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DV reply from a different CA

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crapandgarbage
New Contributor

DV reply from a different CA

I sent a DV to  a CA and got a response back from a different CA.  It reads:
 
this account has been placed with Resurgent Captial Services, LP.  Enclosed please find an orginial validation of debt that verifies the debt. 
 
Previous creditor: HSBC bank nevada
Current creditor:  LVNV funding LLC
 
acct # ********** for ME acquired from HSBC Bank Nevada National Association is now owned by LVNV Funding LLC.  At the time the account was acquired from HSBC...HSBC advised that the balance owing was 7400. As of the date fo this letter the balance was 7400 with no interest.
 
 this is all i got.  I specificly asked for original documents and all required proof of Debt including proof that the CA can collect on this debt.  HSBC is reporting to CRA as 160 days late, transfered to another lender.  tu 0 balance, ex 0 balance, eq 7400 balance. opened 2005.
 
this reply repeated the same thing that the other CA notice stated. "you must notify us within 30 days that you dispute the validity of this debt."....bla bla bla.
 
I dont recall this debt.  I submitted a dispute with CRA's but will they go with what the CA tells them.
 
Why did I get a rely from a differnt CA?
Shouldnt they provide more then this?
what is my next move?
 
if interested here is what i sent to them:
 

This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:

  1. A copy of the alleged original contract or other instrument bearing my signature
  2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account

3.       Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter. Notarized statement that you are authorized to collect this debt and by whom.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information and all other documents required by law or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported. If you are unable to provide me with proper proof as above then you must stop attempting to collect & report this alleged debt. If you continue to claim I owe a debt that you cannot confirm then you will be in direct violation of the FDCPA. Additionally, any attempt on your part to further report this alleged debt to my credit reports will be in violation of the Fair Credit Reporting Act.

Please forward your documentation to me upon receipt of this certified letter. Please note that proper documentation is not simply a print out or bill from you and this debt can not be validated without a contract bearing my original signature. If you are unable or unwilling to furnish said documents then I am ordering you to stop reporting this account and delete it from your records and delete your entry on my credit report(s).

Provided is a copy of your notice dated 10-25-07 received by me on 11-05-07.

 

 

 

 
 
Message 1 of 13
12 REPLIES 12
Anonymous
Not applicable

Re: DV reply from a different CA

Did you HAVE the card?  If so they have verified their rights to the collection.  You need to DV the OC for further proof.  HOWEVER, at that balance you may just irritate them enough to take legal action FWIW.
Message 2 of 13
crapandgarbage
New Contributor

Re: DV reply from a different CA

never had a card.   why did i get a DV or whatever they want to call it from a different CA?
Message 3 of 13
Anonymous
Not applicable

Re: DV reply from a different CA

I assumed it was a crdit card because it is through HSBC.  Did you have a car loan or line of credit through them or Beneficial or any other company under their umbrella.  Is HSBC not the original creditor in this case?  Whoever the OC is would have your original information.
Message 4 of 13
crapandgarbage
New Contributor

Re: DV reply from a different CA

If I DV the OC (HSBC) and they cant not provide anything, then what?  Also, what about the fact that it was aquired by another lender LVNV Funding LLC and they are claiming to be the owner now? Do i make them provide original documents?  
 
can both creditors report?
Message 5 of 13
Anonymous
Not applicable

Re: DV reply from a different CA

We need Scarlet for this one...
Message 6 of 13
Anonymous
Not applicable

Re: DV reply from a different CA

HSBC is the OC, since many accounts can be opened online, if done that way there is nothing to validate except date opened blah blah blah.  That being said...Is it yours?  The CA has told you that your debt from HSBC has been sold to them.  They are not a lender they are a collector. I cannot see anything more being needed to validate their right to collect a debt.  Especially if you know the debt is yours. This is not my strong suit but, the purpose of debt validation is to get information on a debt that you are not sure is yours or in cases when multiples CAs are trying to collect the same  debt, not to get out of paying it.   If your credit report indicates sold or charged-off the debt has been sold.
 
You can alays contact HSBC and ask who they sold the debt to.
Message 7 of 13
crapandgarbage
New Contributor

Re: DV reply from a different CA

if it is mine.... will or should HSBC tell me how much it was sold for?
Message 8 of 13
My_dog_FICO
Regular Contributor

Re: DV reply from a different CA

They can at least tell you the Last Date Of Activity - which establishes the beginning of the statute of limitations. Hint
11/14/07 TU 567 - EQ 561 - EX 577
11/29/07 TU ??? - EQ 573 - EX ???
12/10/07 TU ??? - EQ 579 - EX ??? - 60% util - OOPS!
Message 9 of 13
Anonymous
Not applicable

Re: DV reply from a different CA

The account was only opened in 2005 it is not past the SOL anywhere. As far as HSBC telling yhou what they sold it for, that's a no-go.  It is a contract between them and the collector assigned to the case. DOFD will tell you howlong they can collect for but for that amount you may be looking at a judgement.
Message 10 of 13
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