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nancye

Ok guys lost my OG tread. I am the person that was dealing with Cavalry, and there attorneys Ewing and Ewing . for a GMAC loan on a car. this is what i sent them of what i need proof on.

What do I need you to provide as the debt validation is as follows:

1. Explain and show me how you calculated what you say I owe. Did not get this

2. Provide me with copies of any papers that show I agreed to pay what you say I owe. I got the contarct is this the same thing

3.Identify the original creditor. yes
4. Prove the Statute of Limitations has not expired on this account. did not get

5. Show me that you are licensed to collect in my state. did not get

6. Provide me with your license numbers and Registered Agent. did not get

7. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law. did not get

8. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.. did not get just got the collection account summary from Gmac not Them (cavlary)

9. Front and back copy of the original Purchase Money Security Agreement (My contract with the original creditor establishing the debt between us.) This is also basic contract law. i did get

10. The voluntary Repossession bill. yes i got

11. Notice of Intent to sell the vehicle and proof of delivery, a copy of the Auction Proceeds check and the original deficiency Balance demand letter. i got this also

Ok so what do I do now??? I know the debt is mine I do want to pay but I am the one who is scared as they shot me down before when i told them what I could afford.

another question when does the SOL start I live in AZ??? I read from the day I first defaulted / to me it looks like July of 04 i did not make a pyment but then in aug I did wich would have been July's payment and SEpt , Oct, Nov,of 2004 I made partial payments not my regular payment. and did not make any payments after that.

Posted: Fri Jun 20, 2008 8:44 am Subject: reply

actually,the top eight or nine items are the ones they need to provide.looks like they didn't,therefore this isn't proper validation.
re-send the DV letter just like before.CMRRR,don't let this CA buffalo you.they validated nothing.

Posted: Fri Jun 20, 2008 11:38 am Subject:

Actually items 1,4,5,6,7,8 they do not need to provide per FDCPA. You can ask but generally the only way you'll get that much is in the Discovery phase of litigation.

Reposessions are covered under the UCC and have a 4 year SOL from when the deficiency balance occurs. When was the vehicle sold? Were you notified of the deficiency balance at that time?

Posted: Fri Jun 20, 2008 11:52 am Subject: reply

sorry nascar,but in the case of validation they must provide those things.if this CA decides to litigate,the OP has the validation process and the discovery process to do that.i maintain my stance that this CA validated nothing.

Posted: Fri Jun 20, 2008 12:00 pm Subject:

Please cite your source for this enhancement of the FDCPA you are talking about.

Sec 809(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains 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.

nancye · Posted: Fri Jun 20, 2008 1:08 pm Subject:

the car was sols april 13th .. and yes I was notified.

Please some one help on the valadation part was it validated or not ??????

nancye · Posted: Fri Jun 20, 2008 1:09 pm Subject:

sorry april 13th of 2005

Posted: Fri Jun 20, 2008 1:27 pm Subject: reply

did they provide i license#?,did they provide how
they came to that amount?did they provide anything from the original creditor besides the name?if they didn't provide even these things,then no they didn't validate anything.

nancye · Posted: Fri Jun 20, 2008 1:55 pm Subject:

did not get a license #
all I got was a copy of the retail installment sale contract, notice of our plan to sell property letter, copy of a how we calculated your surplus or deficiency , wich is 2 thousand dollars lees than what the Ca put on the first letter they sent me . and a collection account summary and all this is from GMAC nothing from them .

I just don't want it to got to court. That is my biggest fear .

Posted: Fri Jun 20, 2008 2:06 pm Subject: reply

you talked to gmac right?

nancye · Posted: Fri Jun 20, 2008 2:56 pm Subject:

Have not talked to Gmac since 2004, The sold the account to some one. I offered what I could pay and they turned me down. never heard from them now a month ago i get the letter from Clavary and ewing and ewing saying they are trying to collect a debt.

Guest · Posted: Sat Jun 21, 2008 3:23 am Subject:

GMAC is out of the picture now so you're going to have to deal with Cavalry on this. Regardless of what the previous poster stated, I would say that they have validated the debt. You've received more than required by the FDCPA. Based on the date provided you are still w/in SOL for a repo so you may still be sued. Cavalry generally will settle but will still poison your CR's for the max 7 yrs + 180 days. It's up to you now as to whether you wish to settle with them or try and hold them off until April of 09 when SOL expires.

nancye · Posted: Mon Jun 23, 2008 8:13 am Subject:

anyone any more info. ???????

Posted: Mon Jun 23, 2008 8:29 am Subject: reply

re-send the DV letter.a letterhead bill is not
validation.also you keep saying they cannot provide a license#.if and that is a BIG if they take you to court.request validation right there,just show what cavalry sent you and demand further validation than that.cavalry is a debt buyer.they have no right to collect and neither does ewing and ewing.make them prove they have the right.

Posted: Tue Jun 24, 2008 4:25 am Subject:

I would send a dv again requesting a breakdown of costs disclosing balance,interest,& fees. The contract & other documents you have in your possession more than prove ownership of debt. The cost breakdown is the one thing I would insist on to complete validation process.

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NEED HELP GOT SOME VERIFICATION BACK FROM CA help - Cavalry

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