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@Lostboy38

 

Are you sure that this is the same account for which PRA sued?   If you're not sure, send a DV.

 

The lawyer is claiming that Synchrony (formerly GE) is the client.  Unless PRA sold it back to GE/Synchrony (which I would doubt), it's either a different account, or the lawyer has boobooed.

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This is the PRA account, the last digits of the account being claimed are the same, the lawyer has made a major booboo.  I've sent a DV to them just to find out what is going on. 

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@Lostboy38

 

Good.  If this is definitely the same account, Synchrony cannot be her client unless the bank took the debt back from PRA.   I'd make some calls to some consumer attorneys.

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She has not filed suit against me yet, she has just sent a letter stating the information above.  I think this is a scare tactic because she won a bogus judgment against my "judgment proof" spouse.  She's trying to black mail me into paying her debt.

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Well, MJE finally responded to my Validation Letter after 67 days.  She sent a "Validation Form" created by MJE, and several monthly billing statements. 

 

I looked at some of my old credit reports from earlier this year and it states on the GE trade line that the account was sold and charged off.  I haven't taken/had the time to research the old PRA suit, I hope to get that done tonight after I get home.

 

She hasn't filed anything with the courts yet, but if she does, isn't she breaking a few regulations?  And if she is claiming to represent the OC, does the FDCPA have any pull here?

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I don't have her letter in front of me atm, but I will be putting the information here tonight after I get home.

 

In all my Credit Reports, PRA (before they deleted themselves off my CR) claimed to have purchased the debt from GE and GE claims to have sold/transferred the account and did a charge-off.

 

To the best of my knowledge, this is another one of those debts that was opened by a close relative in my name. 

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Her letter states:

 

Her Addy (Letter head)

 

My Addy

 

RE:  Synchrony Bank

        Regarding account number ending in ************8917  (FYI:This number doesn't match account number on monthly billing statements)

        Our File # G#######

 

 

     This communication is from a debt collector.  This is an attempt to collect a debt.

                         Any information obtained will be used for that purpose.

 

Dear Mr. Me

 

      I am in receipt of your recent correspondence wherein a request for validation of the above-reference debt was made.  Pleas be advised that Synchrony Bank is the issuer of a Sam's Club credit account.

 

      Attached to this correspondence please find a Debt Validation Form and copies of the monthly billing statements for the subject credit account.

 

      Please call me at 248-306-2000, extension 106 to discuss this matter further.

 

Respectfully yours,

 

MJE

LMRM

Atty at Law

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DEBT VALIDATION FORM

 

Account No:                                                  ************8917    (Again, wrong number)

 

Identity of Original Creditor:                         Synchrony Bank

 

Name of Debtor:                                           Me

 

Address of Debtor:                                       My House

 

Balance of Account:                                     $3k+

 

   (All of the above is in a table with each bit of information in it's own box)

 

Debt was         Original Creditor    ____X____

 

                        Assigned               _________

 

                        Purchased             _________

 

This is it, this is all that is on the Debt Validation Form

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There are also included Monthly Billing Statements from 10/2010 til 2/2011.

 

No charges or payments on these billing statements but lots of interest and fees added in.

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No, her first letter says: "CLIENT: Synchrony Bank"

                                      "ORIGINAL CREDITOR: Sam's Club MC"

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@Lostboy38

 

The reason the account numbers may not match is because some banks change account numbers when an account is charged off.  Also, there's a possibility that the number was changed when GE changed their name to Synchrony.

 

Right now, I think you have 2 options.  1) You could contact Synchrony to see if they still own the account.

 

2) If you're sure that this is the same account for which PRA sued you, I'd contact a consumer attorney.   He would need to see all of the letters plus the documentation from PRA's lawsuit to see that PRA claimed to have purchased it.

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I have PRA's Summons & Complaint, Statement of Account, Affidavit, Bill of Sale all claiming that PRA bought, maintains and owns this account.  And I have the courts order to dismiss without prejudice.

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I have tried to contact a local Consumer Attorney and they are all too busy to look at this case, they all say it is a good FDCPA case but no one has time to pursue it.  Would it be wise for me to use one of the southern lawyers, (by southern, I mean someone south of I-69)?

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I have tried to contact a local Consumer Attorney and they are all too busy to look at this case, they all say it is a good FDCPA case but no one has time to pursue it.  Would it be wise for me to use one of the southern lawyers, (by southern, I mean someone south of I-69)?

it does not matter where they are located, as long as they are licensed in MI. They will drive, if needed to go to Federal Court. Give my friend BPP a call, he will help you. I think I provided his contact information to you before.

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I got a couple quick question:

 

1. When a debt buyer purchases a debt, are they required to send notice to the debtor about the new ownership of the debt?

 

2. If an OC sells a debt to a JDB and then "repurchased" the debt back from the JDB, is the OC an OC again or are they a JDB subject to the FDCPA?

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I got a couple quick question:

 

1. When a debt buyer purchases a debt, are they required to send notice to the debtor about the new ownership of the debt?

 

2. If an OC sells a debt to a JDB and then "repurchased" the debt back from the JDB, is the OC an OC again or are they a JDB subject to the FDCPA?

 

1.  In some states:  yes.  In MI:  no.

 

2.  They are always the OC.

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