I sent a DV letter last month to a CA and i got 2 letters in the mail on April 1st one was a response's to my DV letter that I sent. which was a bunch of BS from the CA. they just said the debt was mine. no proof what so ever it didn't even list the OC. and another letter that had my name and address on the envelope but the letter said from a CA Alegis Group L.P And some other guys name and address in Astoria new york who his previous OC was and the account number. apparently he also was requesting DV also it has the amount he owes account number and everything and is stamped with a public notary from the idiot that mailed it. Sherman Acquistions is listed as the current creditor. What bunch of boneheads
Although the envelope was addressed to you, the letter was not. You are not his agent, nor does the creditor have any right to expect you to forward. Send it back to the sender, with a note indicating they had sent it to the wrong address. You might as a "courtesy" make a copy and send it to the party intended, indicating that it was addressed to you by mistake, and that you had sent the original back. If he wants to make an issue of it, that is his business.
I presume that in response to your own letter you will send a reply, CRRR, stating that what they sent is not validation, and specifically listing what you want. You might also send a complaint to your state AG, along with copies of everything. Did they send you an earlier letter complying with this (and did their validation comply)? http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 �§ 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.
I am still a newbee here at creditnet, I have been doing lots of reading from this site, and I must say â??WOWâ? I find myself up till 3 am reading almost every night, very intersesting stuff I never new anything about credit until I came here. I still have a lot to learn about credit. But I must say im kinda slow and im not to sure about what to do with this situation I have gotten myself into. From what I understand from the CA not validating they are in violation of Fair Debt Collection Practices Act § 809. Validation of debts [15 USC 1692g] as to how many violations the CA have made im not sure and which ones? This all started with another CA creditors interchange back in February they sent me a collection letter on February 25-05 there letter said this. CREDITORS INTERCHANGE Buffalo ny ##### RE: your account with our client Sherman acquisitions,lp Previous creditor: bank of America Current creditor Sherman acquisition Account number ###### Current balance $27## Reference no. ###### Date: 02-25-05 My name and address Sherman acquisitions L.P. has purchased the above referenced account from the above referenced previous creditor. Sherman has placed your account with this agency for collection. Sherman has advised us that interest will continue to accrue on your account as provided for in your agreement with the original credit granter. Your account is seriously past due and must be paid in full or we will proceed with appropriate collection activity. Please remit the entire balance due to our office using the return envelope provided. If you have any questions or wish to discuss your account with one of our representatives please call us at the toll free number listed below. Please send your written dispute of the account to the following address. Sherman customer service po box ##### This is an attempt to collect debt and all information will be used for that purpose. This is a communication from a debt collector unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid If you notify us in writing within the 30 day period following your receipt of this notice that you dispute this debt, or any portion of it we will stop all collection activity until we obtain verification of the debt or a copy of any judgment and mail it to you. If the above creditor is not your original creditor and you submit a written request within the 30 day period following you receipt of this notice for the name and address of the original creditor. So I sent this DV letter on march 7th I sent it with a copy of there letter CRRR. They sighned for the letter on march 10th March 3 2005 My name adress city state CREDITORS INTERCHANGE PO ##### City state March 3 2005 Re: Acct ####### To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on 02-25-05). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for â??verificationâ? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, all future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. Best Regards, my name
The letter I recived from them said CREDITORS INTERCHANGE 03-14-05 My name and address ####### 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 and any information obtained will be used for that purpose. This a communication from a debt collector. new york city department of consumer affairs license number 1168153 sincerely customer relations division of creditors interchange I have looked at my TU report on march 23-05 and the BofA is on there as a charge off and Sherman is on there also with there report on it also. I havnt checked with EX or EQ yet.
Then I got a 3 letters in the mail 2 of them were from Eskanos & Adler on april 1st the first letter says. ESKANOS & ADLER Attorneys at law 2325 clayton road Concord , ca 94520 Ph. ##### FAX ##### ##### amount at assignment $2,701 my name post-assignment interest $1.48 address other.00 city state total$2,703 03/25/05 RE: acoount number ###### /Sherman acquisition lmtd. Part the above-named creditor has retained our firm to collect the above identified debt. As of the date of this letter, we compute the amont you owe as the increase with the further passage of time. Our client has informed us that you have requested it to cease and desist any further contact with you. We are required to send this â??validation letterâ? notwithstanding your request. Your request for no further communications does not limit our clients right to invoke remedies authorized by law. You may contact us as provided below or by calling toll free 1-800-BITE-ME â??HA HAâ? ext 40## This is an attempt to collect debt and all information will be used for that purpose. This is a communication from a debt collector.unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid. If you notify us in writing within the 30 day period following your recipt of this notice that you dispute this debt, or any portion of it we will stop all collection activity until we obtain verification of the debt or a copy of any judgment and mail it to you. If the above creditor is not your original creditor and you submit a written request within the 30 day period following you receipt of this notice for the name and address of the original creditor, we will stop all collection activity until we mail this information to you. "The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov." ESKANOS & ADLER A PROFESSIONAL CORPORATION Sighend by 4 different people FILE NUMBER ###### They are responding to my DV letter to creditors interchange and in the first paragraph, line 5 it says, . We are required to send this â??validation letterâ? notwithstanding your request. So then why do they say in paragraph 2 This is an attempt to collect debt and all information will be used for that purpose. This is a communication from a debt collector.unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid. If you notify us in writing within the 30 day period following your recipt of this notice that you dispute this debt, or any portion of it we will stop all collection activity until we obtain verification of the debt or a copy of any judgment and mail it to you. If the above creditor is not your original creditor and you submit a written request within the 30 day period following you receipt of this notice for the name and address of the original creditor, we will stop all collection activity until we mail this information to you. That doesnâ??t make any sense to me, they say they have already validated it???? And then they say Our client has informed us that you have requested it to cease and desist any further contact with you and Your request for no further communications does not limit our clients right to invoke remedies authorized by law. Where did they get that from on my DV letter to CI? I donâ??t think they have the letter thatâ??s what CI told them. And the second letter from ESKANOS & ADLER says. SHERMAN ACQUISITION,LP C/O ESKANOS & ADLER, P.C. There address concord calf. Ect,ect March 25, 2005 MY name Address, city, state RE: Sherman acquisitions ( â??Shermanâ?) Claim against my name Important notice required by federal law Our law firm represents Sherman in connection with the above matter. On behalf of our client, the following notice is provided: Federal regulations require the information set forth below be provided to you. Sherman collects nonpublic personal information about you from the following sources: i. Information received from you. ii. Information about transactions with Sherman, its attorneys, its predecessor in interest, or others. iii. Information Sherman receives from a consumer reporting agency. Sherman does not disclose any nonpublic personal information about you to anyone except as permitted by law. When your obligation to Sherman is paid off, Sherman will adhere to the privacy policies and practices described in this notice. Sherman restricts access to your personal and account information to those employees who need to know that information in order to collect the obligation which has been acquired by Sherman . Sherman maintains physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. This is a communication from a debt collector, and is an attempt to collect a debt. Any information obtained will be used for that purpose. ESKANOS & ADLER A professinal corporation File ####### And the 3rd letter was that other gus letter a CA sent me by mistake. Im not sure where to go from here do I send a DV letter to ESKANOS & ADLER or maybe Sherman? I really appreciate all the help I get on this matter from anyone.
Despite what they say, they did not send you a "validation" letter, they sent you a notification of dispute rights letter, required within 5 days of first contact. Their C&D verbiage might lead an unsophisticated consumer to believe that you didn't need to do anything, yet if you do nothing, they can assume the debt is valid. Send them a validation letter, CRRR. This is a "new" collector (even if the debt came from the same JDB) and you need to protect your rights.
You might include in your letter that you had also requested validation from Creditors Interchange, and they failed to provide any. Since both they and Creditors Interchange are agents for Sherman, they are continuing collection despite Sherman's failure to provide validation. Since they appear to be trying to create the impression that they are complying with all laws, including Ca state laws, (perhaps your original request for validation got you categorized as "litigious", resulting in your account being transferred from the CA to the law firm), let them think that one over. Sherman appears to try to deflect requests for validation, instead of providing it, turning the consumer's request into another hoop he has to jump thru. What are the underlying facts? Is this your account? Is the amount correct? Is it past SOL for legal action? Or is it difficult to tell without validation? In other words, if this went to court, how would it appear to a judge?
Thank you ontrack for all the help you have been giving me on this, i appreciate it very much. I am pretty sure the account is mine, as for the amount being correct there is no way of telling that, the first CA said in there letter, Sherman has advised us that interest will continue to accrue on your account as provided for in your agreement with the original credit granter. That I have no idea what that would be, or if that is in the original contract at all with the OC. Yes the account is still within the SOL. What I am wondering is, When the first CA sent me a collection letter and there response to me was, 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. So they have not sent validation to me and Sherman is still reporting this on my credit reports. And when you request validation arenâ??t they suppose to put that in you credit report as disputed? After all the reading I have done here at credit net from what I have gotten so far is if a CA doesnâ??t send you validation they cant keep there TL on your credit report? They just assigned it to another CA or so called attorney. And all the letters I have recived from CI and Eskanos & Adler were sent regular US first class mail not CRRR. They have no proof that I recived the letters. But I have to remember I am still a NEWBEE here at creditnet, so I may be way of base here.
i just checked with my state government offices and neither sherman acqusitions or eskanos & adler are licensed to collect in oregon.
