Unifund and a law firm, need advice ASAP!!!!

[bonddiva07]

Okay, i need advice on my next move.  I received a letter from a law firm that is now representing Unifund to collect on a citibank card.  They are not suing me....as of yet.  I disuputed with the law firm last week and requested a DV.  They sent back a letter and 2 old copies of credit card statements dated 6/13/05 and 8/11/05 as their proof of verifying the debt.  The letter states that "This matter must be resolved, please contact our office"  and it also states "If you have documentation that establishes you do not owe this debt, please forward it to us immediately.  I thought they were the one's who had to provide sufficient proof of me actually owning this debt and prove they have a right to collect on it?  Also, does copies of credit card statements actually count as proof of a CA owning a debt.  What do I do now?

[bonddiva07]

bump

[Junejer]

They do, but as a typical atty, they think that they can throw their weight around. What DV did you send them? Do you mind posting. What they sent you was not a DV. Okay, so it's yours...big deal. What gives them authority to collect from you? That's the question.

[bonddiva07]

Thanks for the reply.  See that is what I am confused on, what gives them the right to collect from me.  Should I contact Unifund and ignore the law firm completely?  I was thinking of sending the law firm a letter and telling them that I am going to settle with Unifund directly and for them to stop contacting me.  Is this good idea?

[Junejer]

No, I don't personally think that it's a good idea to work with either of the two. Have you tried to work w/Citi? What DV did you send? Can you post it? I would DV both unifund and the atty. What gives either of them the authority to collect from you. We know that citi has the authority, but what about the other two? If you don't mind, post your DV, so that I, and people a whole lot more knowledgable than I, can post and help you.

[bonddiva07]

Okay, here is the letter I sent.  Let me know what you think and what my next action should be.  Citibank apparently sent this to Unifund sometime in 2005 or 2006, is it too late to work with them directly?

January 11, 2008

Law Firm

RE:  Validation of debt

My name is _____________ and I received notice from your company that I allegedly owe a debt on CITIBANK Account # ______________.  Your organization claims to represent Unifund in attempts to collect on the above mentioned account for an amount of $2015.54.  I am disputing the validity and accuracy of this debt and would like documentation of this information from your office supporting that this debt is actually valid.

I have also noticed that you have placed an inquiry on my Experian credit file dated 12/30/2007.  As you probably know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC § 1681n(a)(1)(B) for an entity to view a consumer’s credit report without a "permissible purpose," I am writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization.  Therefore I am requesting that this hard inquiry be removed from my credit report due to the fact that it is causing an adverse affect on my credit score.

I would like all documentation that your company possesses to validate this debt including but not limited to;

1.  A signed contract from the Original Creditor

2.  Proof that your company actually owns the account/ or has been assigned the account

3.  All payment history from the Original Creditor to prove the balance amount is accurate

4. Proof of charge-off date from the Original Creditor

5.  All dated material showing when your company first received this account from the Original Creditor

6.       Dated mail receipts of actual first attempt to notify me of this collection attempt

Upon my review of the above requested information, I would like to work in the spirit of compromise and customer service to seek a potential “pay for delete” option for the above referenced account considering it is having an adverse affect on my credit score and would like to prevent any further damage to my credit status.  This offer is not to be misunderstood as an admission of owing the above referenced debt, but as an attempt to protect my credit history.  Please respond in writing within 15 (fifteen) calendar days upon receipt of this letter whether this will be a suitable settlement to this situation. 

Thank you for your consideration in this matter.  If you have any additional questions please feel free to contact me.

Sincerely,

[Junejer]

Bonddiva, I think that you acquiesced too much in that letter. I would send the following letter to both the CA and atty. BTW, I don't think that it's too late to work with the OC, if they in fact still own it. Are you in a position to PFD or make some settlement with citi? Of course you never sign anything sent to CA.

CERTIFIED MAIL #

Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.

All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State

Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name database. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.

If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.

I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

[bonddiva07]

Okay, so I checked with the OC and they have indeed sold this account to Unifund and the OC no longer has any interest in this account.  At this point do I try to deal directly with Unifund or with the law firm?

[Anonymous]

What is SOL for the account?

[Anonymous]

You must deal with Unifund or their attorney! It looks to me as if they are setting you up for a lawsuit.

This CA....are the licensed in your state?  Is this attorney in your state?

Looks like your SOL is no where near past.

When going to court more then what they sent you is needed.  I would advise getting an attorney.

In court an attorney will request discovery & the other side MUST turn everything over. If this is all that they have your attorney might be able to get the court action dismissed BUT it would be hard for you to do it alone.

If they did a hard pull on your CR....send the CA a letter telling them that you did not request credit or employement. They did not have PP acording to federal law. They have 5 days to delete it or you will notify the FTC and turn it over to your attorney!

Never sign your name to ANY  CA   just type it!

Never talk to a CA or their attorney.....everything in writing!