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need help with collection agent

Date: Fri, 03/07/2008 - 13:59

Submitted by anonymous
on Fri, 03/07/2008 - 13:59

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Total Replies: 8


Has anyone ever heard of legal servicing llc. They claim that Chase Manhattan sold an account of mine to them and when I asked for validation they sent me copies of statements along with a comment that says "refer to 4th Circuit Court of Appeals decision in Chaudhry v. Gallerizzo where the court held that 'verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed.'" The reason I ask is that this is a credit card bill but thousands of dollars were paid to Chase after they charged it off in Nov. 2005 and those thousands have just disappeared as what legal servicing is asking is as if those payments had not been made. Plus I had been hearing from another lawyer the year prior who said they owned the account so how did legal servicing get if from Chase if they had already gotten rid of it? thanks


That little memo they gave you is total and complete cow dookie. For one CAs LOVE to try and use that case, but they always fail to include more of that, in which it states the reason that they can confirm just in writing is because they had already prieviously sent in complete validation including contracts and statements.....so in actuality that case HELPS you if you push it..since it demonstaits that the court says statements plus contract and such are proper validation. Send anopther DV pointing that out, or better then that, get a copy of the whole section of that5 case law and send it too them. Call thier bluff, because that is all it is.


lrhall41

Submitted by goldenbast on Fri, 03/07/2008 - 17:18

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Verification and validation are two completely different things. What you need to request for is validation not verification.

The fact that they do have copies of statements would give me the impression that they can validate. In the event that they do validate it properly you may want to find a way to budget in paying this debt back. Any previous payments that you made you will need to provide proof for.


lrhall41

Submitted by FYI on Fri, 03/07/2008 - 17:52

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It has always been my intention to pay I just was curious how they came up with a figure that is 5000 higher than it was in May of 2007 when another collection agent had the account. What the other ca had was really what it should be and i have the money to pay that but don't want to pay 5000 more than i have to. i didn't pay the other ca because they had some bizarre person's name on the account which has no relation to me and when i told them to correct it i thought they would and then send it back to me for payment instead they sold it to legal servicing.


lrhall41

Submitted by on Sat, 03/08/2008 - 10:17

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Quote:

i didn't pay the other ca because they had some bizarre person's name on the account which has no relation to me and when i told them to correct it i thought they would and then send it back to me for payment instead they sold it to legal servicing.


A different name??? If a CA was trying to make me pay for an account with some weird-o name on it I would be highly suspicious! And I agree with you that tacking on an extra $5000 is just plain ridiculous! Definitely send them another letter, include the rest of the section of Chaudhry v. Gallerizzo that they conveniently forgot to add in. Tell them that you also need a signed contract, proof that they now own the account and a complete breakdown of monies owed and that any fees and/or interest are legal. Inform them that any further violations on their part and you will not hesitate to take them to court.


lrhall41

Submitted by goldenbast on Sun, 03/09/2008 - 04:48

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