What to do about improper debt validation?
Date: Sat, 07/25/2009 - 17:48
I got a collection letter from cbcs about an old debt, I sent out a DV/C&D letter and got a letter back saying they stopped collection and sent the debt back to the creditor they got it from. (Resurgent Capital Services) Today I get a letter from RCS That says LVNV Funding (not licensed in my state) is the current creditor and that Triad is the previous creditor (I have never done business with either company) The letter states they will no longer contact me and to please see the original validation of debt that verifies this debt. which consists of:
Validation of debt
July 23, 2009
My Name
Account # XXXXXXX for MY NAME acquired from Triad is now owned by LVNV Funding LLC. (Again Not registered to do business in My state)
At the time the account was acquired from Triad, Triad advised that the balance owing was $XXX.XX Since that time, additional interest, fees, payments, credits, and offsets, if applicable, have been allowed, for a current balance of $XXX.XX
Validation of debt
July 23, 2009
My Name
Account # XXXXXXX for MY NAME acquired from Triad is now owned by LVNV Funding LLC. (Again Not registered to do business in My state)
At the time the account was acquired from Triad, Triad advised that the balance owing was $XXX.XX Since that time, additional interest, fees, payments, credits, and offsets, if applicable, have been allowed, for a current balance of $XXX.XX
Triad services and manages sub prime loans for finance companies
Triad services and manages sub prime loans for finance companies, auto dealers, credit unions, investors and other third-party servicers. Did you have a car loan go bad or a repo??
If you are sure it's not your debt, send them a Cease & Desist l
If you are sure it's not your debt, send them a Cease & Desist letter. If they decide to sue, you can file a Motion for Discovery and they will have to *prove* it's your debt. Unfortunately, the DV has no teeth due to the unclear definition of what constitutes proper DV in the FDCPA.
Well the letter they sent me said they wouldnt contact me again.
Well the letter they sent me said they wouldnt contact me again. Should I send a DV to them too?