Dynamic Recovery Solutions

[wtpmarsh]

12/27/2012, I received a collection letter from Dynamic Recovery Solutions out of Greenville, SC for a debt of $14K listing an OC I had never heard of.  Never.  Dynamic was graciously willing to accept a mere $2,120 to make everything go away . . . which led me to believe that either the whole debt was bogus, or it was well out of statute.  At any rate, on 01/14/2013 I sent a DV letter and received my signed green return receipt on 01/22/2013.  I checked all three bureaus and found no collection activity listed. Never heard another word from Dynamic Recovery Solutions . . . until . . .

 

04/19/2015 I receive another collection notice from Dynamic Recovery Solutions.  As with the last one, this one indicates the debt is $14K but they'll resolve it for just $1,413 if paid before May 28th.  They list the same original creditor whom I do not recognize but this notice also gives me the last five digits of the supposed original account number.  I went through all my old credit reports dating back a decade and those five digits don't match up with anything.

 

I dutifully sent off another DV letter on 05/01/2015 and just got my green return receipt which was signed by the same guy who signed the last one over two years ago.  I guess I'm not really expecting any other response on this . . . but I'm curious if this second collection letter would fall under the category of continued collection attempts without validation?  Still nothing showing on my credit reports.

 

Thanks for any advice.

[CCRP626]

Sounds like they're in violation if they only provided the last digits of an alleged account in a years later followup letter-

What does a debt collector need to provide as debt validation?

One of the following items is necessary for debt validation.

• Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.
• A copy of a statement from the original creditor. If you really want to get sticky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor. (How the heck did Bob calculate this debt? What fees/interest Bob has tacked on to this debt and how he determined these fees?) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
• Copy of the original signed loan agreement or credit card application. (Your contract with Joe establishing the debt between you.) However, account statements from the original can fulfill these requirements.
• A copy of a canceled check from you to the original creditor.

http://www.creditinfocenter.com/rebuild/debt-validation.shtml

 

 

The FDCPA doesn't seem as demanding as the article linked above though.

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

[wtpmarsh]

Thanks so much for your quick reply. 

[BV80]

@wtpmarsh

 

The problem with a 1692g(b) violation is that it can be a he said/she said.   They might try to claim they sent validation.   Contact a consumer attorney in your area to get an opinion. 

 

Check your credit report to see if the OC is reporting.  If it is, you might be able to figure out if the debt is within the SOL.  If it's not reporting, and you're sure that the debt is time-barred, send a cease and desist letter.

[wtpmarsh]

Thanks, BV80.  I thoroughly combed through all of my credit reports and I see nothing from the named OC . . . again, I don't recognize this name.  I also have no creditor listed on my CR with anything similar to what Dynamic Recovery Solutions has listed.  Thanks to the hours and hours of pouring over the information presented in these forums and the fabulous advice given by members here, my credit is excellent with a score of 801 and I have no outstanding debt. 

[CCRP626]

@wtpmarsh interesting that the same guy does the response both times (have you googled his name in connection with the company to see if anything shows?). Reading this I'm not sure they even know what debt validation is-

http://www.ripoffreport.com/r/Dynamic-Recovery-Solutions/Greenville-South-Carolina-29616/Dynamic-Recovery-Solutions-ScamRip-Off-Greenville-South-Carolina-1080402

[wtpmarsh]

Wowwwwww!  Thanks CCRP626 for the most interesting link.  I haven't tried to call the company, but the description of the letter fits my situation exactly.  My green receipt cards were both signed by a Phil Palmer.  They're both "wet" signatures as opposed to some sort of stamp.  I'm hitting up Google and not finding him . . . yet . . . I'll keep looking.  Thanks for the suggestion.

[CCRP626]

I see them also on Better Business Bureau but couldn't pull up the reviews (probably my computer).

Sounds like getting a free consult with a consumer atty knowing FDCPA is worth the time.

http://www.consumeradvocates.org/find-attorney

 

Lots of complaints on them at CFPB's database if you search-

http://www.consumerfinance.gov/complaintdatabase/

[Blue Squad]

Per the FDCPA, the debt collector is supposed to stop debt collection activities upon receipt of your debt validation letter.

 

This supposed debt collector is still debt collecting after receipt of your first debt validation letter.  This can be a FDCPA violation, and you may have a case against them.  Contact a lawyer, such as from NACA:

 

http://www.consumeradvocates.org/

 

There is also a real possibility this whole thing is a scam, since it's not appearing on your credit reports.

 

Edit:  There is no evidence the debt collector provided you debt validation, but it can lie and say it did. 

 

However, their defense becomes more untenable upon receipt of your 2nd debt validation letter, and possibly your 3rd, 4th, or 5th.  If you chose to respond with another DV letter, including in your letter they failed to validate.

[wtpmarsh]

Thanks.  Dynamic Recovery Solutions' form letter indicates the "current owner" of the debt is "International Collection Services".  After spending some quality time on Google, I find a listing for International Collection Services, LLC at an address in Greenville, SC with a zip code of 29615.  Interestingly, Dynamic Recovery Solutions is in Greenville, SC with a zip of 29616.  Coincidence?  I doubt it.  I'm smelling a scam, I think.  I never had any debt anywhere near $14K and I don't recognize the OC business name, either.  Something stinks.

[CCRP626]

They both show at the SC Secy of State, but different agents.

http://www.sos.sc.gov/index.asp?n=18&p=4&s=18&corporateid=518717

http://www.sos.sc.gov/index.asp?n=18&p=4&s=18&corporateid=585506

 

Probably one is a debt buyer, the other their collection arm. Notice the same guy works for both-

https://www.linkedin.com/in/collectdebt

[wtpmarsh]

Thanks, Blue Squad.  In my most recent letter to Dynamic Recovery Solutions, I did point out that I never received a validation from them, or any response whatsoever apart from the green return receipt card.

[debtzapper]

I would file complaints with the BBB in their home state, the Atty Gen in their home state, and the CFPB.

[wtpmarsh]

Okay.  I'm on it.  Complaints flying!

[debtzapper]

And...I would call this NH lawyer about a possible FDCPA claim.  There is no charge for a consultation.

 

http://www.phillipslawoffice.com/

[Clydesmom]

but I'm curious if this second collection letter would fall under the category of continued collection attempts without validation?  Still nothing showing on my credit reports.

 

It does but they wisely waited until the one year SOL on FDCPA violations ran out.  My guess is that because the first collection attempt was almost 2 years ago it is no longer a violation.  However, check with a consumer attorney to be certain.  If it is a violation you might be able to get them to pay you $1000 and the attorney his/her fees.

[Clydesmom]

One of the following items is necessary for debt validation.

• Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.
• A copy of a statement from the original creditor. If you really want to get sticky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor. (How the heck did Bob calculate this debt? What fees/interest Bob has tacked on to this debt and how he determined these fees?) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
• Copy of the original signed loan agreement or credit card application. (Your contract with Joe establishing the debt between you.) However, account statements from the original can fulfill these requirements.
• A copy of a canceled check from you to the original creditor.

http://www.creditinfocenter.com/rebuild/debt-validation.shtml

 

The information on this website is WRONG.  DO NOT quote it.  NONE of that is required for validation.  ALL they are required to provide is the amount alleged to be owed and the name of the original creditor along with the address if the consumer asks for the address.  That is IT.  

[Blue Squad]

I can't be sure, so take what I say with a grain of salt . . .

 

There's an indefinite time period between the debt validation request and when the debt collector may provide debt validation (if it chooses to do so).

 

If the debt collector does a 2nd collection attempt, wouldn't it be a violation on the date the consumer received the letter, within that time interval?  I would assume the SOL would start ticking on the particular date?

 

In the OP's case, the SOL clock starts on April 19, 2015?  Is this correct, or not?

[debtzapper]

Unfortunately, not much is required under the FDCPA for debt validation.  This is a 2014 case from the fed dist court of NH

 

 

https://scholar.google.com/scholar_case?case=1337912920963585585&q=1692g+validation&hl=en&as_sdt=4,30,105,119,152

 

From the case:

 

To sufficiently validate a debt, the debt collector need only demonstrate that the creditor has provided some evidence that the debtor owes the specific amount demanded; a credit card statement indicating the delinquent balance serves that purpose. See, e.g., Fassett v. Shermeta, Adams & Von Allmen, P.C., No. 1:12-CV-36, 2013 WL 2558279, at *6-7 (W.D.Mich. June 11, 2013); Gough v. Bernhardt & Strawser, PA, No. 1:05CV00398, 2006 WL 1875327, at *5 (M.D.N.C. June 30, 2006); Erickson v. Johnson, No. 05-427 (MJD/SRN), 2006 WL 453201, at *7 (D.Minn. Feb. 22, 2006). Schiff's June 4, 2012 letter and the enclosed statement "confirmed in writing the identity of the creditor and the amount which plaintiff owed as of the date of the letter. Nothing more is required under § 1692g." Fassett, 2013 WL 2558279, at *8 (citing Chaudhry v. Gallerizzo, 174 F.3d 394, 406 (4th Cir.1999); Smith v. Transworld Sys., Inc., 953 F.2d 1025, 1031-32 (6th Cir.1992); Rudek v. Frederick J. Hanna & Assocs., P.C., No. 1:08-cv-288, 2009 WL 385804, at *2 (E.D.Tenn. Feb. 17, 2009)). 

[Clydesmom]

If the debt collector does a 2nd collection attempt, wouldn't it be a violation on the date the consumer received the letter, within that time interval?  I would assume the SOL would start ticking on the particular date?

 

In the OP's case, the SOL clock starts on April 19, 2015?  Is this correct, or not?

 

I don't know if it is correct or not.  That is why I suggested they contact a consumer attorney who WILL know.  

[Blue Squad]

The information on this website is WRONG.  DO NOT quote it.  NONE of that is required for validation.  ALL they are required to provide is the amount alleged to be owed and the name of the original creditor along with the address if the consumer asks for the address.  That is IT.  

 

I am also very disturbed by this particular article.

 

Unfortunately, not much is required under the FDCPA for debt validation.  This is a 2014 case from the fed dist court of NH

 

 

https://scholar.google.com/scholar_case?case=1337912920963585585&q=1692g+validation&hl=en&as_sdt=4,30,105,119,152

 

For the OP's case, the debt collector provided nothing, and I doubt nothing would trip the low threshold set by the FDCPA.

[Blue Squad]

Here are some threads on this forum about Dynamic Recovery Solutions:

 

https://www.google.com/#q=site:creditinfocenter.com+dynamic+recovery+solutions

[debtzapper]

There was a class action settlement against the company but only it applies to Mich residents, not that it paid much anyway to the class of plaintiffs:

 

http://www.edcombs.com/wp-content/uploads/2014/06/Class-Notice-for-Konicki-v.-Dynamic-Recovery-Solutions-W.D.Mich_..pdf

 

 

 

In Count One of the complaint, Ms. Konicki claims that the letter failed to disclose the name of the current creditor or owner of the debt. The parties have agreed to settle the claims in Count One. The terms of that settlement are described in this notice, and will finally resolve any claim that Dynamic failed to properly disclose the name of the creditor in a collection letter it sent to you

[BV80]

@Blue Squad

 

The one-year SOL begins on the date a violation occurs.  But, again, the OP needs to speak to an attorney.   If sued, the debt collector could opt to immediately settle or could claim that validation was sent. 

[wtpmarsh]

They can claim they sent validation . . . but probably they're not required to provide proof.  Right?  So it's back to the he said/she said dilemma and the beat goes on.  And on.  And on.  In the meantime, I will contact Phillips Law and see what he says.