what proof do they provide?

You did right. A list of what the CA has is not validation. Read this FTC opinion letter, and see for yourself.

ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Good to know, also the other thing is,there is the name of the plaintiff then the plaintiff's attorney listed on the summons. I am still getting phone calls and letters from a different attorney on the same account. I was told that 2 different attorneys can't collect on the same account. They say they are attorneys and are listed as attorneys but if you call their office, it says they are a debt collector.

What is the attorney's name? What is the name of the firm / collection agency?

Norfolk Financial corp. is the collection agency. The attorney is Forsyth law offices. The other attorney calling and sending letters on the same account is David taylor and associates,LLC also comes up as Concall Communications. The account they are claiming is mine is not on any of my credit reports but Norfolk is. I checked it one day and it said they are the factoring company and it is an open account. The account number is not the same. In January it said date of delinquency was 5/2006 I checked it the other day and now it says 1/1999 so I think what happened is the debt was wiped off my credit report after 7 years and they tried to re-age it but I disputed it with the credit report company in January and the Credit report company updated it to the right date of delinquency.


I also have LVNV funding on my back. other than that I am pretty good.

I just did 2 searches one on lawyers.com and another on bostonlawyers.com and none of them have records for Forsyth law offices P.C. I did find her on linkedin.com and it shows she has only been in business since October of 2006 and she went to school for 4 years at suffolk university law school. No Address is listed. I did find her on the mass bar site and she is a new member by a may 2007 newsletter.

You and half the world, including me, have LVNV troubles. Don't feel like the Lone Ranger here, OK?

Norfolk Financial rings bells, but I'm too tired to hear them clearly. For certain, though, one thing they are not is a factoring company. A factoring company buys receivables in good standing. A debt buyer [Norfolk] buys 'distressed receivables'. In other words, defaulted debt. Hell, their website [norfolkfinancial.com] says they're debt buyers right on the home page.

Search our site on the lawyers' names and such, to see what all turns up. There will be others along to pick up the thread. But for my part, I gotta crash soon. I'll look back in on this later, to see how you're getting along.

Any questions?

I just found about an additional $2k-$6k for you. Listing the account on your credit report as open and listing it as a factoring company are both violations of the Fair Credit Reporting Act, which may be pursued via civil action for $1,000 per violations. There are already two violations on one credit report, I bet they will be on the others. So you have the fdcpa violations of continued collection activity after validation is requested. Then you have possibly 6 FCRA violations, about seven thousand dollars worth.

Nothing like free money, eh?

It depends on what they are suing for. If it is breach of contract, they must have a signed contract. If it is "Account Stated" then a listing of the charges may be sufficient. It depends on the state. Usually, however, the account stated must be agreed to by the debtor, for instance, if they mail you a statement and you don't object.

If they have already sued you, you need to contact a local attorney.

The "validation" they sent me has my name with the account number at the top, address. what they sent as proof is payment made,charge, cash withdrawal, cash withdrawal, payment.it is a whole list with dates and codes but it says nothing about what I purchased. it would be very easy to manufacture something like this.

Re-send a debt validation letter (CMRR) explaining to them that the information that they sent is not in compliance with Federal Law. When you show up in court and they have not produced the LEGALLY mandated proof you can request that the case be dismissed, with prejudice.

Question for JCEMT: I found Portfolio Recovery on my credit report, it stated that the account was "open" and there was apayment of $300.00 made, but no date of payment, and it stated they were a "facoring company". Are these violations of the FCRA? Thanks for any help.

I believe those are violations, it falls under reporting inaccurate information. They are not a factoring company, they are a collection agency. Also it should not be listed as an open account, it should be listed as collection. These make them look like the original creditor as far as credit reporting goes and it hurts your credit score far worse than a regular collection account would.