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[The debtor had a contractual obligation to the creditor NOT the JDB/Collector. When the creditor charged off the debt and sold it, the creditor absolved the debtor of any contractual obligation. There IS a contract between the original creditor and the JDB/collector giving the JDB/collector the right to collect the debt. Since you, the consumer, weren’t involved with the creation of that contract, you are not bound by it. This means the JDB/Collector has a right to collect the debt, but you, the consumer, do not have an obligation to pay them.]
Sorry to be disagreeable, but nearly ALL debt agreements include the verbiage "and assignees" meaning they can sell the debt and all rights transfer to the new owner.
A good reference for debt validation can be found at Mod cut Scroll down to debt validation and hit on "The ulimate waeapon against collection agencies." Basically, it informs you of what to say or not what to say, what to do or not what to do,anyhow, you get my drift. Hope the enclosed information can help at least one person in the forum.
EQ: 823 TU: 819 EX: who care's!!!
11/6/2009
This is great! I will definitely try this. Thanks for the advice.
@Cherriwyn wrote:This is great! I will definitely try this. Thanks for the advice.
Be wary. Be very wary.
The information presented in this thread is not only very old, but there have been numerous court decisions that would render it inaccurate. The data required for a proper DV response is extremely minimal.
Thank you
I just don't understand what compels people to send long-winded, convoluted letters to CA's.
The following is what I always send to them:
Dear <collection agency/junk debt buyer>: Please send me validation of this alleged debt. All calls to me at any phone number at any time are inconvenient to me. Communicate with me, only in writing, at my mailing address. If there are any underlying consumer arbitration agreements associated with this, I hereby elect my rights to it. Sincerely, Aggrieved Consumer
Normally, when I send out this letter, about 90% of the collectors fold their hands and pass it on to someone else. The other 10% will either send me laughable proof of the alleged debt or will make the mistake of filing suit against me.
LOL That is some letter. My feeings echo... lol
Is this really the entirety of the letter you send? Do you include account numbers or any other information? I ask because I plan to send a DV letter next week and I want to make sure I send an efficient one. Thank you for the help.