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?
Pulled my Equifax report yesterday...this is whats on the report:
OC (Chase Bank USA)
Date opened 1/2005
Creditors statement: PURCHASED by another lender
Credit limit/orig amt: $700
High Bal $1326
Recent Bal $0
Type: Revolving
ALSO...
Unifund (same acct number as OC)
Original Creditor: Heritage Chase
Date opened 5/2009
Credit limit/ Orig amt : $1326
Recent bal: $2426
Status details: This acct is scheduled to continue on record til July 2013
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.
The letter from the attorney DID include the following:
(at top of lettter)
Creditor: JP Morgan Chase
Account number (same as OC #)
Principal Balance: $1326.71
Accrued Interest: $1100.25
Attorney Fee: $250.00
Our fIle number: (XXX-XXX)
(body of letter)
Our office has been retained by Bluefield Asset Management-JP Morgan Chase to collect the debt described above. As of April 30, 2007, the amount owed is $2676.96. The total amount consists of Interest $1,100.25; Principal $1326.71; Interest accrued through April 30 2007; and attorney fees.
Demand is now made for payment of the debt. Because of the nessecity of retaining this firm to collect the debt, payment in the additional amount of $250.00 as attorney fees must also be tendered at this time. Direct your payments to this office.
Our office has been instructed to only make one demand for payment. If your payment is not forthcoming and if no arrangements are made to satisfy the debt, we are to proceed with suit against you to collect this debt by all lawful means and through all remedies available to law.
We trust, however, that this will not be necessary. Please note that regardless of the filing or timing of any suit, you are entitled to dispute the debt as set forth.
Please call me so we can discuss some amicable resolution of this matter. If you do not respond within 30 days from the date you recieve this letter, we will recommend to our client that suit be filed and that additional attorney fees and court costs, in addition to the principal of the debt, be recovered from you.
Unless, within 30 days after receipt of this letter, you dispute the validaty of the debt or any portion of it, we will assume the debt to be valid. If, within 30 days of your receipt of this letter, you notify in writing that the debt or any portion of it is disputed, we will obtain a verification of the debt, if the debt is founded on a judgement, a copy of the judgement, and we will mail you a copy of the verification or judgement. If the original creditor is different from the creditor named above, then on your written request within 30 days of receipt of this letter we will provide you with the name and address of the original creditor.
We are attempting to collect a debt and we are acting as a debt collector in this matter. Any information will be used for that purpose.
(Hand signed by attorney)
and as a side note---I also want to add----- the letter was sent by regular mail, not ceritified and that it was addressed to me including an EX married name that I NEVER used in association with this credit card.
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.
ANY OTHER THOUGHTS AND ADVICE WELCOME!!!!!!!!
