yescats Posted January 14, 2017 Report Share Posted January 14, 2017 I recently sent the CRA's a ID Theft Report. Today I got a dunning letter from Zackheim. Zackheim is known to sue so I would like to discourage them. Should I send them a copy of the ID Theft Report as well as a DV and a Cease and Desist? Does filing the theft report prevent a CA from collecting if they bought the account before the Theft Report was sent to the CRA? Quote Link to comment Share on other sites More sharing options...
yescats Posted January 15, 2017 Author Report Share Posted January 15, 2017 No ideas? Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted January 16, 2017 Report Share Posted January 16, 2017 Was the account Zackheim is attempting to collect created as a result of ID theft? Quote Link to comment Share on other sites More sharing options...
yescats Posted January 16, 2017 Author Report Share Posted January 16, 2017 6 hours ago, Harry Seaward said: Was the account Zackheim is attempting to collect created as a result of ID theft? yes Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 16, 2017 Report Share Posted January 16, 2017 5 hours ago, yescats said: yes Did you include an affidavit (notarized) or police report along with the ID theft report? Quote Link to comment Share on other sites More sharing options...
yescats Posted January 16, 2017 Author Report Share Posted January 16, 2017 1 hour ago, BV80 said: Did you include an affidavit (notarized) or police report along with the ID theft report? yes Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 16, 2017 Report Share Posted January 16, 2017 42 minutes ago, yescats said: yes In that case, I'd send them the docs that you sent to the CRAs. It may or may not prevent them from filing suit, but you'd have a defense. It's up to you as to whether or not you'd include a cease and desist. A C&D leaves the debt collector with 2 options: it can stop collecting or file suit. Quote Link to comment Share on other sites More sharing options...
yescats Posted January 16, 2017 Author Report Share Posted January 16, 2017 2 minutes ago, BV80 said: In that case, I'd send them the docs that you sent to the CRAs. It may or may not prevent them from filing suit, but you'd have a defense. It's up to you as to whether or not you'd include a cease and desist. A C&D leaves the debt collector with 2 options: it can stop collecting or file suit. I also send that if they are to sue I opt for JAMS arbitration. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 16, 2017 Report Share Posted January 16, 2017 13 minutes ago, yescats said: I also send that if they are to sue I opt for JAMS arbitration. Who is the original creditor? Quote Link to comment Share on other sites More sharing options...
yescats Posted January 16, 2017 Author Report Share Posted January 16, 2017 9 minutes ago, BV80 said: Who is the original creditor? Capital One Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 16, 2017 Report Share Posted January 16, 2017 2 minutes ago, yescats said: Capital One Cap1,removed arbitration from its agreements some time around 2010. When did the ID theft occur? Quote Link to comment Share on other sites More sharing options...
yescats Posted January 16, 2017 Author Report Share Posted January 16, 2017 28 minutes ago, BV80 said: Cap1,removed arbitration from its agreements some time around 2010. When did the ID theft occur? About a year ago but it's an older account but certainly not from 2010. Quote Link to comment Share on other sites More sharing options...
yescats Posted January 16, 2017 Author Report Share Posted January 16, 2017 29 minutes ago, BV80 said: Cap1,removed arbitration from its agreements some time around 2010. When did the ID theft occur? If I send in a DV they will likely send the card agreement or return the account to Cap1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 16, 2017 Report Share Posted January 16, 2017 Just now, yescats said: About a year ago but it's an older account but certainly not fro 2010. Well, unless Cap1 reinserted arbitration, chances are it's not an available forum. Quote Link to comment Share on other sites More sharing options...
yescats Posted January 23, 2017 Author Report Share Posted January 23, 2017 On 1/16/2017 at 4:56 PM, BV80 said: In that case, I'd send them the docs that you sent to the CRAs. It may or may not prevent them from filing suit, but you'd have a defense. It's up to you as to whether or not you'd include a cease and desist. A C&D leaves the debt collector with 2 options: it can stop collecting or file suit. If they sue is it a violation? If so, what section of which law would they be violating? I think it would be a good idea for me to mention that in the letter. Or should I just be vague and say, "in compliance with consumer law please cease collection on this account?" Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 23, 2017 Report Share Posted January 23, 2017 3 hours ago, yescats said: If they sue is it a violation? If so, what section of which law would they be violating? I think it would be a good idea for me to mention that in the letter. Or should I just be vague and say, "in compliance with consumer law please cease collection on this account?" I should have asked some questions before, but I didn't think about it, so I apologize. First question: Is Zackheim collecting for the original creditor or a JDB? Quote Link to comment Share on other sites More sharing options...
yescats Posted January 23, 2017 Author Report Share Posted January 23, 2017 21 minutes ago, BV80 said: I should have asked some questions before, but I didn't think about it, so I apologize. First question: Is Zackheim collecting for the original creditor or a JDB? For the original creditor. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 23, 2017 Report Share Posted January 23, 2017 Just now, yescats said: For the original creditor. Okey dokey. How and when did you find out about the account? Please note that I'm not trying to be difficult. If and when I offer suggestions, I just want to have as many facts as possible. Quote Link to comment Share on other sites More sharing options...
yescats Posted January 24, 2017 Author Report Share Posted January 24, 2017 15 hours ago, BV80 said: Okey dokey. How and when did you find out about the account? Please note that I'm not trying to be difficult. If and when I offer suggestions, I just want to have as many facts as possible. Around 8 months ago I started getting collection letters. Procrastinated until a couple weeks ago. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 24, 2017 Report Share Posted January 24, 2017 9 hours ago, yescats said: Around 8 months ago I started getting collection letters. Procrastinated until a couple weeks ago. I can't see that filing suit after receiving an ID theft claim and affidavit would be an FDCPA violation. The reason is because the affidavit is just your word just as an affidavit by a JDB is just the JDB's word. If that's all it took to avoid a lawsuit, everyone would do it. ID theft would be a defense, and if the JDB couldn't provide credit card statements that show your name and address and that you made charges and payments on the account, a judge should rule in your favor. Quote Link to comment Share on other sites More sharing options...
yescats Posted January 25, 2017 Author Report Share Posted January 25, 2017 On 1/24/2017 at 5:44 PM, BV80 said: I can't see that filing suit after receiving an ID theft claim and affidavit would be an FDCPA violation. The reason is because the affidavit is just your word just as an affidavit by a JDB is just the JDB's word. If that's all it took to avoid a lawsuit, everyone would do it. ID theft would be a defense, and if the JDB couldn't provide credit card statements that show your name and address and that you made charges and payments on the account, a judge should rule in your favor. According to this it is. See pg 38. https://www.consumer.ftc.gov/articles/pdf-0119-guide-assisting-id-theft-victims.pdf Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 26, 2017 Report Share Posted January 26, 2017 1 hour ago, yescats said: According to this it is. See pg 38. https://www.consumer.ftc.gov/articles/pdf-0119-guide-assisting-id-theft-victims.pdf As you were told on the other site where you asked the EXACT same question: that article only outlines your rights under the FDCPA it does NOT say that the situation you are in is a clear cut violation. SHEESH. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 26, 2017 Report Share Posted January 26, 2017 5 hours ago, yescats said: According to this it is. See pg 38. https://www.consumer.ftc.gov/articles/pdf-0119-guide-assisting-id-theft-victims.pdf I appreciate the link, but it's it's 132 pages. Could you please identify the sections/pages that would support your claim? Quote Link to comment Share on other sites More sharing options...
yescats Posted January 26, 2017 Author Report Share Posted January 26, 2017 13 hours ago, BV80 said: I appreciate the link, but it's it's 132 pages. Could you please identify the sections/pages that would support your claim? FCRA 613 (f) Prohibition on Sale or Transfer of Debt Caused by Identity Theft (1) In general. No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 605B has resulted from identity theft. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 26, 2017 Report Share Posted January 26, 2017 38 minutes ago, yescats said: FCRA 613 (f) Prohibition on Sale or Transfer of Debt Caused by Identity Theft (1) In general. No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 605B has resulted from identity theft. That's the Fair Credit Reporting Act. Is the account being reported? Quote Link to comment Share on other sites More sharing options...
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