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sugahplm · Posted: Fri Mar 21, 2008 2:37 pm Subject: debt val letter question

i have been using the dv template that jcemt provides and it has been helpful.

but i got a letter today from an attorneys office in texas that says they are representing elite recovery systems for an old cap1 acct-$1251-of course that has ballooned up with fees from everyone, etc. as the original credit limit was only $300! sol won't be until 11/08. i refuse to pay this (please don't worry about my credit right now as its shot for a while but will not pay these bottom feeders this excess!)

now as i was typing out the template for use in this case i had a few thoughts/questions, especially dealing with an attorneys office (linebarger goggan blair & sampson) so i want everything to be just right and make sure what i can request and expect to get for validation. and "win" in these kinds of situations.

the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 mentioned in the template basically says i can request the original creditors name and address only right? thats all?

its confusing to me and they have definitely written to protect lawyers and bankers it seems. it says ..."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."

what constitutes their requirements for validation of the debt? they have provided me with the original creditors name but only the firms address in texas and they don't even provide elite recoverys addy or cap1's. but anyone can get that.

any suggestions? i am not admitting the debt to them.
thanks

Posted: Fri Mar 21, 2008 4:02 pm Subject:

No, it states that you are entitled to that information (creditors name and address) upon request. The additional information requested within the template is also allowed per fdcpa.

sugahplm · Posted: Fri Mar 21, 2008 4:42 pm Subject: debt val letter question

thanks and sorry if i did not make myself clear. i understood that you are entitled to the name and addy of the oc, which i stated they basically have provided so that point is moot.

but since i am dealing with attorneys i wanted to make sure that i could request the rest of the validation points in your letter and they couldn't just "laugh" at me and dismiss all that i am requesting per your template.

are you saying if i request any info that is in your dv about the debt, then they HAVE to supply it as part of the validation process and if they don't within the 30 days of receipt then they have not followed the law?

sugahplm · Posted: Sat Mar 22, 2008 10:31 am Subject: debt val letter question

does anyone know what i can legally request and what they MUST validate by law? i am afraid if it is not required by law or if they do not have to legally answer my requests other than the name and address of the oc then they will ignore me and do worse. remember this is an attorneys office.
thanks

Moongypsy · Posted: Sat Mar 22, 2008 3:19 pm Subject: (To Sugahplm)

Hi Sugahplm, I'm in a similar situation with Blatt Hasenmiller Leibsker. I have asked a similar question before and been told that it does not stop them taking further legal action you. Apparently, many of these collection attorneys may well violate fdcpa and still try to file suit.

I must make that decision in a few days, before my 30 days to respond has passed--though I understand you can send your DV letter even past that 30 day point.

Best wishes to you...I will keep you posted here on my situation.

Posted: Sat Mar 22, 2008 4:29 pm Subject:

If they violate fdcpa and file suit anyway, you can ask for validation in discovery. If they cannot produce it, you can ask that the case be thrown out. You can also take legal action against them for their violation.

Posted: Sat Mar 22, 2008 9:06 pm Subject:

Unclewulf is correct, however if they do not validate it (with certain state statute exceptions) they just cannot proceed with collection activity, otherwise they can choose not to validate and just do nothing with the account.

sugahplm · Posted: Sun Mar 23, 2008 9:49 am Subject: debt val letter question

thanks all
but still haven't got an answer to my question and am trying to decide if i have not asked it properly so i will try again.
i am using jcemts template do they HAVE to and are required by law to provide all the things that are asked for in the letter in order to lawfully validate the debt or is all they have to do is supply the oc and the address of the oc? they have already supplied the oc's name.
so what i am saying is if all they have to do is validate the name and address of oc then this sending the dv is useless?
i am not sure what they are required to validate by law.
thanks

Posted: Sun Mar 23, 2008 10:00 am Subject:

They have to provide more than just the OC's name here. Things like a copy of the original instrument establishing your [supposed] liability for the debt [and bearing your signature!], a complete payment history for the account, a breakdown of the charges on the account, and such are basic. Without those things, it cannot even be established that the account is yours, or that the amount is accurate. Proof of ownership or assignment of the debt by the firm that's dunning you is also basic. Otherwise, how do you even know you're paying the right person? Do you see where we're going with this?

sugahplm · Posted: Sun Mar 23, 2008 10:49 am Subject: debt val letter question

thanks uncle and yes i definitely see where we're going and glad we are as this was the answer i was hoping for. i just wanted to make sure since dealing directly with a lawyer that i was actually requesting things that would make it hard for them to proceed further, even tho they might, and i was doing it legally in case they did proceed.
i have adjusted the letter for my particular needs but have kept basically the same but have not of course admitted the debt to them or even hinted that it might even be mine.
so now i can print out my letter and get this mess going. i already have one default judgment against me from palisades which i was not even served but can't do anythingabout it now. don't have the funds to even begin. so i am stuck till i die with that one unless i win the lottery. Rolling Eyes

Posted: Sun Mar 23, 2008 11:29 am Subject:

sugahplm · Posted: Sun Mar 23, 2008 12:41 pm Subject: debt val letter question

heres my very first post (notice date please) so i hope this link is ok since it is within this community...
debtconsolidationcare.com/collection-agencies/received-judgement.html

i've posted quite a bit so please for even more exciting details Laughing

search my "name".

they said i was served on my birthday no less..got info from court clerk in the afternoon...was home alllll day that day...was a lie.
but i by the time i found out all this info time to "appeal" had passed and had no money to hire lawyer.
couldn't even go the paupers route the court allows to appeal as i could have lost double!
anyway have posted here alot in different threads about different situations regarding this palisades thing.
i think it was goldenblast (if i remember right) that was going to type me up a letter to help but i think they decided against it or maybe didn't think i had a chance, not sure. but all have been appreciated nonetheless.
if you need more info let me know specifics and i can reply.
thanks for your time

sugahplm · Posted: Sun Mar 23, 2008 12:47 pm Subject: debt val letter question

oh i forgot to mention uncle that i have read thru the fdcpa goodies (as noted in my op in this thread) to make sure what i am dealing with and of course don't understand perfectly all of it but have skimmed through.

and i have been in contact with bud and he has emailed me back and even tho i explained the situation and i have no money, he sent me the name of an attorney pretty near my area.

no i did not contact him as i've never heard of a lawyer doing these things pro bono in these kinds of cases. especially since we wouldn't be winning much I($1000 per violation) and he wouldn't be making much.

bud's site has alot of info but you are still pretty much on your own unless you can retain an attorney which he recommends from the ncaa(?) site.

thanks again

Posted: Sun Mar 23, 2008 1:32 pm Subject:

Posted: Sun Mar 23, 2008 2:10 pm Subject:

Posted: Sun Mar 23, 2008 2:27 pm Subject:

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