I have/had a BoA visa that charged off in ~12/01. BoA has been using CA's since then to collect (assignment?). About 3 weeks ago, I received a letter (dated 6/25/04) from Sagres stating "... the right to collect payments from you has been purchased by THE SAGRES COMPANY". The letter appears to include all necessary miranda information. Today, I rec'd a letter from a law firm stating they represent Harvest Credit Management IV B. They also state Harvest "purchased" the account effective 6/22/04. This letter appears to meet all requirements, with the exception of the envelope. You can clearly see through the window the subject line that includes states "RE: Crediter: Harvest...", Account NO., and if you shake the envelope you can see the beginning of the word balance. Both have the OC name (BoA) and the same account number. I assume I need to send a validation letter to Sagres ASAP since I am approaching 30 days and one to the law firm. Should it be the "standard" validation letter since 2 CA's are attempting to collect the same debt from 2 different (new) owners? The current debt is ~$3500. Thanks
Send both companies validation letters. Chances are company #1 quick-flipped the account to company #2, and is still trying to collect from you if they can get away with it.
BTW: if either one, or both attempt to sue for the account, you'll be able to use the over-lap in claims of when each purchased the account to say that there is confusion on who actually is the responsible party for the account. If SARGES sold the account to Harvest, how could they have sold the account to Harvest, 3 days before they personally obtained the account? Hmmmm...
The problem is that in order to see the sensitive information you had to shake the envelope. Yes, its a violation, but once you've opened the envelope, you've 'lost' the evidence that what was inside the envelope was visible through the outside of the envelope.
I only had to shake it to see the balance part. The subject line and account line were very clear. Before opening the envelope, I scanned in copy of the envelope. I kept the envelope, it would be very easy to "re-enact the crime".
You will still be better if you have more than just this one violation. They can easily try to claim that for some unknown reason their paper folder folded the letter to you by a centimeter and resulted in the eroneous display of creditor through the address display window. If this is your only violation with the company, they will probably be able to succeed with the claims of a error. Now on the other hand, if you have a clear pattern of violations, no matter how many errors they claim are bona fide, you will have a greater chance of arguing that for that many errors to occur, it has to be a willful attempt at violating your rights, there can be no other explaination.
SAGRES COMPANY The law firm Harvest Credit Management VL to all 3 of these CRRR. ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* http://www.send4fun.com/telephone.htm >
SAGRES COMPANY The law firm Harvest Credit Management VL to all 3 of these CRRR. ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* http://www.send4fun.com/telephone.htm > Timed out transfer to the DRAT POST
