Re: Re: Re: Re: HELP with MONEY RECOVERY NATIONWIDE kbean...I hope you got my post....they state thing is gold for you here! Let me know if I can help, ok?
Re: Re: Re: Re: HELP with MONEY RECOVERY NATIONWIDE HI! I just wrote you on this at AOC...ok...first, did you confirm all 3 of the requirements with the state of Michigan? Also...what state is the CA located in?
1*They sent her "validation." 2*She never replied that what they sent was unacceptable. 3*Therefore, in their eyes, they have validated and since she has been silent for 30+ days, 4*they consider it to be a valid debt and have proceeded accordingly. I don't think any judge is going to give her $1000. 5* They don't have to report that it's in dispute. It's not. 6*She requested validation, they replied, she did not answer. 7**Cut and dried, they have "validated." 8*True, if she went back and said that wasn't good enough, it would be a different story. But it's like the SOL. If you don't press, they win. Hedwig================ 1*No they did not. 2*She isn't required to be their teacher. 3*She wasn't silent she asked for validation. 4*They do not have the right to restart the 30 day right to assume simply by sending another letter. 5*Yeah it is because of the validation letter. 6*A reply and Validating aren't one and the same. 7*No they haven't because they haven't proved a thing! 8*Where does it say you have to do that in the FDCPA ? >------------>> LB59 >------------>> LB59
if she owes it she should at least pay part of it. jenz ======================= This is about law not morals >------------>> LB59
MONEY RECOVERY NATIONWIDE I have as long as I want to dispute an item, I thought? Actually, if I dig through my records, ***I could very well find that I did respond to their poor excuse for validation... kbean ============= ***Did you respond or not?
since they sent you something, after 30 days of no response they consider they you have implicitly accepted. Hedwig ============ So they are wrong! >------------>> LB59
Okay, I am so confused.... Should I nail them for not responding with approapriate validation and for reporting to equifax after being bumped from experian? I'm just nervous about being sued. Should I call the OC and see if they can pull it back and make payment arrangements with them? I just want it off my report? They are liscensed, bonded verifed under their corp name, i talked to the president and he was very cordial and professional. I tried to make payments a few years ago but they required a 600 dollar good faith payment, and that they couldn't garentee that my 100 dollars would be accepted (which it was) HELP!!
Re: HELP with MONEY RECOVERY NATION lbrown59 clearly doesn't understand the law. You request validation. They have 30 days to reply with validation. They did. Some judges have even ruled printouts to be legal. Therefore, in their eyes, they have validated and may continue to report or try to collect. We may not think this is appropriate validation. But the absence of response here is similar to what we use for "estoppel by silence." Since there is no reply, we assume the action to be valid. But since the poster never challenged this, it would stand until challenged. The CA would show up in court with the printouts and tell the judge that they sent these documents which proved the account belonged to the poster. Now the poster says "But I wanted more." The judge asks "And where is your letter requesting more proof?" "Uh, I never bothered to tell them. I thought they could read my mind." "Well, it looks to me like this is a record of your account. It has your name and information. Since you never said this wasn't you or wasn't yours, you have implicitly agreed." Case dismissed.
Re: HELP with MONEY RECOVERY NATION I'm just nervous about being sued. kbean ============================== Because you are so apprehensive about being sued you were to chicken to continue the validation process. Read the above post by Hedwig: Wither or not Hedwig is correct your fearful mind set and your unfounded fear of a lawsuit is exactly why you are in the fix you're in on this. Like I said before not doing the validation can cause the very suit you fear. >------------>> LB59
MONEY RECOVERY NATION << Subj: Fear of Val. >> For those who are reluctant to demand validation for fear the CA will retaliate with a suit. I would argue that they are precluded from entering their "evidence" since I requested it before they sued and they refused to provide it. They can't withhold their proof then produce it at trial because they could have avoided the entire controversy by providing that evidence in the beginning. I would also claim the suit is just that retaliation against me for exercising my legal rights. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' >>
Re: Re: HELP with MONEY RECOVERY NATIONWIDE << Subj: Fear of Val. >> For those who are reluctant to demand validation for fear the CA will retaliate with a suit. I would argue that they are precluded from entering their "evidence" since I requested it before they sued and they refused to provide it. They can't withhold their proof then produce it at trial because they could have avoided the entire controversy by providing that evidence in the beginning. I would also claim the suit is just that retaliation against me for exercising my legal rights. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' >>
MONEY RECOVERY NATION If you had just requested validation this may work. I still think it's not good going to court right now. Write another letter, state that you would like more information than they provided previously and you would like x,y and z. See what they send. I don't think a judge is going to preclude them entering more information if it was never asked for before now. Ask for it and see what they do. Don't jump into court yet. Request validation and get your ducks in a row first.
MONEY RECOVERY NATION Well, I figure since I asked for validation in april and they gave it in June, that I have the right to kick back... It wasn't any validation, it was something saying: Money Recovery Nation wide my name my account number OC nothing else. I have no proof of any other contact, just the first letter in april i sent w/ green card and their reply two months later. i do not have proof that i requested more (which I may have but can't find... but then I just must not have sent is cmrr) so should I pursue? you guys are giving me great guidelines and theory, but what would you do?
Re: MONEY RECOVERY NATION A* Step one demand validation B* Step Two snnd estoppel C* Step 3 send ITS. I asked for validation in April kbean - This takes care of step one. but what would you do? kbean -Go to step 2 immediately. >------------>> LB59
MONEY RECOVERY NATION I would write a letter (CRRR) and say something like-- I requested proof that this debt is mine. You sent a computer printout (copy attached). After a through search of my records, I can still find no record of this debt in my records. Please provide me with the original documents, bearing my signature, which prove that this debt is mine. If you are unable to provide such proof in 30 days, I will assume that you cannot validate this debt and that it is, in fact, not mine. I expect you to remove all records of this from my credit report when you find that it is not really my debt. Use your own words, but notice I never said "this is not mine." I said "I can find no record" of it being mine. That way you haven't lied, and if they have some proof with your signature, then that's something you couldn't find.
1* Not pursuing this is Probably a good way to get sued. 2*Why are you concerened about being sued when you have them on enough violations to make them eat the debt. >------------>> LB59 Since they're contacting you, you might as well go for the validation. If they weren't after you, I might say let sleeping dogs lie. But since they're contacting you regularly, if they're going to sue, they'll sue anyway. Hedwig ************************* 1*I'm just nervous about being sued. kbean ======================= 1*And you're letting it cloud your better judgment. See what Hedwig and I stated about this above
***lbrown59 clearly doesn't understand the law. 1* You request validation. They have 30 days to reply with validation. 2*They did. Some judges have even ruled printouts to be legal. 3*Therefore, in their eyes, they have validated and may continue to report or try to collect. We may not think this is appropriate validation. But the absence of response here is similar to what we use for "estoppel by silence. 4*Since there is no reply, we assume the action to be valid. 5*But since the poster never challenged this, it would stand until challenged. 6*The CA would show up in court with the printouts and tell the judge that they sent these documents which proved the account belonged to the poster. 7*Now the poster says "But I wanted more." 8*The judge asks "And where is your letter requesting more proof?" 9*Uh, I never bothered to tell them. I thought they could read my mind" 10*"Well, it looks to me like this is a record of your account. It has your name and information. 11**Since you never said this wasn't you or wasn't yours, you have implicitly agreed." Case dismissed._______________ The Answer is 42!! *********************************** 1*No they don't because they don't have to validate period. 2*No they did not. 3*I'ts not what they assume as they are expected to know. 5*The VL letter was the challenge. 6*And the VL plainly shows it don't. 7*How can you get more of something you never received any of to begin with? 8*It's not about more its about nothing at all. 9*It's not about mind reading it's about their responsability to know and operate within the law. 10*And what does that prove? 11*I believe the VL makes it clear you haven't. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Since you never said this wasn't you or wasn't yours, you have implicitly agreed. Wouldn't this be the same as A ca never responding to your demand for proof but they sue you so all you have to say to the judge is, They never proved the claim before going to court so they have implicitly agreed that I owe them nothing. *** When one owns or operates a business one is expected to know the rules and regulations applicable to the line of business they are in. The owner has no right to expect the consumer to be his tutor to educate him concerning the operation of his business. I have been in the housing business for 30 years and it is solely my responsibility to know and understand the laws that apply to the operation of my business and I as a consumer will not educate another business as to how to operate their business... http://www.justsaywow.com/newfun4/mooyear.cfm ..
RE: Money Recovery Nationwide Hello, I am new here, but not new to dealing with debt collectors. I have many tactics to get rid of them. I am Personally dealing with Money Recovery Nationwide, and thought I would share a few pieces of info with you. I disputed a debt collection with MRN, and they subsequently placed it on my wife. MANY OF YOU DON't KNOW IT, but in Michigan, and many other states, but I can only speak for Michigan, if the Debt collector is in the state, or out of state but doing business with a michigan client, they MUST be licensed here. You can go to michigan dot gov slash cis, and do a search under debt collection. All of the laws are there. You can even check to see if the debt collector is licensed. GUESS WHAT, MRN does not appear to be licensed. You can either file a written complaint, or email the Michigan Attorney General (find him at ) michigan dot gov slash ag (sorry can't post URL's YET) Hope this tidbit helps. I have had a few debt collectors cower to this one. (it costs them MONEY, and makes their collection efforts ILLEGAL)
Wow, what a crazy thread going on here! I'm still a newbie to this, but I have just recently dealt with this same company so I thought I should throw in my two cents. In my case, this is the same CA that this particular med bill has always been with, I had the original bills from the OC and all that. So for me I knew it was valid. Within 2 weeks I'd say they sent me a statement, sounds to be pretty much the same you got. So in my case, that suited me just fine because I had my own paper trail. When I got that, I simply sent them a response letter with a settlement offer in it. It simply said that this letter is in response to the statement I received on x date, blah blah, and I would like to propose a settlement offer of X dollars. Upon which my account would be considered paid in full, closed and removed from all CRA, blah blah. With it I also included a copy of the statement they sent me. Many times I'm finding that if you don't include a copy of what they sent you, a simple letter gets "lost" in their system and they have no idea what you're talking about. I also requested that any response to my offer be done via us mail. They replied accepting the offer. I sent them another letter saying this payment is for blah blah, and included copies of all letters and statements with my money order payment. After which they sent me a letter that it was paid in full, closed and being deleted from my credit report. So, this company was actually the easiest to deal with. In your case however, since it seems that you requested validation, they sent a statement and you did not respond to that that they COULD deem that as acceptance of the amount. However, I would just simply send them another letter, sent CMRRR, requesting further documentation. In business language, request the paper trail. And then see what they do in response to that. If they send you the "paper trail" of it, and you see it as accurate, then send them a settlement offer letter and see what they say. In my letter I even stated that I was working with other CA's, so whoever sent me the appropriate information quickest, would work with me the most, would get payment first. It was amazing how nice and quick they all were knowing that it was first come first serve! Personally, I would just send them another letter requesting more information and see how that goes. This company sat on my credit report for almost 6 yrs and they never once tried to sue me. And I would be hesitant right now, personally, to try and sue THEM at this point. Because if I'm understanding it right, the company to sue would be either the OC or experian for not removing it off your report to begin with. But I come from a personal stand point of would rather fork out some money (I'm game for settlement offers!) and just pay the debt if I KNOW its valid (have my own paper trail of it) then to try and sue them for violation. That's just how I am. But I understand and respect those that would do otherwise. But for me, with my standpoint, I would send another letter first and see where that takes you.
