Just Received Letter from ARS National Services - JPMCB

[WillingtoFight593]

Hello all,

I just received a letter from ARS National Services stating my account with JPMorgan Chase Bank "has been placed with ARS for collection." I am guessing the OC has not sold the debt based on this wording. They are stating "unless you notify this office within 30 days that I dispute the validity of the debt, the office will assume the debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of the debt, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy."

The debt is roughly $7000. I know that Chase amended their card agreement before my account charged off to have a rather nice arbitration clause stating they will never collect the fees of arbitration, etc. The account was charged off sometime after Q2 in 2019. I am trying to clean up my finances and am now dealing with a lawsuit (described in another thread) and now this. There is also another situation with Bank of America, they initially filed suit back in February or March, but I never got served and then they dismissed with prejudice rather randomly. I am sure they will be back. But for the purposes of this thread we can focus on this letter from ARS.

I know there are mixed feelings on DV letters--anyone have any experience with ARS? I searched the forums but only found a handful of threads which were mostly old, some ~10 years old. What is everyone's opinion on the DV letter? Should I send one and what should it look like? Also, I am in no position to settle for anything close to the owed amount but...I know Chase is starting to litigate again. I really don't want another law suit on my hands but I guess if I don't have even 50% of the owed amount, there isn't much I can do? I will be continuing to file through the forum. I just got this letter today.

[BackFromTheDebt]

A few things:

1. Did BOA dismiss WITH prejudice, as you stated?  If so, the debt is dead.  Finished.  Over.  If they dismissed withOUT prejudice, they can file again, and possibly will.

2.  DV letters never hurt, and sometimes help.  In the old days they used to help a lot more.  For example, once an OC refused to validate, since they were the OC and didn't have to validate, but it never occurred to them that their CAs couldn't collect if they never validated.  That debt eventually died off.  I had another bank for which I had two large accounts.  They would contract a CA, the CA would contact me, I would send a DV, and then nothing.  Those debts eventually died.

 

I suggest ALWAYS send a DV.

So here is what can happen with a DV.  Note that the good things happen less commonly now, sad to say, since we have been forcing them to clean up their act.

A.  You send a DV.  You never hear from them again.  That buys you time until the next CA gets the debt.  This is an interesting game of whack-a-mole.  In the old days the debts would sometimes go SOL before they got their act together.  Less likely now, but it occasionally happens.

B. You send a DV, and they violate the FDCPA afterwards.  That could be very helpful to you.  

C. You send a DV, they reply correctly, and collect correctly according to the FDCPA.  This is much more common these days.  The DV doesn't hurt, and it buys you a month or two of time.  

 

As for the DV, keep it short and simple.  In the old days we would sometimes send multi-page DV letters, until we realized those were silly and sometimes counterproductive.  Don't send one of those letters.

 

Just send something like this, CMRRR:

 

Dear Collection Agency,

I dispute this debt, and demand validation.

Yours,

Alleged Debtor

 

 

Do NOT actually physically sign the letter.  If you do, they have your signature, which can be bad if they are unethical. 

[WillingtoFight593]

On 11/13/2020 at 12:19 PM, BackFromTheDebt said:

1. Did BOA dismiss WITH prejudice, as you stated?  If so, the debt is dead.  Finished.  Over.  If they dismissed withOUT prejudice, they can file again, and possibly will.

No. I meant to say without. Sadly.

 

On 11/13/2020 at 12:19 PM, BackFromTheDebt said:

Do NOT actually physically sign the letter.  If you do, they have your signature, which can be bad if they are unethical. 

I will definitely follow this advice. Thank you!