HELP! letter from attorney

[Anonymous]

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I rec'd a letter from an attorney dated May 3, 2010 claiming to be represented by Bluefield Asset Management-JP Morgan Chase. (original creditor JP Morgan Chase). States that as of April 30, 2007 I owed $2676.96 (Interest $1100.25; Principal $1326.71, Interest accrued through April 30, 2007; and, attorney fees of $250.00.) The attorney is [name removed] in Houston TX. Demanding payment directly to attorney. States instructed to only make one offer or proceed with law suit. Then gives my rights to dispute within 30 days or they will recommend to client that suit should be filed and that additional atty fees and court cost be added. Closes with "We are attempting to collect a debt and we are acting as a debt collector in this matter...."
Hand signed.

Here are my concerns about this ...
The letter is addressed to "my first name-- maiden name initial --EX last name--current married name mispelled. " This account was opened up 2 years after my EX and I divorced. My EX last name has no association to this account. My last name has also been mispelled and so is my street address.

I have not recieved any correspondance what so ever from Bluefield Asset Management-JP Morgan Chase.

According to my past credit reports, Chase SOLD the account . I think it was sold to Heritage Chase and Unifund was trying to collect as of my March 2010 credit report.

Details of original account (Chase):
Opened 1/2005
DOLA 8/2006
Balance owed $0
Charged off then sold

Details of Unifund:
Opened 5/2009
DOLA 10/2006
Balance owed $2243
Status 120+ past due
Open account
Loan type: Factoring account

so much does not match...

I'm on a time frame and not sure what to do......

DOES THIS SOUND LEGIT TO YOU? WHAT WOULD YOU DO? PLEASE HELP!! I HAVE NOT HEARD FROM ANYONE ON THIS ACCOUNT IN 3 YEARS THEN BAM! I GET A LETTER FROM AN ATTORNEY. I'M NERVOUS AND NOT SURE WHAT TO DO.

[Edited; posting of a person's full name or other personally identifying information is not permitted on the FICO forums.]

[Anonymous]

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@Anonymous wrote:

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I rec'd a letter from an attorney dated May 3, 2010 claiming to be represented by Bluefield Asset Management-JP Morgan Chase. (original creditor JP Morgan Chase). States that as of April 30, 2007 I owed $2676.96 (Interest $1100.25; Principal $1326.71, Interest accrued through April 30, 2007; and, attorney fees of $250.00.) The attorney is [name removed] in Houston TX. Demanding payment directly to attorney. States instructed to only make one offer or proceed with law suit. Then gives my rights to dispute within 30 days or they will recommend to client that suit should be filed and that additional atty fees and court cost be added. Closes with "We are attempting to collect a debt and we are acting as a debt collector in this matter...."
Hand signed.

Here are my concerns about this ...
The letter is addressed to "my first name-- maiden name initial --EX last name--current married name mispelled. " This account was opened up 2 years after my EX and I divorced. My EX last name has no association to this account. My last name has also been mispelled and so is my street address.

I have not recieved any correspondance what so ever from Bluefield Asset Management-JP Morgan Chase.

According to my past credit reports, Chase SOLD the account . I think it was sold to Heritage Chase and Unifund was trying to collect as of my March 2010 credit report.

Details of original account (Chase):
Opened 1/2005
DOLA 8/2006
Balance owed $0
Charged off then sold

Details of Unifund:
Opened 5/2009
DOLA 10/2006
Balance owed $2243
Status 120+ past due
Open account
Loan type: Factoring account

so much does not match...

I'm on a time frame and not sure what to do......

DOES THIS SOUND LEGIT TO YOU? WHAT WOULD YOU DO? PLEASE HELP!! I HAVE NOT HEARD FROM ANYONE ON THIS ACCOUNT IN 3 YEARS THEN BAM! I GET A LETTER FROM AN ATTORNEY. I'M NERVOUS AND NOT SURE WHAT TO DO.

[Edited; posting of a person's full name or other personally identifying information is not permitted on the FICO forums.]

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If this attorney regularly engages in collections, they are subject to DV.  You can send them a letter requesting verification of the debt and see what, if anything, they come back with. 

[Anonymous]

Since the attorney addressed the letter to the wrong name~~~~~  Adressed to : FIRST NAME--MAIDEN INITIAL--EX LAST NAME (HYPENATED) CURRENT LAST NAME

(first name correct; never associated my EX last name with this account (i applied for and recieved this card 4 YEARS LATER) and then mispelled my current married name)....

HOW SHOULD I SIGN MY DV LETTER?

I dont want to give them any correct information they may not have.

[guiness56]

Send them a DV letter.  Don't give them any information.

[Anonymous]

SO SEND A  DV LETTER WITHOUT SIGNING MY NAME TO IT? ???

[guiness56]

Don't sign it, just type your name.

[Anonymous]

You can send the letter just citing their tracking number.  Something like:

"Regarding your letter of May 11th of this year, reference number 123456789, etc, etc.

[Anonymous]

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@Anonymous wrote:

You can send the letter just citing their tracking number.  Something like:

"Regarding your letter of May 11th of this year, reference number 123456789, etc, etc.

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Thanks! That's what I will do...I dont want to even type my name, giving them correct name and spelling of it....

[MattH]

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@Anonymous wrote:

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I rec'd a letter from an attorney dated May 3, 2010 claiming to be represented by Bluefield Asset Management-JP Morgan Chase. (original creditor JP Morgan Chase). States that as of April 30, 2007 I owed $2676.96 (Interest $1100.25; Principal $1326.71, Interest accrued through April 30, 2007; and, attorney fees of $250.00.) The attorney is [name removed] in Houston TX. Demanding payment directly to attorney. States instructed to only make one offer or proceed with law suit. Then gives my rights to dispute within 30 days or they will recommend to client that suit should be filed and that additional atty fees and court cost be added. Closes with "We are attempting to collect a debt and we are acting as a debt collector in this matter...."
Hand signed.

Here are my concerns about this ...
The letter is addressed to "my first name-- maiden name initial --EX last name--current married name mispelled. " This account was opened up 2 years after my EX and I divorced. My EX last name has no association to this account. My last name has also been mispelled and so is my street address.

I have not recieved any correspondance what so ever from Bluefield Asset Management-JP Morgan Chase.

According to my past credit reports, Chase SOLD the account . I think it was sold to Heritage Chase and Unifund was trying to collect as of my March 2010 credit report.

Details of original account (Chase):
Opened 1/2005
DOLA 8/2006
Balance owed $0
Charged off then sold

Details of Unifund:
Opened 5/2009
DOLA 10/2006
Balance owed $2243
Status 120+ past due
Open account
Loan type: Factoring account

so much does not match...

I'm on a time frame and not sure what to do......

DOES THIS SOUND LEGIT TO YOU? WHAT WOULD YOU DO? PLEASE HELP!! I HAVE NOT HEARD FROM ANYONE ON THIS ACCOUNT IN 3 YEARS THEN BAM! I GET A LETTER FROM AN ATTORNEY. I'M NERVOUS AND NOT SURE WHAT TO DO.

[Edited; posting of a person's full name or other personally identifying information is not permitted on the FICO forums.]

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The term "Factoring account," sometimes is an indication that a collection agency is playing fast and loose with the rules.  A genuine factoring company is a company that purchases good debts from merchants who want cash up front, at a modest discount off the face value, then takes the payments as they arrive.  Some collection agencies buy junk debts, then represent themselves as factoring companies in order to evade some of the laws constraining how collection agencies are allowed to operate.  But legally if they quack like ducks they are ducks, no matter what they call themselves.

Anyway, another reason to watch them like a hawk, refuse to speak with them on the phone, insist they provide full documentation of their claims in writing, send all letters to them certified mail return receipt requested, type your name on the bottom of letters to them but do not sign them, etc.

PS: Here are a few threads on CAs calling themselves Factoring Companies:

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Collection-Agency-reporting-as-Factoring-Company-Is-this-legal/m-p/527049

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/What-is-factoring-account/m-p/450622

[RobertEG]

Some serious issues here.  It looks to me like they are trying to sidestep the FDCPA.

It appears that the debt is owned by the OC (which includes their heirs), and that no CA is reported on your CR?  Correct?

Now an attorney comes along who is purporting to be an agent of the OC in collecting the debt.  They claim to be a "debt collector" on behalf of the OC.  Dont let the fact that it came under attorney letterhead intimidate you.  That is their intent.

If so, they must comply with FDCPA 808(a), and send you a full dunning notice, including, not only the name of the OC and the amount of the debt, but additionally specific advisement of you dunning rights to request DV within 30-days.  This dunning notice must be sent to you within 5-days of their initial commication with you.  Have they done this?  A statement that they require your response within 30-days, with a threat of legal action, is not proper advisement of your dunning rights.  They seem to be playing it both ways.

If they claim to be a "debt collector," then they self-assert to the definition as such under FDCPA 803(6).  This automatically subjects them to the dunning notice requirement of FDCPA 809(a), and avails you of the DV process under FDCPA 809(b).  I would immediately DV them.  This will require them, as of the date of receipt of your DV letter, to cease all further collection activity util such time as they provide validation.