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Proper Response To DV? Please Help

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Anonymous
Not applicable

Proper Response To DV? Please Help

I dv'd  a JDB. In response they sent a copy of the original contract from 1998 and nothing else. Is this proper validation? I asked for

• A copy of the alleged original contract or other instrument bearing my signature
• If the alleged debt was purchased, a copy of the contract/sales agreement between JDB and the Original Creditor(creditor as defined by the FDCPA) as well as

amount the debt was purchased for
• If the alleged debt is on assignment(contingency) to JDB, provide a

copy of an agreement between JDB and the Original Creditor

• If the alleged debt was purchased, provide a copy of an agreement between JDB and myself, signed by me, stating that I have a contractual responsibility to

JDB for the alleged debt

• 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
• Provide proof that JDB is bonded/Licensed for debt collecting

in the State of Illinois

Message 1 of 17
16 REPLIES 16
braznyc
Frequent Contributor

Re: Proper Response To DV? Please Help

This is not the same guy we have is it? I've gotta run to my last class for the day will be back later to add my opinion.
Message 2 of 17
Anonymous
Not applicable

Re: Proper Response To DV? Please Help

Also got this letter also from a different CA in response to a PFD.
 
We are in receipt of your letter dated 1/28/2008 but mailed 2/1 2008, in which you requested validation of the account D100AMExxxxxxxxxxx is the above-referrenced account. We have requested a bill from them and will forward this to you upon receipt. As you are aware, you do not signa contract with a utility when setting up residential services. Nor of course did you sign a contract with CA name. AT&T assigned us your account for collection. Regarding validation of debts under FDCPA, the Federal Trade Commission stated that this section of the law is "... intended to assist the consumer when a debt collector inadvertently contacts the wrong consumer at the atart of the collection affort." The courts have adopted a similar interpretation, stating [V]erification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. Constitent with the legislative history, verification is only intended to "eliminate the ... problem of the debt collectors dunning the wrong person or attempting to collect debts the consumer has already paid." There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt.


Message Edited by litchloath1 on 02-11-2008 04:15 PM
Message 3 of 17
Anonymous
Not applicable

Re: Proper Response To DV? Please Help

yes same guy
 
Message 4 of 17
braznyc
Frequent Contributor

Re: Proper Response To DV? Please Help

Ok, I got my green card back from him, he signed it on 2/7 as well seems like he got both our DV letters around the same time. So he must have deleted it from my files, because again I know for a fact I didn't DOFD in 2005, that's just impossible, he tried to re-age and he knows it. Like I said I am not jumping for joy, I am happy but cautiously. I don't trust this company with a ten foot pole! And no I don't consider what he sent you a validation of debt, you need to confirm the DOFD, and he's basically hiding that from you. Do you have any of your bankrecords from 2005? I only ask because I think you need to send him a letter of intent to sue, but of course I would prefer for a more seasoned member (hint Lady Scarlett) to chime in. Do you have any info from the debt he claims is valid? I would force his hand, which means you may have to sue him. I'd also reiterate the following.

Remember his corp is inactive since 9/07 he has no license to collect debt in your state (remember you verified this) nor in the state of Florida under the company that he lists this debt under. I think he's violating tons of laws here he needs to know you mean business. I think it's time to play hardball. I know there is a letter for this, but again I think Lady Scarlett WILL know better than me. I also think it's time to seek an attorney, he seems adamant about keeping this on your report.
Message 5 of 17
Anonymous
Not applicable

Re: Proper Response To DV? Please Help

IMO - no!
 
 There is no 'accounting' let alone the other stuff - signed contract aside - how is the amount being determined?  He could claim the full face value of the contract w/o an accounting from the OC.
 
Since he responded - file complaints with both state AGs and the FTC, the FL Corporations Counsel (or whoever handles their incorporations), FL Dept of Revenue, the BBB, the FTC., FL Consumer Protection, IL consumer Protection, FL & IL CA regulating agency - and those are off the top of my head.
 
NOW -- do all of them within a 2 day period (same letter to each basically, just change the name/address) - have everyone coming at him all at the same time.


Message Edited by Lady_Scarlet on 02-11-2008 10:20 PM
Message 6 of 17
braznyc
Frequent Contributor

Re: Proper Response To DV? Please Help

Lady Scarlett do you think it's time to sue? I don't know if you remember but this is the same JDB I questioned about the 2nd DV letter, he hasn't reponded to my DV letter (any of them yet) but now the account he listed is off my CR. So I'm assuming that's his answer, which is still scary considering he can re-enter it at any time.

Again his corp is inactive, and he's not licensed in the state his business is in, NY or IL to collect on debts. In fact I called the financial section in his state he's not even listed with them. The only info you find on this company is from the corporations division, and again lists as inactive as of 9/07.
Message 7 of 17
Anonymous
Not applicable

Re: Proper Response To DV? Please Help

I am calling my bank tomorrow to have them pull up my statements from 4/1998 to about 1/1999 because my husband assures me the debt defaulted in 1998 because that is when he lost his job. Also noticed from the papers he sent that this was a secured loan and he is reporting it as unsecured. It even lists the items used to secure the loan. I called Citifinancial and they assure me there is no loan list under the account number on the contract or either ss #'s or names. Im raking my brain trying to figure out how to prove hes reaging ( He's reporting DoFD as 3/30/2005) I filed complaints with FTC, FL  AG, IL  AG, IL professional regulations, and 2 or 3 other FL agencies because he is not licensed. Just waiting now to have the lawyer in Chicago to call me back. I swear this guy is making my migraines develop migraines. Smiley Sad


Message Edited by litchloath1 on 02-11-2008 09:37 PM
Message 8 of 17
Anonymous
Not applicable

Re: Proper Response To DV? Please Help

The question with that is: who do you serve?  His corp is inactive - therefore his registed agent is probably no good.  If you can't get service, you can't get a judgement, you can't get $$$$.
 
Let the AGs and others do their job --- I would lay odds that some of the violations (that we aren't even aware of) carry criminal penalities.  Just imagine him on the insdie looking out through the bars... and wishing he had never placed the TL on YOUR report.
Message 9 of 17
braznyc
Frequent Contributor

Re: Proper Response To DV? Please Help

Well, that's the thing he won't show you the DOFD, that's why he only sent you a copy of the original loan. Also did Citi buyout the orignal lenders like they did mines? I'm just curious. I would also seek records from 2005, there is absolutely no way he can prove your first DOFD was in 3/2005. I told you he had mines as in 12/2005. I think we may have the same lender too lol. What a trippy event this is. Does your husband remember when he got the loan? If he went delq in 1998 then that means he must have gotten the loan before that, which is WAY past anything if you ask me. For example he listed the original loan amount, then what I owed which was significantly lower, I simply added the monthly payment amount times the years, got an approx year I would've went Delq and then my dad came with his proof of a settlement payment. When I made the mistake of calling him I told him of all the proof I had, that's when he started saying he'd look in the archives etc. I must say he wasn't a rude man, just shady.
Message 10 of 17
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