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I just received a letter here in MI again.  This time it's from a Lawyer in Novi. 

 

Along with every new letter comes dozens of new questions.  I was thinking I had a handle on this JDBing thing but there I go thinking again.  (When will I ever learn?)

 

The letter states that SYNCHRONY BANK owns the debt now.  Here's my confusion, GE Capital owned it (OC), someone else owned it from TX, PRA owned it, btw:PRA took me to court and lost, now I get a letter saying that Synchrony Bank owns it.  :hmmmmm: Well, needless to say, I'm confused.

 

The letter was sent by a Lawyer, this is not a summon & complaint from the courts, just a letter telling me I owe them money.  And just a letter too.

OC is noted - Amount is noted - New owner is noted.  All the pertinent information has been included.

 

I've written a letter back requesting validation, proof of license to do business in MI and Proper Chain of Title. 

 

I'm hoping the strongly worded response letter shows them that I'm a fighter when it comes to JDBs.  Maybe I can scare them off.

 

If anyone has any other recommendations for me, let me know, I will be sending the letter out Monday the 21st. 

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Yes the judge dismissed it but without prejudice unfortunately.

 

Do I have to specifically have to say I'm not paying it or can I just state that it's not my debt?  I send everything CRRR. (Even letters to my mom. lol)

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If you say you refuse to pay, it functions as a cease and desist under the FDCPA.

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That is known as the "kitchen sink" letter - and is probably the worst letter to send.

 

 

 

 

All you need to write is the following:

 

"I dispute the alleged debt and demand validation."

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Specifically, please provide me the following:

 

1. An explanation of what the amount owed is for and how it was incurred;

2. An explanation of how this amount was calculated; with entire list of purchases, interest, and    any other fees in the calculation of this amount.

3. Copies of any documents that show I agreed to pay this amount;

4. A verification or copy of any judgment if applicable;

5. An identification of the original creditor;

6. Proper Chain of Title; including Bill of Sale & copy of data file with my name included within it.

7. Proof that the Statute of Limitations has not expired on the account;

8. Proof that you and your client are licensed to collect in my state; and

9. Your license numbers and Registered Agent documentation.

 

Okay you cut and pasted that letter from this website and it is RIDDLED with errors.  The ONLY information that they are required to provide as part of debt validation with you as the consumer is the amount they allege you owe and the name and address of the original creditor.  That is IT unless they already have a judgment then they have to include a copy of that.  Numbers 1, 2, 3, 6, 7, 8, and 9 they are free to ignore and they are not in violation of the FCDPA.  In fact 6-9 is only required if the do sue you and the court requires it as proof or you demand it in discovery.

 

Pursuant to 15 USC § 1692g, you have 30 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all claims in this matter, and will entitle me to presume that you sent your letter in error, and that the matter is permanently closed.

 

WRONG.  They do not have 30 days to respond to you.  They can take as long as they want but until they do validate they must cease collection activity.  There is absolutely NOTHING in the FCDPA that requires they respond "on point or hand signed, and in a timely manner" to your DV.  It also does not waive their rights by not doing so or permanently close the matter.

 

As you know, failure to respond to this request within 30 days from the date of your receipt requires you to delete all references to this account from my credit file and a copy of such deletion must be sent to me immediately.

 

There is nothing in the FCDPA that requires they delete a negative trade line if they do not respond to you either.  If the trade line was there prior to contacting you it can remain even if they do not respond to your contact with them.  The courts are divided on whether reporting to the CRAs is collection activity and until someone pursues it to SCOTUS and they issue a definitive ruling you have about a 50/50 chance on prevailing.

 

Moreover, pursuant to 15 U.S.C. § 1692c, I formally request that you and your representatives do not contact me by telephone. Cease and Desist, 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 instruct an attorney to proceed with legal action. This letter is an attempt to correct your records and any information obtained shall be used for that purpose.

 

This is the second problem with your letter.  You DO NOT send a cease and desist in the same letter as debt validation.  It is one or the other.  The instant you put the words "cease and desist" in your letter legally they cannot contact you other than one last time to tell you what if any action they are going to take.

 

Should I remove/add anything?

 

Yes, the entire body of the letter.  The ONLY thing that letter is going to get is a whole lot of laughter and a round of applause as they proceed to pass it around and marvel at your ability to cut and paste from the internet.  

 

You are making this WAY more complicated than it needs to be.  If you really want to do DV then all you need to do is send a very simple letter stating you received their initial communication dated xx-xx-2014 and you dispute this debt.  Pursuant to the FCDPA you are requesting debt validation.  

 

You cannot send a partial cease and desist by stating all calls are inconvenient as the FCDPA does not have a partial cease and desist.  If you state the all calls bit they can treat it as a full cease and desist or ignore it.  

 

What about this debt are you not saying?  If this REALLY is ID theft why are you not simply sending the copies of the police report, FACTA report and other documentation showing it is ID theft to send them on their way?  

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I actually got the letter from a program called Turbo Score, lol.  You put in the pertinent information and it processes a letter for you,  Guess I better start over.

 

"I dispute the alleged debt and demand validation."  is simple and to the point.  Sometimes simple is better.

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I actually got the letter from a program called Turbo Score, lol.  You put in the pertinent information and it processes a letter for you,  

 

That letter is ALL over the internet and is now a source of great amusement to debt collectors.  It is a clear cut sign to them that the sender has NO clue what they are doing.  Simple is MUCH better.

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I have a feeling this debt is personal with the lawyer that sent the letter.  She won a default judgment against my spouse 3 years ago.  My spouse is judgment proof, has no job, no income of any kind, no prospect for work and owns nothing of value, this lawyer has been trying to take money from my Checking & Savings accounts, put a lean on my home and has tried for the last two yeas to take our state tax money. 

 

I recently wrote the lawyer a letter making a settlement offer.  She responded with this notice of debt.  I'm kind of taking it personal myself too.

 

Thanks for the guidance.  I will change my response accordingly.  (Which, by the looks of it will be very simple to do.)

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Then this must be Mary Jane Elliott you are dealing with.  You DEFINITELY do not want to send that letter to her.  That would be the equivalent of pouring gasoline on a fire and would send her minions straight to the court house to file suit against you.

 

She is relentless and is NOT going to give up until she gets her money.  I highly suggest you get a consumer attorney involved as she is tenacious and not worth the stress.  If you can find violations you can send her packing.

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I'll be only sending the dispute alleged debt and request validation from her.

 

She is going to have a lot of trouble proving standing as the debt has been sold several times.  I see can be a pain by the way she is treating my spouses judgment.

 

I'll be fighting all the way, and I've learned not to let the stress control me, anger on the other hand, I'm having problems controlling.

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@Lostboy38

 

GE Capital is now known as Synchrony Bank.   I doubt that they bought the debt back from PRA.   The letter should state the current creditor (owner) of the account. 

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The letter states that it is Synchrony Bank.  How can she send notification of Debt Due if they don't own the debt any more.  I have my PRA suit yet so that should be helpful in fending her off, right?

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Ok, I've written the "I dispute the alleged debt and request validation." and will send it out tomorrow morning.  Now, what about the "Cease and Desist" letter, when should I send that out?  I know that I can't/shouldn't do it at the same time but how much time should I give them?  A couple days, a week or longer?

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The letter states that it is Synchrony Bank.  How can she send notification of Debt Due if they don't own the debt any more.  I have my PRA suit yet so that should be helpful in fending her off, right?

 

My DV letter to her would clearly state that currently she is the "fourth/fifth" (what ever number) entity to claim ownership of the debt and demand payment.  At the present time a well known junk debt buyer is pursuing this alleged account in court via a lawsuit therefore what exactly is she claiming is owed?

 

Lets see her respond to that.

 

Ok, I've written the "I dispute the alleged debt and request validation." and will send it out tomorrow morning.  Now, what about the "Cease and Desist" letter, when should I send that out?  I know that I can't/shouldn't do it at the same time but how much time should I give them?  A couple days, a week or longer?

 

I would give it 30 days minimum or until you receive the next communication from them.  Which ever comes first.

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I was extremely embarrassed by the proposed letter that I was sending out and the very much tongue lashing it got me from Clydesmom, (thank you, I really needed that), but after reading what she posted and the multitude of mistakes I made, the worst one being that I relied on a store bought software program to assist me instead of asking here, I'm looking at it as an extremely educational lesson.  Please, Clydesmom, correct me anytime that I propose to do something that stupid again.  Thank you.

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Here is the updated letter:

 

 

I dispute the alleged debt and request validation.

 

You are the 4th or 5th entity to claim ownership of the alleged debt and demand payment. At the present time a well-known junk debt buyer is pursuing this alleged account in court via a lawsuit, therefore, what exactly are you claiming is owed?

 

This is not my debt, I have never had an account or an agreement with Synchrony Bank and I have never had a Sam’s Club MC.

 

I look forward to your prompt reply.

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Thank you, thank you, thank you, I will add that to the letter immediately, you must be some sort of savant or something.

 

Nope, just a pissed off consumer.  Happy to help.  The CFPB needs to go after Mary Jane Elliot's law firm next along with Hunt and Henriques, Johnson Mark, and a dozen others.

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I'm not sure if she is the 4th or 5th person that has contacted me about this debt.  I have received several other letters from other DCs stating they were contracted to collect the debt, so there could be 3 or 4 more.  I'm only counting the ones that I have received threatening letters and actions from, like taking me to court, calling me all the time, contacting my employer, etc. etc.

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Here is the updated letter:

 

 

I dispute the alleged debt and request validation.

 

You are the 4th or 5th entity to claim ownership of the alleged debt and demand payment. At the present time a well-known junk debt buyer is pursuing this alleged account in court via a lawsuit, therefore, what exactly are you claiming is owed?

 

This is not my debt, I have never had an account or an agreement with Synchrony Bank and I have never had a Sam’s Club MC.

 

I look forward to your prompt reply.

 

You can send it if you like, but the only thing they will respond to is "I dispute the debt and request validation."  If you do not want them to contact you any further write a letter that simply says;

 

This is not my debt, and I refuse to pay it.

 

Tired Consumer

 

The refusal to pay is a Cease and Desist per the FDCPA.  That will stop the calls and mail from this entity.  If they believe it is valid, they may sue you in court, but most likely they will just pass they debt to someone else.

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@Lostboy38

 

What exactly is stated in the letter.  If Eliot claims that the debt is owned by Synchrony, there MIGHT be an FDCPA violaton.

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The letter states:

 

Her Name and Addy                                                                                  Notice of Amount Due

                                                                                                         Client: Synchrony Bank

                                                                                                         Original Creditor: Sam's Club MC  (Sam's Club has no MC to the best of my knowledge)

                                                                                                         Account No.:   *********************

                                                                                                         Our File No.   ##########

                                                                                                         Total Amount Due: $#,###.##

 

Date: MM/DD/YYYY

 

              Addressee:

                     Me

 

This communication is from a debt collector, this is an attempt to collect a debt, any information obtained will be used for that purpose.

 

(In a Boxed area)

Please be advised of the following right provided by federal law:  Unless consumer within 30 days.......

 

so on and so forth. the rest is standard lingo, where to pay how to pay when to pay etc.

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