charge off with applied bank--CA responds to DV

[Anonymous]

Background

CC with Applied bank charged off (these are the comments on the status on each of the CRA 1) charged off 2) bad debt & placed for collection 3) charged off as bad debt / profit and loss write off. All 3 credit reports still show Applied Bank. No name of CA on any of the reports.

July 10, 08 --Receive  Dunning letter from CA. Given  30 days to respond

August 2    -- CA gets my DV  sent CMRR

August 20  ---Receive thick envelope with nothing but old CC statements from CA. Nothing else That I requested. I have reason to think that this DV is not complete. How do I proceed from here?

thanks in advance

[Anonymous]

Is this your debt?

According to the FDCPA, the CA has to provide:

"verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector" "verification of the debt or any copy of a judgment,or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

Does the statements show the unpaid debt they are collecting for?

[Anonymous]

yes statement shows total debt they are collecting for. I do recall having cc with crosscountry bank later bought by or changed name to Applied

[Anonymous]

IMO, I would say they validated.

Message Edited by sidewinder on 08-27-2008 07:51 AM

[Anonymous]

Out of curiosity, this morning I made a call to Applied and discussed my account with a rep to find out for sure who at this point owns this debt. She confirmed that the CA that sent me the dunning letter did buy the debt. I think I have no options but to see if they can accept a PFD.  But , can they legally collect since I have no contract with them? Should they show me that they are legally owed by me?

[Anonymous]

My husband has one of those. They told me Applied has a policy that if you pay in full, they will delete all record of the account from your CR. I hope she wasn't snowing me, because I set up payments. Another one of those things I did before I found this forum...

[Anonymous]

When was your last payment and what is your SOL?

[llecs]

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ixoxo wrote:

Background

CC with Applied bank charged off (these are the comments on the status on each of the CRA 1) charged off 2) bad debt & placed for collection 3) charged off as bad debt / profit and loss write off. All 3 credit reports still show Applied Bank. No name of CA on any of the reports.

July 10, 08 --Receive  Dunning letter from CA. Given  30 days to respond

August 2    -- CA gets my DV  sent CMRR

August 20  ---Receive thick envelope with nothing but old CC statements from CA. Nothing else That I requested. I have reason to think that this DV is not complete. How do I proceed from here?

thanks in advance

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Also, who is the CA? DW had the same issue with Cross Country Bank (aka Applied) and the collecting CA was Wolpoff & Abramson (aka Mann & Bracken) as well as FNCB, or something like that.

[Anonymous]

Read your cardholder agreement and all those good papers you get when you accept the credit. I am sure somewhere it says that the card issuer has the right to sell your account.

Basically, the CA paid the OC and you no longer owe the OC, but do owe the CA.

They showed you proof of the debt. You could ask for proof of the purchase contract where they bought the debt, I don't see them providing and haven't seen anything that requires them to provide that to you.

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ixoxo wrote:

But , can they legally collect since I have no contract with them? Should they show me that they are legally owed by me?

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[Anonymous]

CA is National Asset Recovery services.