mommyof2rs

Help with Validation and a Judgement

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I am in the first stages of credit repair. I have sent out validation letters to all of the collection agencies on my credit reports.

So far I have 2 deletes :-)

 

The original creditor in this case is Chase Bank for a charged off credit card.

 

I got a response from P.I.F. Inc. The letter is more of a nasty gram. In the letter it states "Regarding your demand for verification, there is no basis in law to substantiate your right to original signed contracts, copies of state licenses, our agreement with the original creditor, etc. In fact, court cases and the Federal Trade Commission have found there is no duty tto comply with such excessive verification demands."  The letter goes on to say, "However, in an effort to provide verification, we have listed below a summary of the charges on your account and any applicable fees orinterest accured to date. Also enclosed are documents provided by our client confirming the charges."

 

The document provided was a copy of a Default Judgement that was obtained by HJ Ventures, LLC. (A different collections agency).

 

What I am trying to figure out is if P.I.F. has a legal right to collect this debt?

 

I want a document with my signature that shows this debt is mine. Can I force them to provide me something? I have found several errors on my credit where the debt was not mine, but rather someone's with a similar name and/or social security number.

 

Also, is it legal for a debt to be transferred/sold/bought after a judgement is obtained?

 

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Yep. If they have a judgement, they can sell that judgement. In a verification, all they have to provide you is original creditor and amount. Nothing more. And if they did not send you a letter with the 30 day requirement verbiage, they don't even have to do that.

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I think this is a double of your other post. The simple answer is, PIF does not have a right to collect on this debt due to your filing BK in Dec 2011. The question becomes, did they purchase this debt and list it on your credit report prior to you filing for BK. If they did, then everything this did was legal. Otherwise, this needs to be dealt with in BK court.

As for the other tradelines, the question is when did they occur. If after the BK filing, you need to deal with them individually and prove they are yours. If before the BK filing, you need to send a letter to each one telling them that either they have the wrong person and have to remove the tradelines or they need to change the tradelines to say iib and have a $0 balance and they cannot collect. Once they realize that they will never get any money from you, they will attempt to find the real debtor.

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