NO DV received

I'd send another if i were u but just to let u in on my story... I sent CACH 4 total DV letters and never recieved anything back from them. They still sued me and won by default. So although it IS important to try and get ur debt validated it's not a sure fire thing, of course i did not respond to the summons, which was stupid of me, and i guess i cuda used that as defense had i answered it!
Good Luck but send another DV letter,
Ang

I was really hoping they did own this debit so I could clear the records.
Ang
Did CACH 4 post anything on your CR ?

Yes they were and still are posting on my credit but crazy as it may seem it hasn't really affected my credit all that much. Not sure why.... confuses the hell outta me! I was able to get a credit card with decent interest rate although only 1000 credit limit, a loan from Dell and also a loan thru Sallie Mae to settle this debt... so i haven't noticed any really bad ramifications from this.
Good Luck,
Ang

Ang, isn't it in state statutes under the fdcpa that if a collection agency cannot validate then they must cease any and all collection activities? I'm certain that this is accurate. So how could they sue you? You may actually be able to get the judgement overturned with this.

Correction, I mean federal, not state. But states uphold that as well since it is federal law.

I have had 3 separate NACA atty's look at my case file and NONE of them could come up with anything except to pay them off...
And CACH NEVER validated my acct.
Ang

Is that because you did not respond to the summons?

Yes, I had a few defenses but at the time knew nothing of this site or "my" rights so i just naively ignored the summons. BIG MISTAKE!
Ang

That's what I like about this site.....plenty of people that have made the same mistakes I have

I did not get a good night sleep last night. The post office left a card stating that there is a Certified Large envelope that I have to sign for. It????????s from LTD and I bet it????????s my long lost DV. I????????m very nerves about starting the negotiation part of this settlement. If you have any advice please share with me. I will check in later and let you know what????????s in the envelope.
If only Risk Management/Miracle management group had taken care of this instead of running off with my money. It should have been settled in 2005 I????????m scared and mad.
:roll: :evil:

Just take a few deep breaths. Just remember you are in control. If they send you proper validation, then just make sure that either the amount on the documents matches what the CA is collecting, or that they charged the proper interest rate according to the contract you signed.

Then go ahead and fire off either a settlement offer or a payment arrangement, start with something below what you can comfortably afford, that way you have some haggle room. Make sure they sign whatever is agreed upon!

Keep in mind, the CA must also provide you proof that they are removing themselves from your credit report if they cannot validate! This could also be what is in the envelope. :)

Can't believe I forgot that one -very- important part!

Yes, also make sure that there is a statement basically saying they will remove the account from the CRAs once paid off. Otherwise, what is the point in paying it off if it won't help you at all?

OK
When I sent my request for DV to LTD Financial Services, L.P in Aug. I requested 3 things:
1.The agreement, which authorizes the creditor to collect debt on the alleged debt.
2 The signed agreement from the debtor conforming to pay the creditor
3. The documents regarding the payments made on this account validating the amount
What I received was a copy of a letter from Risk Management Partners to Peoples bank (along with the stupid POA I gave risk) and some copies of my account statements with Peoples. I believe they have only covered item 3 of my request.
Do I ask them again for items 1 &2? Peoples bank no longer exists so I don????????t know how they can get these items. They also did not make another offer and they have never posted anything on my CR ???????even though the told me they????????ve owned the debit since 2005

Do the statements have the same balance the CA is trying to collect?

If they try to take you to court over this the statements may be all they need, from what I hear how much a judge would consider proper validation varies. Though you may be able to get them on the not proving the proper paperwork stating their legal right to collect on it.

If they are trying to collect more then what the statements say, you can question that and that is where demand for the signed agreement can come in, forcing them to prove the interest they tacked on or whatever.

Thank you for you advice Golden. I believe the statements are very close to the offer they made me a while back.Hope to negotiate that once I sure the own the debit, but I'm not at that point yet.
I am looking for advice on if I should send them another DV letter asking for the remaining open items
Can someone please help me?

It can't hurt to send another DV, and it actually helps you if they do take you to court, you can show the judge that you were requesting this info multiple times as you were not going to just up and pay some unknown who contacts you out of the blue.

There has been no talk of court or judgements

I know, I'm just saying if they did decide to try and take you to court is all. :D

CAs can try at any time to take you to court, they try to get default judgements so they can force you to pay.

Which peoples bank is this? I remember banking with peoples bank way way back in the 1970s in NJ, I think they were bought in the early 80s by corestate bank which after several rounds is now wachovia. If this is same, you're way out of the SOL

This was in Ct and they were around up until the early 2000's

Oh, sorry. The name is so common, I would have laughed if this was the same peoples bank that got bought out. Those people had a reputation of screwing up the escrow on the mortgage.

They were bought out as well....it could be that they were once one bank