One account....two listings by CA

Discussion in 'Credit Talk' started by DLSIZE, Jun 8, 2003.

  1. DLSIZE

    DLSIZE Active Member

    If a debtor has an account that goes to collection, can the CA list two accounts as in collection related to the same account?

    GF has an old cable bill...she owes ~$300 for 4 months service and they are charging her $300 for the cable box. This comes out of the apartment mess if others have been following elsewhere. Anyway the cable was in her name. She does not recall what she did with the cable box when we packed and we live apart from each other now. Anyway, I know I didn't pack it.

    Anyway, CA keeps sending her one bill. One for the service and one for the unreturned equipment. However, all three reports have it listed two separate collections. One for the service and another for the box.

    We requested validation (in one letter) to the CA and what they sent is a cover page listed the two amounts (service and equipment) and a note on the bottom saying they will allow her 7 days to pay and to write the account number (a single account number) on the check. The following pages of the letter is the monthly printout from their (I believe the cable company's) system. It lists a few months of service...late charges...last couple of months just late charges....here is the kicker....on the last page, typed (as in it did not printout from the system) in is a date, a reference #, description as collection fee, the amount, and then the total owed. They also altered the last page a bit. In the top part of the printout, it lists her account info, amount due, etc... again here looks liek the whited out the amount the system showed and typed in the amount owed with the collection fee added.

    I must also say that each page is copied with no margin on the top as if they are not showing the full screen. There is no date listed as to when this account info was printed.

    They did not fill out the form I sent with the validation letter that is found online here...no assignment agreement, no original contract, etc....

    Next steps?
     
  2. DLSIZE

    DLSIZE Active Member

    Also forgot to mention they did not validate the equipment amount....this did not show on any of the account history. Only mention was on the cover page where it was listed as a line itme underneath the service amount (including collection fee) was listed.
     
  3. lbrown59

    lbrown59 Well-Known Member

    So really they didn't send anything from the OC which is from where it has to come.
    The reason validation has to come from the OC is to prevent the CA doctoring it up like they did here.
     
  4. DLSIZE

    DLSIZE Active Member

    No...it came from the CA...but the prinout looks like it came from OC's computer system....here is what I have drafted based on the other current partial validation thread.......

    Dear Sir or Madam:
    I am in receipt of your response dated XXX X, 2003 to my request for validation of the account number XXXXXX. The documents provided are not sufficient to determine the validity of your claim. I specifically require the following:

    1. Proof of my legal liability of the alleged debt.

    2. Proof of an unpaid debt, including all charges and payments posted against those charges, back to the inception of the alleged account.

    3. Proof of your legal right to collect this alleged debt.

    4. Proof of your legal right to do business both in your state of business and in the State of New Jersey.

    5. If you do business as a corporation, partnership, LLP, LLC, or any other legal entity other than a proprietorship, proof of the existence of that entity.

    6. If you do business as a proprietorship, proof of your filing of a "doing business as" certificate in both your state of business and the State of New Jersey.

    7. The alleged contract or other instrument bearing my signature obligating myself to this claim.

    Absent the proof demanded, you must terminate this collection action and correct any erroneous reports of this debt as mine.

    For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

    Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

    You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

    Your previous response is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the all credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

    Failure to respond within 15 days of receipt of this letter will result in action against your company in which I may seek statutory, compensatory, and/or punitive dames for the one or more, but not limited to, the following:


    Defamation
    Negligent Enablement of Identity Fraud
    Violation of the Fair Credit Reporting Act
    Violation of the Fair Debt Collection Practice Act

    After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in Citrus County and I will begin the process of attaching property or funds to satisfy the judgment.

    For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.
     
  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: One account....two listings by CA

    1*Why is it your responsibility to give them free on the job training or send them to law school.
    How much are they paying you to be their own rtivate law proffrsor?
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: One account....two listings by CA

    1*Why is it your responsibility to give them free on the job training or send them to law school.
    How much are they paying you to be their own private law professor?
    2*Being in the profession they're in they are expected to know the rules and laws applicable to them.

    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""QUOTE]Originally posted by DLSIZE
    No...it came from the CA...but the prinout looks like it came from OC's computer system....here is what I have drafted based on the other current partial validation thread.......

    Dear Sir or Madam:
    I am in receipt of your response dated XXX X, 2003 to my request for validation of the account number XXXXXX. The documents provided are not sufficient to determine the validity of your claim. I specifically require the following:

    1. Proof of my legal liability of the alleged debt.

    2. Proof of an unpaid debt, including all charges and payments posted against those charges, back to the inception of the alleged account.

    3. Proof of your legal right to collect this alleged debt.

    4. Proof of your legal right to do business both in your state of business and in the State of New Jersey.

    5. If you do business as a corporation, partnership, LLP, LLC, or any other legal entity other than a proprietorship, proof of the existence of that entity.

    6. If you do business as a proprietorship, proof of your filing of a "doing business as" certificate in both your state of business and the State of New Jersey.

    7. The alleged contract or other instrument bearing my signature obligating myself to this claim.

    Absent the proof demanded, you must terminate this collection action and correct any erroneous reports of this debt as mine.

    For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

    Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

    You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

    Your previous response is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the all credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

    Failure to respond within 15 days of receipt of this letter will result in action against your company in which I may seek statutory, compensatory, and/or punitive dames for the one or more, but not limited to, the following:


    Defamation
    Negligent Enablement of Identity Fraud
    Violation of the Fair Credit Reporting Act
    Violation of the Fair Debt Collection Practice Act

    After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in Citrus County and I will begin the process of attaching property or funds to satisfy the judgment.

    For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.
    [/QUOTE]
     
  7. lbrown59

    lbrown59 Well-Known Member

    this did not show on any of the account history
    DLSIZE
    They didn't send the account history.


    THE END ** *** ** LB 59
     

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