Account sold while validating?!

Discussion in 'Credit Talk' started by mybizzness, Sep 30, 2003.

  1. mybizzness

    mybizzness Member

    Well here it goes.

    My husband is deployed since may, and we live in germany at this time.
    Shortly after he deployed i received a phonecall
    from an Ocwen Bank.
    Asking me to pay the debt of an account that belongs to my husband.
    I told him that i dont know anything about it and that
    he is deployed at this time.
    And ask them how they got the number sincewe are in germany and have an unlisted number at that.
    Well, they answered that they knew that he is gone and thats why they are calling me( which is true because they left a message on my answer
    machine asking me to call back).
    And that they can get any number in the world if they wanted to.
    First of all how do they know he is deployed?
    This is something thats secret. At least suposed to be...
    And the phonenumber?
    So they want money that i dont know if he even owes it.

    They said that they are not an collection agency but a bank.
    He also stated that they dont own the debt they just collect it for first usa.

    He said that they are willing to settle on this debt .
    or take monthly payments.
    I asked for him to send something in writing to me.
    About the settlement offer, and the release of any further debt collection.
    When it came it did not say anything what we had discussed on the phone( go figure)

    I had also pulled my husbands creditreport and they had no tradeline on it ( even though they said they did.)
    So i had send him a request of validation.on the 25th of august.
    They received it on 8-28-03.
    Now here it goes.
    It is 30 days later, and They have not respondet.
    Today i received a letter from ALEGIS GROUP LP
    telling me this:

    """We have received your recent inquiry regarding this account and are in the process of investigating
    your claim.
    Please allow 2-3 weeks for prossesing.
    Once determination is made, we will contact you
    with the results of our research.""""""""

    Previous creditor :OSI/GULFSTATE original creditor
    Current creditor: SHERMAN ACQUISITION LP

    ( i thought the original creditor is First usa ?
    The ones that the debt accured with?)

    So i have not received any ersponse from OCWEN but 30 days later from ALEGI

    can they just pass it on like that?

    someone help please?
    Iam more than confused

    :( mybizz
  2. jlynn

    jlynn Well-Known Member

    Then it sounds like they are a CA whether they like it or not. Edit - read your whole post - sounds like they just flat out lied.


    Sherman/OSI/Alegis are all one in the same (if I recall correctly). They are scumbags. I may be off the wall here, but isn't there some sort of Soldiers Act for this type of situation??
  3. Melissap1

    Melissap1 Well-Known Member

  4. jam237

    jam237 Well-Known Member

    They didn't exactly LIE...

    Banks can be CA's if they did not originate the debt that they are trying to collect; or if they purchased the debt AFTER the account is in 'default' status.

    The phrasing of the CA definition is important, debts due to another...

    ANYONE could be considered a collection agency under the FDCPA if they contact you regarding a debt allegedly owed to another person; this includes banks.

    It is important that you remember that phrasing, just because they say they are a bank, doesn't mean that they are not a collection agency in accordance with the FDCPA.
  5. mybizzness

    mybizzness Member

    well i got that.
    Now can they just pass on the account
    to another CA?
    Without verifying it?
    I asked for validation and now they passed
    it on to the next one combined with the request
    to validate?
    Now they actually bought more time with this strategy
    now they had the 30 days and think they get an additional 2-3 weeks?
    And they can do that?
  6. pd11604

    pd11604 Well-Known Member

    Re: Re: Account sold while validating?!

    They can keep passing it on to many CA's, you will have to send validation letters to each one.

    What they can't do is continue collection efforts until they validate, but selling your debt to someone else is legal.

    Re-aging your account is not legal, they most probably will try to do this, so you must keep an eye on your CR's
  7. thetruth

    thetruth Member

    Re: Re: Account sold while validating?!

    Yes, it's legal to sell a debt to another, but they have no way of Validating the debt simply because the debtor has no contractual obligation to pay the new collector. Never pay any Debt Collector, because you are not obligated to pay them.
    Send Request for Validation each time the debt changes hands.
  8. jlynn

    jlynn Well-Known Member

    Re: Re: Re: Account sold while validating?!


    Ever read the fine print in a credit card agreement, or an installment loan contract?
  9. ms6073

    ms6073 Well-Known Member

    As a veteran of the armed services, this is just plain wrong!

    I beleive that currently the statutes of the SOLDIERS' AND SAILORS' CIVIL RELIEF ACT are for the most part an absolute defense and imposes both civil and criminal penalties for violation of said statutes by a creditor or collection agency (CA). I also seem to recall that you have a pretty strong, no-cost, consumer advocate avaialable to you in the form of the attorney's and staff at the Staff Judge Advocates Office at the military base where your husband is normally stationed when not deployed. There should also be a family assistance or support agency (possibly part of the Moral, Welfare, and Recreation - MWR) on base that can help and/or advise you on what course of action to take. Consult all of the above and continue to fire of validation letters. Also, although you have a durable power of attorney to act on your husbands behalf - the CA does not and in consideration of such may be in violation of section § 805, Communication in connection with debt collection [15 USC 1692c], of the Fair Debt Collection Practices Act since they discussed the debt with you without your husband's express consent - lawsuit+!

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