Help in Dealing with Unifund

If the letter wasn't sent certified, return receipt...you really don't HAVE to answer it. It will NOT go against you, if they pursue suing you.

If you want to dispute it...send a letter to them asking to verify the debt...Date they bought it...Who they bought it from...How much they paid for the debt...A copy of the original canotract, plus anything wlse you can think of, but...do NOT, I repeat, DO NOT give them your full name or soc. sec. number. If they can validate it, then...they already have your soc. sec. number.

Make SURE you send that letter return receipt, certified. That way, they have to sign for it & they can't deny never getting it.

There's nothing in the law that says they have to answer you,
though.

I found a great attorney, and UNIFUND couldn't validate the debt. Most times, they can't.

DON'T PANIC, whatever you DO! That's what they want you to do.

Let us know what goes on. Good luck!

I am really confused and scared and have a couple of questions:
Is the SOL in NY 6yrs?
If I send a letter to validate a debt, and receive a coouple statements, is that debt validations?
I read somewhere that they have to provide the original card holders agreement is this correct?

What constitutes proper debt validation is completely up in the air. The validation you get really depends on your situation and the debt in question. If you get these states and they do not match what you currently owe, then no, that is not adequate validation. Many may say it is. But there is one strong point in your favor...if they were to sue you in a court of law, you could ask for all the documentation (statements, breakdown, signed contract, etc) and they would have to comply. So use that. Send another letter informing them that a couple of random statements is not proper validation and in a court of law it would not be considered enough. You could also point out that it is also not enough to prove they are reporting correctly on your credit report, and if they can't come up with the documentation you can take them to court for reporting false information and they would be forced to pay you instead.

Sometimes it works, especially if your letter is very concise and you quote your various laws and rights. Most of these companies would rather not have to deal with someone in court that knows their rights.

i got the same letter from an attorny representing unifund. i sent the debt validation letter and they sent me a piece of paper back that said "i certified this debt is real" signed by somone from unifund. seriously that was it. i found copies of the same letter online that other people have recieved. that was about 2 years ago and i havent recieved anything else and unifund eventually dropped off my credit report.

Well that paper isn't even worth toilet paper. It would have to be from the original creditor, NOT unifund. The fact it dropped off your credit report means it is also likely past SOL as well. I would send another letter telling them that the 'proof' they sent is not validation, that you would need to see a paper signed by the original creditor.

Wait..is the last time you heard anything from them was two years? If that is so and it isn't on your credit reports anymore, I would just leave it well enough alone.

I am in the process of sending them a dv letter. I plan on asking them for the following:

1. Original copy of the cardholders agreement
2. A copy of all the statements to validate the amount that
is claimed to be owed.
3. The date the debt was bought and from who and from
who and amount it was bought for.

Is there anything I forgot or should include in the letter?

Thanks for all your responses.

I forgot to login

I am in the process of sending them a dv letter. I plan on asking them for the following:

1. Original copy of the cardholders agreement
2. A copy of all the statements to validate the amount that
is claimed to be owed.
3. The date the debt was bought and from who and from
who and amount it was bought for.

Is there anything I forgot or should include in the letter?

Thanks for all your responses.
_________________

Is this letter to harsh?

Date

Your Name Address City, State Zip

Debt Collector???s Name Address City, State Zip Re: Account Number

Dear Debt Collector:

I am writing in response to received from you on . Pursuant to my rights under federal debt collection laws, I am requesting that you provide validation of this debt. Note this is not a refusal to pay, but a request that your offices provide me with evidence that I have a legal obligation to pay you.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General???s office. Civil and criminal claims will be pursued.

Sincerely,

Your Name

add in that you will also file suit against them...then it is good to go.

Careful with this one: Quote:

I have been dealing with MBNA and subsequently CACV of Colorado, LLC since April, 2003. I was first delinquent on the MBNA credit in the month of April, 2003. CACV's attorneys started communicating with us in April, 2004 and arbitration was commenced by them in June, 2004. Nothing happened (I did not respond to their requests for information) until Nov. 10, 2005 when I received a letter from the National Arbitration Forum stating thet "the claimant requested this matter be dismissed", pursuant to Rule 40 of the Code of Procedure. I, of course did nothing further. On Feb. 28, 2006 I was served with a second (NAF) claim which ultimately resulted in an award on Aug. 23, 2006. I gave them no help or information on any of this since the action never happened in the State of Washington where I reside or in my County. Now it is with another attorney firm in Oregon with license to practice in WA and that firm has now served me (7-10-09) with a Notice of Confirmation Award Filing along with a case No. in the local District Court with jurisdiction. There is no hearing date yet or "Note for Motion Docket".

I don't know which way to go now: should I file a Declaration stating my objections and possible denial of "due process" involving arbitration in MN (plaintiff clearly sponsored the venue for their "creditor shell game") knowing it would be financially and physically difficult for me to appear in MN; should I question the large difference between principal at time of default and the award amount, or the rate of interest at 16.99% (WA laws call for 12%) or is there a Statute of Limitations which would require CACV to have arbitration reduced to judgment within 6 years (from date of initial default)?

These are my basic questions, do you have suggestions. I am 73 yrs., derive sole income from social security and modest pension, own a home with close to maximum mortgage + a home equity balance, IRA accounts combined at less than $5,000 and no other assets other than old vehicles and furniture. Perhaps going "default judgment" will save me a lot of time and energy preparing a case which could be lost anyway. Your views??

Rule 40 is about the scheduling of cases.

It has to happen where you are located, so you can file a Motion to Dismiss due to Improper Venue.

An arbitration judgement is still a judgement. Have it overturned. If they file again within proper venue, *show up* this time, at the least you can negotiate for an affordable payment plan.

Thanks everyone for your help!!!! I sent the DV notice by express mail. I'll keep you guys posted on what happens. Hopefully, everything turns out well.

They will just send you a copy of the judgement. You need to have the judgment overturned. That has to be done through the courts. See the Rule 60 link I posted above.

"Wait..is the last time you heard anything from them was two years? If that is so and it isn't on your credit reports anymore, I would just leave it well enough alone."

thats what i figured, and thats what i did. i knew the validation letter they sent me was bogus. i kept waiting to see if they were going to take me to court but i never heard anything. and last time i checked my credit back in feb 09 unifund wasnt on there anymore. i owed the credit card roughly around 800 dollars. then unifund popped up saying i owe them 2500.00. i figured since i havent heard anything from then in the last 2 years they are probably done with it. i mean they would have done somthing by now right?

and amateurphotog1, just want to wish you the best of luck and hopfully you will have a positive out come on the situation.

Try Larry P Smith and Assocociates, worked for me against Unifund

Mont Tatum- Do they practice in NY?

I'm not sure they have a web site, they are in Illinois.

After sending Unifund's attorney a debt validation notice, they responded with a letter and a attached credit card statment with a statement closing date of 7/18/2005. The statement says that I owe $3,864.16 but Unifund is seeking $8,076.23.

My question is:
1. Does this constitute debt validation?
2. If not, how should I respond to this letter?

Tell them you want to see the chain of ownership.

What is a " chain of ownership." Doesn't Unifund need to provide the method on how they compound the interest from a $3,000 debt to $8,000?

Quote:

I just received a summons from the attorney of unifund. I drafted a letter to the attorney requesting the following. Is this a letter good enough to send to him? I have already received a dv notice of just a statment.


I am writing in response to letter received from you on September 1, 2009. Pursuant to my rights under federal debt collection laws, I am requesting the following information listed below. Note this is not a refusal to pay, but a request that your offices provide me with evidence that I have a legal obligation to pay you.
[COLOR=#333333][FONT=Times New Roman]As per the FDCPA, I have the right to request a validation of this debt. I request you to prove that I am indeed the party who is by contract obligated to pay off this debt.[/FONT][/COLOR]
[COLOR=#333333][FONT=Times New Roman]I hope you are aware of the fact that reporting any invalidated information to major credit bureaus may constitute defamation of character, as negative listing on credit report does not allow me to enjoy the benefits of good credit. In addition, you must also be aware that until you validate this debt, you can neither continue collection activities nor report this information on my credit report. I'm sure your legal staff will agree that non-compliance with this request is likely to put your company in serious legal trouble with the Federal Trade Commission (FTC) and other state/federal agencies.[/FONT][/COLOR]
[LEFT][LEFT][COLOR=#333333][FONT=Times New Roman] [/FONT][/COLOR][/LEFT][/LEFT]
[COLOR=#333333][FONT=Times New Roman]Please attach copies of the following documents:[/FONT][/COLOR]
[LIST=1]

I answered the summons in November and today, I received a letter to admit. Can someone explain what that is and how I should answer it?