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WE SUE BANKS · Posted: Thu May 08, 2008 10:20 am

United States District Court
Southern District of Ohio
Western Division

Peggy Miller

-v-

Javitch, Block & Rathbone, et al.

In an affidavit submitted by debt collection insider David Lavine, he admits that "current account sales do not include the original documentation relating to the historical transactions within the account history"

This means that debt purchasers openly admit that they do not posess enough information such that if challenged in court by an attorney or pro se debtor, they find it expedient to "simply withdraw their claim" when debtors argue to dismiss the case for lack of proof of title to the account.

Posted: Thu May 08, 2008 11:20 am

that's so scary - that could have happened to me in the past and i wouldn't know because i used to be so scared i'd just send money asap.

Tabby · Posted: Sat May 10, 2008 11:53 am

Javitch, Block and Rathbone-- "et. al." refers to the scumbag Wolpoff and Abramson/Great Seneca Financial Financial Corp./Platinum Financial Services Corp./First Residential Mortgage Network, Inc. According to Bud Hibbs, they have been sold and now go by the name of "Colonial Credit Corporation".

Anyway, to cut to the chase, this is not the first (nor will it be the LAST) time they have been challenged in court due to filing claims on bogus debts. If you google all the above, you will find that they have been sued MULTIPLE times in Federal and District courts for FDCPA, securities and Truth-in-Lending Law violations.

The FTC should make filing these bogus claims a FELONY, and put these bottom feeders OUT of business.

Posted: Sat May 10, 2008 11:55 am

Amen--but it will never happen if people don't step up and challenge them. Good going!

Posted: Sat May 10, 2008 7:46 pm

HOLY CRUD!! That's ALOT of 'alaises' for a 'company'. I jsut LOVE ( saying this sarcastically...!) the way they say " simply withdrawl,.." Geez...don't they realize, and I'm sure they do, that this probably stressed you out?

Tabby · Posted: Sun May 11, 2008 4:24 am

Right, KS--
The Boston Globe[i] published a series of articles two years ago entitled: "Debtors Hell", which painted a rather disturbing picture of the debt collection industry in this country. I think I may have already spoken about this on another thread, but your statement clearly points to the need for every consumer to educate themselves on the FDCPA laws before they are contacted regarding an "alledged" debt. In Part 4 of The Globe's series entitled:
"National Crisis, Official Silence", they talk about the pressing need for reform of the FDCPA...and why OUR government won't do anything about it:

They generally owe the money, but seldom anticipate the consequences. A Spotlight Team investigation, which concludes today, found a system where debt collectors have a lopsided advantage; where debtors frequently face high-handed treatment; and where excessive fees can swiftly turn a small delinquency into a life-upending fnancial crisis.
Yet, in spite of all this, there is an eerie silence among regulators, policy makers, and legislators. Those who could intervene to right the balance between collectors and consumers are either unaware of the debt collection free-for-all, and the tens of millions of consumers caught up in it. Or they are simply unwilling to act.[/i]

So, since OUR government won't intervene, it's up to us to take care of ourselves.

Posted: Sun May 11, 2008 5:27 am

I'd like to know where you got that letter, and how old is it? I'm dealing with Javitch and his bunch as we speak. Shocked

Posted: Sun May 11, 2008 9:25 am

It's like anything else. If we let these people get away with this, they will. It's up to us not to allow it anymore.

Posted: Mon May 12, 2008 9:16 am

Not so fast, folks. The law doesnt require a debt buyer to get that information when they buy a debt. There is nothing at all illegal with that. Go back and read section 809 of the FDCPA, it states that if you dispute an alleged debt, then they have to stop collecting on it, contact the original creditor, obtain the necessary validation, and send it to you. It does NOT require them to have that documentation already in place before they can start collection efforts. This is why its so important that we all know and use our rights.

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