I posted this on cardreport.com and someone suggested I post a copy here. Thanks everyone for all the great posts and tons of great information. And especially to WhyChat. I have helped some others at my work and neighborhood to find their rights and fight for them. Hope I get to help someone here too as a payback. (Either that or help exterminate the trolls). After proving my case that debt buyers (RJM and Arrow) are still debt collectors and SOL (Arrow, who pulled an inquiry the same day my mortgage broker did), my mortgage underwriter waived having to pay them off to release the funds. This shows the mainstream financial community knows of the garbage out there and they are starting to ignore them. Biggest lesson. Opt out!!! BEFORE, BEFORE you apply for a mortgage to keep the low lifes out of your business in the first place. Do some housekeeping on your files, old address, closed accounts etc. Texas Attorney General is really interested in what I showed them for RJM and is looking for more people abused by them. I want to crucify the individual collectors in addition to the actual company. Join me!!
Please post more info since you are in Texas. I noticed several of us on here are Texans and whatever we can do to eliminate the slugs, we will! I would be interested to know the OC as well and the circumstances of your case. Maybe it's another thread?
I am in TX, and RJM has had a collection account on my file for almost 6 yrs now; I asked for validation but to date, about 30 days now nothing has arrived! AND, the CRA's ---All 3, deleted the negative tradelines. I have NEVER EVER ordered anything from them, yet they claimed I did! Congrats to you for standing up for you rights! Congrats to us all for standing up for our rights!
Sorry for delay. I can only guess on my underwriters exact reasons, but my broker is still in shock that the underwriter OK'd everything and specifically stated that these two do not have to be paid. I sent copies all complaints that I filed and copies of all correspondence with the two incestuous mutant infested companies. RJM supposedly bought a MasterCard debt from Household. I never had a MC from Household (I have had a Visa for many years, in fact I have a letter on the last renewal telling how great a customer I am). The have ignored validation letter. They also do not have a surety bond with the Secretary of State, again with the fraudulent statement of they are not a debt collector, but the new creditor. Well, RJM is saying they are my "New Creditor" and as such is not subject to the FDCPA, nor the TCDA (Texas Debt Collectors Act). Well, they are wrong. The FDCPA specifically states that anyone buying debt that is in default is a debt collector. Any violation of the TDCA is an automatic per se violation of the Texas Deceptive Trade Practices Act and carries a CRIMINAL as well as civil penalties. If RJM is calling themselves your "New Creditor", please immediately file a complaint with the Attorney General's office, the FTC and the BBB. Also, since the mails are being used, please file a complaint with the postal inspectors. Arrow is also not responding to validation letters, not stating who the OC is and with their own dates being used the supposed debt is SOL. Again contact the Attorney General. While they cannot act as an attorney for an individual, they can act on behalf of all Texas residents. Let's put them out of business, first in Texas and then every where else. Let's send them to HELL !!
One more thing, make the complaints not only against the company, but the individual collector. The secretary of their state will be the one to accept service of process for them in case they use a pseudo name, which most do. If they don't show -- $1000!!! per violation. I am trying that tactic right now and will advise. Bob3 P.S. Just so ya'll know, I paid my legitimate debts to my real creditors once they gave a statement of account and proved every penny. A quite a lot at that.
This really helped me. Just wanted to say these postings really helped me! Thank you! The original creditor sold this account to RJM Acquisitions, however I had already disputed the charges and proven them invalid in 2004. I found several form letters that helped me... see below. They have yet to put it in writing or remove it from the credit report yet, but I did get a verbal promise this morning. The ftc.gov website explains the Fair Debt Collection Practices Act (in legalese...) dubbyadubbyadubbya_dot_.ftc.gov/os/statutes/fdcpa/commentary Where I got the form letters and how to see the statute of limitations in your state from dubbyadubbyadubbya_dot_fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter Good luck and hope these help others too! ----------VALIDATION LETTER FORM------------ Consumer Name Street address City, State, Zip Date Sent via CERTIFIED RETURN MAIL #________ with RETURN RECEIPT (or Via FACSIMILE xxx-xxx-xxxx) Collector's Name Collector's Address Collector's Contact Information RE: [insert account number or name of account or name of debt]: Dear [insert collector's name or company name], I am writing in response to your letter dated [date] [copy enclosed]. This is the first letter I've received from you on this matter. I am hereby notfying you that I dispute this debt and further request that you VALIDATE THIS DEBT. [EACH COMPANY MUST DO THIS, EVEN IF PREVIOUS COMPANY HAS ALREADY DONE IT] - Provide proof that this account/contract was opened/signed by me; - Provide copies of any records with positive proof of legal contract entered in by me; - Provide proof that the goods and services being billed were provided [if applicable]; - Show me how the amount owed is calculated; - Show proof that you are licensed in my state as a collection agency, and give me your license number; - Cease all collection activity, including contact by ; - If there has been reporting to any credit reporting agency, you also report the continued dispute status; - If you are a collection agency or there is another company which has ever held this account send a copy of this dispute to them so that they do not report this on my credit report, and if my account is sold to another agency provide them notice of it's status as disputed; - Upon investigation and removal of this account, immediately remove all associated credit reporting; - Provide timely written notification should you at any time no longer be the creditor and holder of this debt I appreciate your immediate response acknowledging receipt of these requests and timely action regarding this matter. It is my intention to resolve your inaccurate claim amicably. However, rest assured I will pursue all legal rights necessary to resolve this matter. If and when the accuracy of this liability is legally proven to be valid, it will be my intention to rectify it post haste. Please be aware that for the duration of time in which you continue to hold this account you must comply with the Fair Debt Collection Practices Act (FDCPA), as this account was already in delinquent status. Be advised that I consider any contact not in accordance with the FDCPA a serious breach of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission, to the Bureau of Consumer Protection and, if necessary, take whatever legal action is necessary to protect myself. Thank you for your cooperation. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association. Sincerely, me -----------------DISPUTE LETTER FORM-------------- Consumer Name Street address City, State, Zip Date Sent via CERTIFIED RETURN MAIL #________ with RETURN RECEIPT (or Via FACSIMILE xxx-xxx-xxxx) Collector's Name Collector's Address Collector's Contact Information RE: [insert account number or name of account or name of debt]: Dear [insert collector's name or company name], This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. I am in receipt of your letter attempting to collect an account/liability that is not only invalid, but is also illegitimate and in legal dispute. Therefore, please consider this response as my formal legal dispute pursuant to Public Law 95-109, 15 USC 1692f Ã?â??Ã?§808 and 1692g Ã?â??Ã?§809. I furthermore request the name, address, department and phone (including any extensions) of the original creditor who is stating that this alleged liability belongs to me, so that civil action can be implemented, if necessary, to resolve this egregious accusation. Any further attempt to collect and/or continue to falsely report this disputed information on my personal credit file without complying with the above stated provisions will be deemed as non-compliance and you will be held liable under 15 USC 1692 (k) (civil liability) to one or more of the following: 1) All actual damage sustained by a consumer as a result of such failure; 2) (A) included above, additional damages allowed by the court, not exceeding $1,000; or 3) If a class action is filed, such amount for each named plaintiff, recovered under subparagraph (A) of the stated Title, and an amount not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and 4) All cost accrued by the consumers' successful action to enforce the foregoing liability, along with attorney's fee. It is my intention to resolve your inaccurate claim amicably. However, rest assured I will pursue all legal rights necessary to resolve this matter. If and when the accuracy of this liability is legally proven to be valid, it will be my intention to rectify it post haste. Thank you for your cooperation. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association. I have decided that I do not desire to work with a collection agency under any circumstances. I will contact the original creditor to resolve this matter directly, as circumstances warrant. You are also notified that should any adverse information be placed against my credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves. Sincerely, ---------------EXPIRED STATUTE OF LIMITATIONS-------------- Name Street address City, State, Zip Date Collector's Name Collector's Address Collector's Contact Information RE: [insert account number or name of account or name of debt]: Dear [insert collector's name or company name], This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date]. I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with Nevada Attorney General Catherine Cortez Masto and verified that the Statute of Limitations for enforcing this type of debt through the courts in Clark County, NV has expired. Therefore, should you decide to pursue this matter in court, I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated and this disputed debt removed OR that you or the creditor are taking specific actions allowed by the FDCPA or my state laws. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission, the Bureau of Consumer Protection and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident. (Sign above name) Printed Name -----------------------
A lot of these letters have been floating out there for a long time. However, the CA or JDB is not required to give all the information requested (unless it's during the discovery phase of a suit). The letter requesting validation should be short and simple. Dispute the debt and request that they provide proof that the debt is yours, an accounting of how they arrived at the balance, and proof that they are authorized to collect the debt. The requirement for validation, per many courts, can be satisfied by copies of the account statements from the original creditor.
