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When Was Account SOLD to JDB?


LisaDiane
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I was wondering if there was a way to find out WHEN an OC sold a charged-off account....?

 

Looking over my credit report, some of the dates reported by the OC and the JDB seem to overlap, so I'd like to know if the JDB is lying about when they purchased the debt.  Could I call the OC to find out?  Should I???

 

 

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Ok!  What I see in the OC entry is "Date Updated 06/25/2012", and the JDB entry says "Placed for Collection 05/31/2012", AND "Date Updated 12/06/2013"....!!!!

 

I thought it was suspicious that this JDB has owned this account for a year and a half before sending me a Notice of Intent to File Legal Action, not to mention, few (if ANY) debt collection letters......could I be so lucky as to have caught them LYING???

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@LisaDiane

 

The fact that they updated 12/2013 doesn't mean that they didn't own the account before then.   They could have been updating each month before that, as well.

 

Since the OC stopped updating after 6/25/2012 shows that the account was sold around the time of that last update or soon after.

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Right, but the JDB line says that it was open a month BEFORE the OC last updated it.....I think they picked that date because it's one month after the Charge-off date, NOT because they really bought it then. 

 

That's why I was hoping there was a way to get an actual SOLD date from the OC, so I could prove when it was really sold.  I'm sure the JDB is going to have a bill of sale with their 5/2012 date on it, which I believe is fake.

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They usually know what accounts they are getting.  Their forward flow has an agreement that they will purchase so many accounts how ever often to fulfill a certain number of accounts.  They don't buy them one lot at a time, usually they agree to several different lots within a year or so time peroid.  So they may have recieved your info the month before they actually signed the bill of sale for that lot of accounts.

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Oh, alright.  CRAP -- ANOTHER dead-end.

 

But that brings me to my original question - HOW do I find out when the OC first sold the debt, and to whom?  IS there a way?

 

 

I'm starting to think I SHOULD counter-sue when the 30 days are up, just to get something as leverage over them.....

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You might be attacking this from the wrong angle.  You don't want to know WHEN your debt was sold...you want the JDB to prove they bought YOUR debt.  Usually, JDBs just get lists of names and account numbers.  At least at first, they never get supporting documentation...contacts, statements, etc.  If you stand up to them in court, they have to spend extra money to go back to the OC for those documents...sometimes, depending on the amount involved and how successful they've been at scamming others on the list, they may just drop the case and move on.

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@LisaDiane

 

Like Willing said, credit reports are seldom admissible.

 

Does the OC show a balance of -0-?   If so, then the date of that last update is around the date the account was sold. 

 

They have to report a -0- balance when they no longer own an account.   So the date of that last update would indicate that the account was already sold when they updated.

 

Since the JDB claims to have opened or received the account the month before the OC's last update, then the OC's last update to report a -0- balance would make sense.

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@BV80

 

That all sounds right, when you put it like that, BUT.....I don't believe they really did buy it in 5/2012.  I think they are only reporting it like that so they don't have to provide the "unbroken chain of ownership" by law when they do sue me.  They can present some vague, random BoS, that might not even have anything to do with MY account, and tell the court they've fulfilled their obligation according to the law.  That scares me and seems like it will be hard to defend against.

 

So I thought if I could find out from the OC who they sold my account to in May or June 2012, then I would have proof to use against them.

 

I sent them a DV letter last week (CMRRR), so we'll see what they send back, if anything.

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Well...if you can't use your CRs as proof to sue them...they can't use them as proof to sue you.

 

If they do sue, during discovery you ask for documentation from the OC proving that YOUR account was sold to this JDB along with any evidence pertinent to the SOL in your state.  Again, I don't think the date of sale is important.

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I wish I could reassure you that the law is on your side, but the truth is...it will be up to the court to decide if their "proof" is adequate.

 

What is on your side is that the whole JDB business model is built around "default judgements"...in other words, people who just ignore the subpoena, or roll over and cough up money to avoid court in the first place. 

 

And, unless the judge is completely pro JDB (there are some that are), he's not going to accept made up documents if you have the knowledge and fortitude to object.  If you are willing to stand up to these people, ASK for what you need in discovery.

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@BV80

 

I didn't get a bill of sale yet.  What is worrying me is the "evidence" that PRA is producing for another poster on here from NC, who is being sued by PRA.  They are giving her/the court tons of paper as proof of ownership, but it's not really specific enough for the NC statute to be satisfied.  But to me, it all looks confusing, which I'm sure is the point!

 

I am assuming, based on the info in my CR, that PRA is going to claim to be the only purchaser of this debt from the OC (thereby making their "unbroken chain of ownership" burden a cinch to prove).  But I don't believe that is true, and I want to find out for sure and have proof of it, in case they DO do that.  I believe they purchased this debt in early December 2013 from another JDB.

 

I guess, though, like Willing said, this isn't the angle I should be focusing on.  Especially since WHEN they bought it and WHO they bought it from is only a single part of the entire defense that I'll have to make.

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@LisaDiane

 

Unless they sue, you probably won't know if they purchased the account from another JDB.  If they did purchase it from someone else, they'd have to provide the bills of sale from the OC and their predecessor JDB.

 

That being said, it's not unusual for a JDB to hold on to an account for a year or 2 (or longer) before filing suit. 

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@BV80

 

I have another question about this......the OC who charged this debt off and sold it I believe is WRONG.  Either it's the wrong account all together, or they reported the wrong information on my CR.  I DID have an account with the OC around the time this was delinquent (summer 2011), and my account was delinquent too, BUT -- the balance wasn't nearly this high, and they closed the account at my request and I paid the account off in a few installments BEFORE December 2011.

 

So I am thinking I need to write to or call the OC about this, because something isn't accurate.  Also, the OC never notified me of this negative info they were going to report in 2012, which is a violation I think.

 

Anyway, what would happen if I contact the OC with my concerns and they realize it was an error?  Will that make the JDB debt invalid?  Or will I have to prove it to them as well?? 

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