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Collecting again without validating

Date: Wed, 12/09/2009 - 11:38

Submitted by anonymous
on Wed, 12/09/2009 - 11:38

Posts: 202330 Credits: [Donate]

Total Replies: 3


Back in august, I received a collection notice from Fredrick J Hanna regarding a BofA debt. I asked for validation within 30 days and never heard anything back from them until yesterday. Yesterday, they sent me another collection notice for the same amount (plus a little interest), but they changed the account number they have referenced to the debt. Can they do this? Did they just close out the old debt and open a new one for the same amount under a new account # just so they could get around my request to validate?


Is this the same debt? If so, do this:

Write them a very strongly worded DV letter. In it, state that they have ignored your previous DV request. Also state that the current debt is a restatement of the old debt, but with a new account number. Further state that they are now in 1, ?? 807 [15 USC 1692e(2)(a)], in addition to their other violations. Offer to sue the shorts offa them for it, if they'd like.

Now, print them out another copy of the first DV letter, from back in August. Highlight the parts that prove it's the same debt by another account number. Now make a copy of the green card where they signed for the first letter. Enclose these with the letter you just wrote, and send them out CMRRR.

Here's the law, for your own reference:

?? 807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of???
(A) the character, amount, or legal status of any debt;


lrhall41

Submitted by unclewulf on Wed, 12/09/2009 - 17:06

( Posts: 3172 | Credits: )


Once you have accumulated the evidence you need to bring an FDCPA case against Hanna-- your original letter in August (hopefully you have the certified return receipt), and their second letter, you should contact an attorney in your area by going to the website of the National Association of Consumer Advocates, a non-profit-- www.naca.net. Good luck.


lrhall41

Submitted by sarahporiss on Sun, 12/13/2009 - 18:48

( Posts: 49 | Credits: )