assuming the truth of the matter), their "procedures" obviously didn't work in his situation.

 

I agree.  You definitely question the procedures.  My point was that in a he said/she said situation, courts don't always require that the CA prove they sent a particular letter.

[Savoir]

I agree.  You definitely question the procedures.  My point was that in a he said/she said situation, courts don't always require that the CA prove they sent a particular letter.

 

I wasn't trying to question your point at all   ... merely bringing up a strategy or work around to the he said/she said situation.

[upsman40]

DV has been sent, after some further investigating, this was bought from a JDB by the name of Northwest I believe I am still trying to find out the exact name, however i do know that MRS is not the first assignee of the debt, getting ready for the ride again and haven't finished the first one.