TNjohn

Strange DV reply

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Hi All!

 

Just fishing to see if anyone has had this happen and what to do or how to proceed. I understand that every case is different.

 

Long story short, I was recently sued (found on another thread on this site) by Portfolio in Tennessee. During that time, I received a dunning letter from FBCS (for Merrick Bank). Being busy with trial prep, I decided to DV them so the 30 days wouldn't pass.

 

Now, on the 13th, I received the validation response from who claim to be Merrick. The only info included was a final "charge off" statement and a joke of a "Electronic Application Form" . The letter was not signed even though it said 'Sincerely,". It also stated if I had any questions about this, I could call at 1-877-***-****.

 

Here is the funny part. The number does NOT EXIST on any database. It is not listed anywhere on the Merrick website. My wife blocked our number and called three different times and unfortunately couldn't understand the people that answered but was 100% sure "Merrick" was not said.

 

Anyone ever get validated with so little info by/from an OC? I read on here all the time about years worth of statements being sent by the OC. All they had was the same one a JDB will eventually have in court. Even the Electronic App was weird. Sure it showed my name, address, DOB (random info), but it showed I was approved for $2300 card with only $250/month income.

 

Could this be a trick by FBCS trying to scare me into settling by showing the OC? Even the letter was weird....Merrick letterhead, but the logo was black and white.

 

Strange or common???

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I've got BIG news for you! Blocking your number does not work on these JDB's/CA's because they all use ANI equipment. That means they have automatic number identification equipment to un-block your calls. SO, forget that unless you want them to get your number. Use a burn phone just for JDB's so that they can call it and you can call them!!!

 

Almost every business is getting into the ANI. My local car dealer has it, many places I call I find have it. So, your' number is no more a secret to most. Second, you mentioned a number. They may have changed or added their own in house number to your account, no big deal.

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@TNjohn

 

The number provided could have been a Portfolio number.  Merrick would not send you a number to call because they no longer own the account and no longer have anything to do with it.  The number you reached could have been an overseas call center for Portfolio.

 

You're in the 6th Circuit, and that court just ruled that a DV response must provide enough information for the debtor do be able to dispute portions of the debt.  However, the ruling was based upon debt validation for a condominium debt.  That type of debt is much easier to document in regard to charges and fees.  Credit card debts are not as easy.  We don't know that a court would require a credit card debt to be itemized the same way in response to validation.

 

However, because of the 6th Circuit's ruling, we need to figure out how to respond to DV responses (in the 6th Circuit) that may not comply with that ruling.

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Thanks @TomnTex and @BV80

Well, I guess they have my home number but no one knows it was my account unless that number was assigned to my account.

This case is different one than Portfolio. It us FBCS. But still, I agree. I don't know why if this response was TRULY from Merrick, why would they include a number for me to call? That is why I feel it wasn't from Merrick, but from FBCS trying to appear to be the OC. Still early, but my opinion based on everything I've learned.

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@TNjohn

 

I misunderstood your post.  The letter was from FBCS, not Portfolio.  That being said, their response doesn't mean that they were trying to appear to be Merrick.  They could have gotten the credit card statement from Merrick (which is what they should do), but the phone number could be a call center for FBCS. 

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@BV80

Not trying to reach or beat a dead horse but the phone number was given by "Merrick ". The envelope from "Merrick " contained an explanation letter, a single statement (which based on personal experience and from reading is very unusual for an OC to give only one and to choose one that is the closing statement showing no payments or purchases) and the equally weird "Electronic Application Form". Again, the letter said (basically) :

Please find attached validation information requested. We hope you find this information useful and makes this resolved. If you should have any questions, please call 1-877-***-****.

Sincerely,

(No signature or name)

PS. To protect identity, some information was erased.

So are you saying that Merrick provided a phone number of the CA to me in their DV response?

Again, just curious about these inconsistencies and deviation from nearly every DV I've read about.

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@TNjohn

 

Yes, they could give the number to the CA because the CA is collecting for them.  They may prefer that the CA handle the collection.  Notice that in the letter, they did not say, "If you should have any questions, please call us at 1-877-****."  But, of course, I don't know for sure why they gave another number.

 

If you want to make sure that the CA is legitimate, you could contact Merrick to make sure the CA is collecting for them.  Or you could have a consumer attorney look at the letter.

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Post the letter here blacking out all personal information including account numbers and dollar amounts. Its really hard for others here to give you accurate advice without seeing the actual letter. 

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