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collection agencies are starting to call

Date: Mon, 09/19/2011 - 14:54

Submitted by Leee
on Mon, 09/19/2011 - 14:54

Posts: 19 Credits: [Donate]

Total Replies: 10


Hi
I have spent hours reading this forum over the past several weeks. I have closed my checking account, sent out letters to illegal lenders, received 2 rebuttals from them via email and replied with the same letter, (one owes me $400 and the other $225-3rd agreed to let me mail a money order for $22) and now I am getting calls from collection agencies. They do not leave messages but I looked up their numbers and its Enhanced Recovery Corp and NCA.
I'm getting nervous about them- should I go ahead and send letters requesting debt validation before talking to them? I suppose I'm trying to avoid talking to them b/c they're such bullies! I'm sure its either from Ameriloan, Star Cash and/or Kenwood.
I live in Mississippi.


Quote:

Validation of debt will prove that they actually own your debt account.


WRONG AGAIN!! Validation does NOT prove they own it. Validation proves that YOU owe the debt and they have authority to collect it. Remember, collection agencies working 3rd party do NOT own the debt....the debt is only assingned to them


lrhall41

Submitted by SOAPLADY on Mon, 09/19/2011 - 21:15

( Posts: 17315 | Credits: )


Well, as per the FDCPA, the consumer/borrower has the right to ask the collection agency to validate the debt that the collection agency says that he/she owes to them. Debt validation is where you try to find out whether the collection agency (CA) has the legal right to collect on the debt by asking them to provide you with proof. Unless they proof that they own the debt account how will they offer the consumer with a proof? For debt validation please check out the given pages:
"http://www.creditinfocenter.com/rebuild/debt_validation.shtml" - ???Proof that the collection company owns the debt/or has been assigned the debt.???
"http://credit.about.com/od/debtcollection/qt/debtvalidation.htm" - ???After receiving your dispute, the collection agency must send you proof that it owns or has been assigned the debt by the original creditor.???

So, I did not understand what was wrong in the statement that you???ve quoted here. Also, please note that it???s not that the debt is always assigned to the CA. There are times when debt account is sold off by the original creditor to the CA.


lrhall41

Submitted by Anna Sweeting on Tue, 09/20/2011 - 01:03

( Posts: 1827 | Credits: )


Thanks for the advice everyone - One of the collection agencies left 2 messages yesterday evening and I've already missed another call from them. I plan to talk to them today and ask them to send me written validation of the debt(s). Here is my question: These are from illegal payday loans that I have more than paid the principal on- so once the CA validates that the PD lenders are their clients I am not responsible to the collection agency, correct? I send C&D letters to the collection agency, then what?
Also - I would really like to hear some other stories from someone who has been successful in receiving paid in full letters (or even refunds!) from illegal PDL's after going through dealing w/collection agencies, etc.
thanks again everyone- this forum is unbelievably helpful!


lrhall41

Submitted by Leee on Tue, 09/20/2011 - 06:18

( Posts: 19 | Credits: )


a couple of things here.

1)not all illegal pdl's sell the debt right away,but NCA and ERC are bottomfeeders that buy pdl,and other junk debt.
2)a DV should act the same way as a C&D as the CA can't contact further until they can validate.if they can't then they can't continue to contact/collect.

now for anna.nobody per the FDCPA is required to show ownership because of a DV letter.SOAPLADY is right here.showing their legal right to collect,and that the debt is owed to them is not the same thing.

will all of this being said get DV letters to both places as i'm guaranteeing they can't/won't validate.


lrhall41

Submitted by paulmergel on Tue, 09/20/2011 - 06:43

( Posts: 15514 | Credits: )


There are thousands of poorly written DV letters all over the internet....even the one posted here is wrong and I have told you that before Anna. Nowhere in the FDCPA does it require that proof of owner ship/assignment be shown. Ownership/assignment is a contractual agreement that is between the original creditor and assignee....you are not privy to that contract and have no right to receive a copy of it.


lrhall41

Submitted by SOAPLADY on Tue, 09/20/2011 - 06:53

( Posts: 17315 | Credits: )


Hi Soaplady
Please clarify- the sample DV letter on the forum sticky is poorly written? Can you please link to what is a correct DV letter??


lrhall41

Submitted by Leee on Tue, 09/20/2011 - 06:58

( Posts: 19 | Credits: )


Send it in simple clear english...no reason to quote laws.

Dear Scumbags...

I dispute the validity of this debt. Under the FDCPA, I have the right to request a validation of this debt. I request that you prove that I am indeed the party who is contractually obligated to pay off this debt.

Unless you can prove I owe this debt, I will consider this matter closed.

For illegal lenders, cut and paste your state laws.


lrhall41

Submitted by SOAPLADY on Tue, 09/20/2011 - 07:43

( Posts: 17315 | Credits: )