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 Posted: Fri Jul 25, 2008 11:46 am Subject: Oliphant Financial |
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They bought the Debt from NCO .. I sent them a request for
Validation. Oliphant sent me back a copy of my last statement with the creditor. Which is not Validation .
Well today I get a letter from Hull And Associates a law firm in Houston.They are attempting to collect the debt for Oliphant
who are a debt junk buyer ... Please need advice ...
Thanks
I do live in Texas The DFW area
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greatdaymichelle
Joined: 18 Jan 2008
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| Posted: Fri Jul 25, 2008 12:11 pm Subject: |
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LOL you have to laugh at the name ... can you imagine if they were a couple of Lord of the Rings fanatics setting up the business in their mom's basement?
sorryy for the thread interruption, hopefully someone will be along soon to help you out with some advice!
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smo65d11
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| Posted: Fri Jul 25, 2008 12:40 pm Subject: |
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Yes the name is funny.. That's okay I need a laugh today
If only they were in their Mom's Basement ....
I have been reading this site and to me this is a "First "
a Junk buyer having a law office collect the debt ...
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greatdaymichelle
Joined: 18 Jan 2008
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| Posted: Fri Jul 25, 2008 12:49 pm Subject: reply |
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i would send the same DV and C&D letters to this person.who
knows,it could be just a collection clown playing lawyer.if not
they still are collecting and have to follow the FDCPA just like
every collector.
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paulmergel
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| Posted: Fri Jul 25, 2008 1:04 pm Subject: |
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Thanks.Will send the DV and C&D ...
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greatdaymichelle
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nascardevil
Joined: 20 Jun 2008
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| Posted: Fri Jul 25, 2008 2:57 pm Subject: |
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Well they did send me a copy of a statement .. Thanks for the information I will include that in my letter .. You are right what Bud Hibbs has on his site about Hull is very informative.
I did not know that a statement was all that they had to provide as proof .. I have no idea what Discovery is ?
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greatdaymichelle
Joined: 18 Jan 2008
Posts: 23
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| Posted: Fri Jul 25, 2008 4:51 pm Subject: |
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Process for fact finding, requests for documentation during litigation. As far as validation goes, I ran across the best interpretation of Sec 809 that I have seen yet:
| Quote: | The law is a bit confusing, it states:
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.
There are actually two parts. If you rearrange the sections, it becomes a bit more clear;
1) 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 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 is mailed to the consumer by the debt collector.
2) or...if the consumer requests the name and address of the original creditor, 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.
In other words, if the consumer only request the name and address of the original creditor, then that's all the collector must send. However, if the consumer request verification, the debt collector is required to confirm with the original creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it. |
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Texas Residents
All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp
When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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nascardevil
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| Posted: Fri Jul 25, 2008 7:38 pm Subject: |
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Thanks for the information that helps me,in how I will word the letter to them . There is not a lot of feedback out there in regards to anyone having delt with Oliphant .. But there is about Hull.
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greatdaymichelle
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| Posted: Sat Jul 26, 2008 4:23 am Subject: |
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on the paperwork oliphant had sent me the account type was listed as Merchandise ..Does any one know what that means ?
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nascardevil
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| Posted: Sat Jul 26, 2008 6:39 am Subject: |
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No it was a personal siganture loan only it was over the phone they called me at the time to offer the loan ..through citi bank it was called a lockbox loan .. so are they trying to deceive ?? The statement they sent me from Citibank says
personal loan on the statement... That was their proof I Owned the debt according to them ...
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| Posted: Sat Jul 26, 2008 6:45 am Subject: |
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Sorry about that forgot sign in ...
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greatdaymichelle
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| Posted: Sat Jul 26, 2008 6:46 am Subject: |
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Oh forogt to add I never signed paperwork for this loan again it was over the phone .. this was 2005
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greatdaymichelle
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nascardevil
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| Posted: Sat Jul 26, 2008 6:58 am Subject: reply |
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i agree with nascar,CA'S can and have sent false statements
and.or contracts,affidavits.among other documents.
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paulmergel
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