It's not a problem as long as she didn't say that she already executed one. It's okay to say "There is no validity to this alleged debt. I have already spoken with OC and am awaiting an affidavit to sign attesting to the fact that this product was never received."
She said what you told me just like this : I am disputing the alleged debt referenced above. Please validate this alleged debt in accordance with 15USC 1692g. The product for the alleged debt in question was never received by me. Steps have already been taken, including the execution of an affidavit for non receipt of product to evidence this fact. Is it going to be a problem, and I hope she get that letter soon? Thanks
Probably not. But I'd be on the phone again with the OC asking where it is. She hasn't executed the affidavit yet of course if she hasn't even received it.
I just want to know if EliminateIDTheft do monitor any changes on you credit report and send you alert to your email ? The reason I am asking it because I had some changes on my reort,but I never got any alerts. Thanks
LOL -- sounds like equifax. They ticked me off a time or two when the alert system never 'alerted' me to changes I had to discover on my own. Their response? ....there was a problem with the system, but we fixed it now. Yeah. Right. I'm still with them though, probably because of the low price they roped me in on.
Hello, Well she did calle them back and asked them how come I have not received the affidivat yet.They told her that the supervisor she talked to last time she put notes on the computer, but she did not mail the letter. Now they told her she has to wait again 4-6 weeks. Thanks
Wow, that's too bad. Sounds like they didn't take her too seriously. As long as she got the DVL out to the CA she should be fine though. When the CA contacts the OC for verification, the account should (hopefully) be flagged and in turn the CA wouldn't be able to validate.
: Well she got the respond from the CA with a letter and some other papers shown what she odered she did not know if those paper the just print out or is it something from OC any way it showing her name and the amount, but her is the deal it showing some address wher the send the package that she never live there in her life.Well that means she never got the package so I don't know why they want her to pay for something that she never got. Now the collection asking her to respont with document that support her claim, and the send her other form INACCURACY/DISPUTE FORM tha they want her to chose one of the awnser and she chose the awnser that says she never lived at the address on record, but she dose not know if she should send it back she scare that they trying to trick her or something and asking her to sign too. Thanks What you think please? The problem that she still waiting on that affidaavit.
That's not validating the debt. Section 809 of the FDCPA says: (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; How is a copy of a bill for a product sent to address X when she lives at address Y validation of the debt? I would write back to the CA thanking them for proving that the debt does not in fact belong to her by providing proof that it was shipped to an address that's not hers. If her ultimate goal is just wanting this to go away, she could include a copy of her DL blacking out her picture and DL# but leaving her name and her actual address as proof of residency. Oh, and I wouldn't sign anything with the CA. And when she does do the affidavit, make sure she retains a copy of it for her records.
Thanks so I will let her know. She said when she gets that affidavit she will try to send them copie. It to bad that she dose not have it yet she will send it with respond lette since they asking for documents that support her claim.
Well, she got this letter the address on it : Shipment Recovery Department This what it says: Thank you for recent offort to notify us that you did not receive your Proactive order. Our record indicate,hoever that shipment in question was sent and the shipment was also never returned to us. We intend to investigate in order to determine the cause of this problem. Therefore,please help us conduct the investigation process by signing the affidavit below and mailing it to the shipment recovery department above or fax or email copy. Upon receipt of the signed affidavit below, your account will be credited.Should you receive a bill for this shipment in the interim, please disregard it as it crossed in the mail with this letter. Claims never received affidavit I, the above named individaul, do herby affix my signature in sworn affirmation that the item (s) herein noted proative was not received by me or any other member of my household.My address is correct as noted above and I know of no reasons that shipment to that address would not be deliverd. It is undestood and agreed by the undersigned that, if said item(s) are subsequently delivered to me for any reason, I will immediately contact the Shipment Recovery Depatment to make arrangements for its return. Under penalty of prejury, I herby represent the representations set forth herein are true. Signature----------------- Date--------------------------- Well, what you think those this sound like Affidavit and how about telling her to sign ? She is scare to sign any thing? What you think please ? Thanks
Well, she got this letter the address on it : Shipment Recovery Department This what it says: Thank you for recent offort to notify us that you did not receive your Proactive order. Our record indicate,hoever that shipment in question was sent and the shipment was also never returned to us. We intend to investigate in order to determine the cause of this problem. Therefore,please help us conduct the investigation process by signing the affidavit below and mailing it to the shipment recovery department above or fax or email copy. Upon receipt of the signed affidavit below, your account will be credited.Should you receive a bill for this shipment in the interim, please disregard it as it crossed in the mail with this letter. Claims never received affidavit I, the above named individaul, do herby affix my signature in sworn affirmation that the item (s) herein noted proative was not received by me or any other member of my household.My address is correct as noted above and I know of no reasons that shipment to that address would not be deliverd. It is undestood and agreed by the undersigned that, if said item(s) are subsequently delivered to me for any reason, I will immediately contact the Shipment Recovery Depatment to make arrangements for its return. Under penalty of prejury, I herby represent the representations set forth herein are true. Signature----------------- Date--------------------------- Well, what you think those this sound like Affidavit and how about telling her to sign ? She is scare to sign any thing? What you think please ? Thanks Reply With Quote
She should not be scared. The 'address above', it is her actual address, correct? I thought you said Proactiv told her it was shipped to an address that was not hers? IDK about handwriting something in on an affidavit, (maybe someone who knows for sure can jump in)...but I would write something to the effect of "Proactiv has previously agreed that this shipment was sent to a different address than that one above, which is mine. .....they're saying that the shipment was sent and never returned as undeliverable, and then they are also asking her to validate that the address listed above (which I presume is her actual) is hers. I would think they would have included documentation that the 'actual address above' and the 'ship to address' are indeed different.
Yes they said the shipment went to another address, but like you said they did not mention any thing about that on the letter, or any thing about the other address or was ship to different address. All they saying that : I, the above named individaul, do herby affix my signature in sworn affirmation that the item (s) herein noted proative was not received by me or any other member of my household.My address is correct as noted above and I know of no reasons that shipment to that address would not be deliverd. Yes, the address above on the letter it is her actaul address. So you think she should wright something on it about the ather address,and sign it and return it ? She just worrying about the the signature ? Thanks for the help.
I wouldn't worry about signing it. And yes, I would write something (as it is in fact true) about "On this date Your agent told me this shipment was sent to 'this' address. As evidenced by signing this document, 'this' is not my address and was never received by me."
She could, I suppose. But if the CA is not actively calling her, and not reporting, I wouldn't bother. Chances are Proactiv will just call back the account and everything will drop.
Can you please tell me what this mean. I received a letter from the CA and this what said : You balance is $ 10000 , but if you pay us $2000 by this date 10/15/14 we will close your account and consider it paid. we are giving you 80% discount if you act now. if you accept this offer call us today or send us money order or check or paid with debt card online. A zero balance on your OC account with us. A paid account letter upon request. Please tell what all this mean those sound legit to you and what those mean consider it paid? What those mean account letter upon request? What those mean we will close the account? Please I need some advise a soon it possible. Thanks so much
What it means is that they want to settle the account for $8,000 off... while it may sound like a good deal, you would be hit by the IRS as having received $8,000 in income from them, which means being taxed on an extra $8,000 of income. A letter stating that the account was paid, etc. Sometimes if someone is trying to get a loan, they need a letter from a debtor saying that the account was taken care of. Closing the account is just that, they'll close their account and stop collecting. Keep in mind the federal, state, and local tax ramifications of the extra 'income' from them, because that tax eats into the 'savings'. Here are the things that I would consider before even starting to consider such an offer. (1) age of the account, is the account over the statute of limitations? (The extremely low offer makes me think that it probably is, or is really, really close to it.) (2) the validity of the account and the amount that they are claiming as the balance. (Is that the right amount, or have they tried to add charges that aren't legal to inflate the account, or in some cases, in violation of your states usury laws.) There are probably a whole lot of other things to consider.
Ok, the account was charge off with the OC and showing $0 balance. Pay status: account paid in full ; was a charge off. Remarks : Purchased by another lender. Ending Balance : almost $ 12000 On the collection side they are showing original amount at : $ 15000 Past due : $ 20000 and they also showing the name of the original creditor that I had the loan with on their report. well when the CA take over the account the balance it was less. I think they added about $ 8000 in fees or interest I don't know. witch it is crazy. well about the statute of limitations i don't know if I go by the state I live in or by the state where the head office of the OC ? Someone told you go by the state where they OC Creditor main head office. the loan it was created in one of the office where I live in my state. If I go by my state than the statute of limitations it about 8 years and I stopped making payment in 2009. well, I talked to Credit Consumer and they said that the settlement offer of $ 4000 that they want know it is very good, offer and I should take it, and they well talked to CA for me and request letter back from them. They the letter they send me with offer it those not have the words that they like to see on settlement letter that way he will ask them to send a letter back The Credit Consumer office they said I can just use check to pay them out of my checking account to pay them is that safe you think? I ask them if I want to take the offer and pay can we ask them to remove the account from my credit bureau and I want also to request that I don't want to pay taxes . He said that they CA would not want to do that. Do you think all the fees or interest the added is legit because I don't know how to look or find out if the should be charging all those fees or interest. Do you think I should let the Credit Consumer office handle the settlement offer and use my checking account to pay the settlement? what you think about the statute of limitations question? I really don't want to pay those extra fees or interest? I really don't want to pay taxes on the $ 8000 and how much you think in taxes it going to be 0n it if i even have to pay taxes this year. I know the are ripping me off on all those fees or interest the added, but I don't know what to do about the the Credit Consumer office they they are aloud to add the fees or what ever? Please let me know what you think I should do? know you know more information about this . Sorry I putting the wrong amount on my first thread.
