11-01-2010 09:50 AM
A little info on the subject.
DBF used to live in Missouri, the woman he dated then opened 2 credit cards in his name both of which he knew about and used. She was the one making the payments on them but when they broke up she stopped. One he paid in full before it went to collections and the other he didn't know about until recently.
The account he didn't know that wasn't being paid was bought by Midland.
In Sept he was served a summons at the OLD address in Missouri and was accepted by someone that ID themselves as his step daughter, they waited almost a full month before telling him about it.
I through the grapevine found an attorney in that area to have the case dismissed for free. It was dimissed without prejudice which means they wil eventually come after him here where he lives now.
They were rep'ed by Kramer & Frank, I sent K&F a letter asking for all records of the account and they sent him back statements from the time the account was opened to the time it was closed. He NEVER got anything from K&F or Midland proving they purchased this debt and had a legal right to collect on it.
The summons stated the account could be paid and the check be made out to K&F not Midland.
Midland is all over his reports as a factoring company and has gone so far as removing ALL information about the account on EX but the trade line is still there just blank.
I have contacted a few FCRA/FDCPA attornies here in La but I can't get any of them to respond to me.
Time is ticking here and I have a feeling the bomb is about to go off again.
I am trying to head them off at the pass before they file suit again.
What can I do on my own to stump these people into leaving him alone and not filing suit, this IS within SOL and LA does allow borrowing of statutes either way here or there it is still within SOL.
11-01-2010 09:57 AM
And BTW, Midland did tack on the court cost to his account and reported that to TU and EQ but NOT EX, the EX listing with no info states the account is in dispute as per the FCBA Fair credit billing act. << I didn't know a CA could do this.
11-01-2010 01:30 PM - edited 11-01-2010 01:31 PM
I usually post in a position of what I would do if I had that happening and my #1 priority when fixing my credit is to get it clean and that takes precedence over $$$ (IMO). If I had that, I would send a DV if not done (I'm sure it has ) and then send a PFD to get it removed. That removes the CA, makes the CR look cleaner, and prevents a judgment from appearing. If I thought I could recover the money from the other party, then I would but it sounds like that isn't likely if he knew about it and even used it. The mis-service (if that's a word) would be an issue for me too, but that was settled by the temporary dismissal.
11-01-2010 04:39 PM
Thanks for the input.
The only thing that has been sent to them was through their attorney, I don't know if Midland sent the info to the attorney to send to us but the return address was for K&F and the request to make the chek or MO payable to K&F not Midland.
SoI really don't know what is going on right now.
On sending them a DV, they haven't sent him any letters or tried to call him since they served him and it was dismissed, they are being awfully quite which scares me.
I was thinking if I had to send them anything, the first thing I would send them would be a "DV" asking for proof that they own the debt and have a legal right to collect it since they already provided me with the statements I think, like I said I am not sure where they came from.
How would you start a DV when you already know about the debt and they tried to sue you for it?
You can't use an unknown DV, you can't use a response to e dunning, would that be Dear so and so, since you tried to sue me but couldn't now provide me with any and all info you have including proof that you legally own this debt?
We haven't even touched the issue of the reporting violations for a factoring company account let alone the court fees added to the account and reported.
So right there I have them on FCRA and FDCPA violations. not only that they are reporting the account in dispute under the FCBA Fair credit billing act, I didn't know a CA could claim that.
11-01-2010 05:14 PM
Why a DV? Hail Mary at this point in the game. I always sent DVs, even if I knew the debt was mine, to establish ownership (CA vs. the law firm) and to establish the balance. I've read tooooo many examples in here of CAs (and law firms) going away because they really couldn't validate. And even though the 30 days for sending the DV expired long ago for the debtor, they may conclude, albeit it remote, that they can't show the debt is legit if it ever went to court.
Yes, they can sue, but that's why you'd want to have the $$$ to PIF set aside before sending or doing anything.
I custom write all of my DVs because too many are canned and I can hear the CAs laughing from afar. I limit my requirement from the CA to just the OC, the balance owed, and if there's a descrepency to the balance, then I'd ask for info to show how they came up with the balance. I'm in VA and VA doesn't allow for any extra inclusions per requests (e.g. contract, statements, etc.). BTW, some states recognize a law firm as a CA. YMMV. I'd also see if they are licensed and see how their standing is with the bar and the state.
I always ignore the reporting. Even if they stopped the factoring debt bit or the FCBA bit, they are still a reporting CA. If they fixed it there's no positive impact per my reports. I still need it off.
11-01-2010 05:33 PM
Well, now I am even more confused LOL.
So I should think about sending Midland a DV as if I never sent them one before and ask for the same docs that I did the attorney before the case was dismissed.
Dear so and so,
I am requesting all documents you have on this allged debt as well as any and all documents of proof that you legally own this debt and have a valid reason for attmepting collections on this account.
11-01-2010 06:51 PM
DV letters do not require legal proof of their ability to collect. If they dont have such authority, then their collection actions are illegal. You can get this proof through legal discovery should they file legal action, but not now through the DV process.
All they must provide in response to a DV is the name and address of the original credtior, and the amount of the current debt. They are not even required to respond to a DV letter, and certtainly not if your DV was after 30-days from their collection notice.
11-01-2010 06:56 PM
Ok considering all that has taken place so far, what would you suggest?
The last thing that we want is another summons, but at the same time he doesn't have the money to pay it.
I am clueless at this point and am open to any and all suggestions.
I tried finding a FDCPA/FCRA attorney here in Louisiana but there are just not that many and the ones we do have are so busy I have tried several times to contact 3-4 of them and have not gotten an answer back from any.
llecs told me how they would handle this, so how would you handle this if you were in this situation?