I sent a DV letter to a CA, Creditors interchange. the letter i got back from them today says RE : sherman acquisitions ref ### acct ### original creditor ( if applicable ) bank of america My name creditors interchange is in receipt of your recent dispute on the above mentioned account. please be advised that we have notified our client regarding your concerns and have consequently returned the account back to them for closure. if you should have any questions relative to this account, please contact the above mentioned client. this is an attempt to collect a debt ect ect ect. new york city department of consumer affairs license number 1168153 so whos who here, am i going to get a DV letter from creditors interchange or sherman? creditors recived the certified DV letter on MARCH 10 2005 so does the 30 days still apply? creditors is the one asking for the money. sherman has never ask for money. or do i wait for a letter from sherman.
Seems like Creditor's Interchange was assigned the debt from Sherman. Chances are Sherman now owns the original BoA debt. Wait to hear from Sherman, (or another assigned CA) and send them the Validation Letter as well. In the mean time, monitor your CR's to make sure no one is violating the FDCPA by continuing collection activity prior to providing validation
i just check one of my credit reports and sherman is on there with the bank of america account. it says date opened 02/2005 the CA creditors interchange sent me the letter on feb 25 2005. so what does that mean??
looks like BofA sold the debt to sherman in 2/2005, and they assigned it to CI for collection. CI returned the debt to sherman as a result of your validation letter. I would send a validation letter to sherman concerning their TL how old is the debt to BoA? Is it yours? is it wintin the SOL?
yes the account is mine. date opened 08/2003 date closed 01/2005 , date paid 05/2004. is sherman alowed to put that on my credit report with out validation first. it hasnt been 30 days since i got the letter from the CA
Re: Re: DV Letter are you sure you never received anything from sherman since 5/2004? did they call perhaps? did you ever receive the "mini-miranda" - 'this is an attempt to collect a debt, etc.' from sherman? you need to send the Validation letter to Sherman
Re: Re: DV Letter the only communication i have recived from a CA about my BOFA account is from creditors interchange. the date on the letter is 02-25-05
Re: Re: DV Letter Is 05/2004 the date the last payment was last made on the account, or the date the account was paid off? To whom was it paid?
Re: Re: Re: DV Letter send a letter to sherman stating that during a routine review of your CR you found an entry from their company. You do not recall receiving any communication from them in the past, and don't know what it is about, therefore they will need to validate their entry or remove it from your report...incorporate the VL letter wording you used for CI into the letter to sherman, and send by cerified mail
Re: Re: DV Letter im not sure, it says on my credit report with bofa ,balance $0 date updated 02/2005, high balance $1,885 credit limit $2000. past due$0 pay status charged off. date opened 08/2003 date closed1/2005, date paid05/2004 sherman acquisitions on my credit report says. balance$2,701. date updated 03/2005. high balance $2701. collateral 12 bank of america. past due$2,701 pay status collection account. date opened 02/2005
Re: Re: DV Letter The BofA and Sherman tradelines are consistent with a BofA account that was charged off, and then sold to Sherman. On sale, the OC now shows the balance as $0, as they should. The purchaser shows the (presumed) current balance owing. What do your own records show regarding payments on this account, or is this not your account?
Re: Re: DV Letter yes the account is mine.as far as payments on the account balance it looks about right. so a CA can report that on a credit report before a DV letter is sent to me
Re: Re: Re: DV Letter According to the FDCPA, you are supposed to be notified that a CA is attempting to collect a debt, and give you 30 days to dispute the charges before they are assumed to be valid. If you have never received anything in the past from Sherman, or a phone call from Sherman, then it appears that they have violated this portion of the FDCPA: "§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; ( 2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (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; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
Re: Re: Re: DV Letter Wow" i very much appreciate you talking to me. im not sure i understand all that legal talk in your last post. so you think i should send a DV letter to sherman even when they havnt sent a collection letter to me. and ask them to remove the credit report from them untill the dept has been validated?
Re: Re: Re: DV Letter They have not sent you a collection letter, yet their TL is on your report! Yes, send them the validation letter found elsewhere on this site...by certified mail. Don't change any of the wording when you receive the green card back from them, dispute the TL on your CR's If Sherman verifies the info with the CRA before validating to you, you can sue them for FDCPA violations..This gives you some "leverage" in dealings with them
Re: Re: Re: Re: DV Letter this is basically the portion of the FDCPA that everyone refers to as the "mini-miranda" It basically spells out your rights after you have been contacted by a CA
Re: Re: Re: Re: DV Letter how the hell did it go from 1885 to 2701...chances are sherman will not validate...this is why there is a such thing as validation.....
Re: Re: Re: Re: DV Letter can i sue sherman for puting that on my TL with TU? Take sherman to court and maybe get a settelment of deletion of the dept?
