I sent unifund a validation letter in regard to dh's charged off emcc acct. Got a letter in the mail stating they need further documentation, eg. proof of prior resolution, prior payment or bk papers. They want his signature 3 TIMES NOTARIZED!! Like thats gonna happen!! What do I need to send next, this one has thrown me a little. Thanks, Patti
just noticed a second letter enclosed, which is like the first collection letter they sent, demanding payment. Aren't they now in violation?
Ignor this = it's a stall tatic and a trick to confuse you into confessing. Next step estoppel letter 30 days after they got the Val. L.
BTW, am I taking unnecessary chances in sending the estoppel after 30 days? This account is well within the SOL, but of course, no validation yet.
Re: Re: response from unifund!! Originally posted by psp in nm [/i] BTW, am I taking unnecessary chances in sending the estoppel after 30 days? This account is well within the SOL, but of course, no validation yet. ===================== There are only 2 ways to pay this with proof or without proof either in or out of court. The END ************************* LB 59
Hey Patti, You're on the right track. I think I'm going to include these thoughts in the Validation thread because I see a lot of folks wonder what "my next step should be" when in fact the next step is almost always: just follow the system. First demand for Val. - wait 35 days 2nd demand 15 days letter 72 hr intent to sue 73rd hr. file suit Wait for them to contact you to offer an out of court settlement [ Side Note: The forgoing does not incorporate the simultaneous attack to the CRA's. This applies to the CA's ONLY ] This is a 60 day system. Keep your adversary on a VERY strict timeline. And attack ALL data furnishers, for that's who your argument is against! There's only 2 things that can happen which would prevent you from deviating from the standard formula: They provide perfected validation, (unlikely) They file suit in the middle of the process, (also unlikely) Anything else and the "what do I do next" question is already answered. Just follow the system, it's designed to elicit violations as you go along. By the time you get to the place where it's time to file you should have some ammo. The secret AND the simplicity is in the system!!!
Morning, butch The original chargeoff shows 2000. Unifund has added interest since the alleged chargeoff date (and the first letter received end of march) now up to $2300. EX shows the original account on record until 10-07. Unifund state acct charged of 11-09-02!!
Unifund is taking me to court for under two grand. I can't wait for the court date. They are out of the SOL and aren't even licensed in my state to do business. Check on their state license.
Re: Re: response from unifund!! Whenever we know the starting amt. ($2,000), the ending amt. ($2,300) and the time frame involved (5 months), it's not hard to calculate the "Internal Interest Rate" In this case it's 36% annually, or 3.00% per month. Most likely your state limits the legal interest rate to a smaller amount. It's whatever the contract provides for in the case of a defaulted debt OR the max permitted by your state, WHICHEVER IS HIGHEST. My guess is this rate exceeds to max permitted BOTH by your state and by the contract. This may be a violation. Check your contract to see what it says about interest in default. ???
I dont think they can add that interest either... § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
They can if it's authorized by the contract. That's why I asked her to check. Naturally tho, you're right in that they DO need a contract. Without it they can collect nothing unless you've already admitted to the debt.
I'm gonna have to dig a little on this one. DH is home today and the OC was for a refurbished gateway computer that never worked right. We fought with them for months, and never got it lined out. DH said the initial computer was $900 and was bought online. They probably don't have a signature anywhere.
How do I find out if what state unifund is and/or is not licensed to practice in?? Thanks I have a derog on my report from them too.
ok, all, time to send out 2nd letter, but which one? Both of the 2nd val. letters sound more like CRA letters that CA letters. I think it is too early for estoppel...help please! Thanks.
