SophieB

When Debt Validation Received is Contradictory

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A few months ago, I received a dunning letter from a JDB telling me that B of A had sold them a credit card account in my name, owing between $10k and $15k.  I sent them a letter requesting debt validation.

I received a large packet of  billing statements for a 12 month period.  What is strange is that for each month, there were two separate sets of statements.  One had a debt of between $10k and $15k and the other had a debt between $1 and $20.  Each set of statements looked the same and legitimate with the B of A logo, normal credit card disclosures, same account #, same name on statement, etc.  The only thing different between the two sets were the vastly different amounts.

The next thing I know is that this account was sold to another JDB.  They also sent me a dunning letter.  Again, I asked for debt validation. This JDB sent me a set of 12 month set of statements (for same time period as first JDB), but only the set that showed the debt owing between $10k and $15k.

I really have no idea what to make of this.  Has anyone else experienced this situation where the debt validation provided is so dramatically contradictory?

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 This is one of those very rare situations where BofA made a major error that will very likely result in a court ruling in your favor, should you ever get sued.

I would lock the first set of statements in a safety deposit box in case you ever need to refer to them. 

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Thanks, Harry, for your response.  Yes, I intend to safely keep all the documentation. 

Since the debt collectors seem to be relying on the one set of 12-month statements for their "debt verification," do you think it would ever make sense for me to send them a copy of one of the contradictory statements to swat back their collection attempts?  Or do I just wait to be sued and then present the documents as contradictory evidence?

[EDIT: To clarify, the first JDB is the one that sent me the two contradictory sets of statements.  I guess they gave up and have since sold to the next JDB.  It does not seem clear to me that the 2nd --and current -- JDB has ever seen the 2 different sets of statements]

Edited by SophieB
Clarification of info

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On 2/16/2018 at 4:16 PM, Harry Seaward said:

 This is one of those very rare situations where BofA made a major error that will very likely result in a court ruling in your favor, should you ever get sued.

I would lock the first set of statements in a safety deposit box in case you ever need to refer to them. 

Wondering if she might have an FDCPA violation against the first JDB, based on the Least Sophisticated Consumer statute?

The FDCPA protects consumers from abusive and *misleading* collection practices  and is based on the Least Sophisticated Consumer standard, meaning a debtor must be considered uninformed, naive or trusting. 

Sending two sets of statements that are contradictory would seem to fall into the misleading category. 

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@SophieB

The 2nd set was, more than likely, a mistake.   Since you didn't get them from the 2nd JDB, I'm not sure you could use them in the event you were sued.  

When is the SOL up on the debt?

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8 minutes ago, RockDaddy said:

Wondering if she might have an FDCPA violation against the first JDB, based on the Least Sophisticated Consumer statute?

The FDCPA protects consumers from abusive and *misleading* collection practices  and is based on the Least Sophisticated Consumer standard, meanding a debtor must be considered uninformed, naive or trusting. 

Sending two sets of statements that are contradictory would seem to fall into the misleading category. 

It would depend upon when the OP received the statements from the 1st JDB.  It it's been more than a year, then she couldn't do anything about it. 

Then there's bona fide error.  If it was merely a mistake, the JDB might not be held responsible.

Personally, I'd like to see both sets of statements (with @SophieB's personal information redacted, of course).  That way we could compare them.

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35 minutes ago, BV80 said:

@SophieB

The 2nd set was, more than likely, a mistake.   Since you didn't get them from the 2nd JDB, I'm not sure you could use them in the event you were sued.  

When is the SOL up on the debt?

It shouldn't matter.  If I were sued and a JDB presented statements in court showing I owed BOA $15k, but I produce identical statements from BOA with the same dates showing I owed $20, that would present quite a conundrum for the JDB. It should be enough to impeach their statements as unreliable or incorrect evidence and then what do they have left to prove their case? 

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4 minutes ago, fisthardcheese said:

It shouldn't matter.  If I were sued and a JDB presented statements in court showing I owed BOA $15k, but I produce identical statements from BOA with the same dates showing I owed $20, that would present quite a conundrum for the JDB. It should be enough to impeach their statements as unreliable or incorrect evidence and then what do they have left to prove their case? 

It's possible, but the statements would have to be authenticated by the consumer.   Absent authentication, they would not be admissible.

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Thanks so much to all the replies.  

I read a post on this site about the value of being organized, so I spent this weekend sorting through all the documentation and constructing a timeline and case summary.  This exercise was extremely helpful as I found a few more holes and errors in the JDB communication to me.

I located a local attorney that has won cases against JDBs and plan to contact him for a "free evaluation" of my case (no harm, no foul - right?)

I haven't been sued over this (yet), but I think it's best to have all of my ducks in a row for when that day will come.

Anyway, thanks again!

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