I sent a validation letter on January 9 and they responded with verifying my name, address, ss# and balance of the account. They also stated that they purchased the account from Orchard bank and that the current balance was $700. But they did not include any signed documentation. What they did include was a postage paid envelope.
Is it just a printout on their letterhead? Or something along those lines? Take a look at this: http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm (BTW don't let them tell you they are now the OC since they bought the debt. They are still considered 3rd party collectors).
It is a typed letter and it included the basic info name, address, SS#, date opened and last payment. It also stated that RJM will forward the other requested info, when they receive it. They said that my account is being reported to TU and EXP as disputed. This is odd because the account was never reported to EXP just TU in the past (possible violation-here) and then it states that my balance is $700 even though the TU says $800 and there was a postage paid envelope included. I guess my thought is if they report to EXP then that is a violation, but I am also wondering if the inclusion of the envelope and the restatement of the debt is considered continued activity. Any thoughts about my next step here are appreciated.
5/01 and that is a re-aged date. I am trying to find a previos copy of my report that shows the date closed as 3/00.
Wollman FTC Opinion letter spells it out that computer printouts are nothing! Wait 15 days and then dispute it with the CRA's, if it comes back verified, it is a violation of the FDCPA - $1,000 for each violation. This is the son of nutcase letter written by betacredit back about a year ago. This would work perfectly in your situation. You may want to change it around some though so it works and is NOT recognized. Make sure you mean business. If you threaten to take them to court, make sure you are going to follow through.
I received the same letter regarding a Providian account 2 days ago. I sent them a validation letter and got the same piece of paper mentioned in the original post. SO what do we do now???? I disputed it with the CRA's, and they came back verified last month, But I just sent out the validation requests last week. I was gonna give it 30 days before I write the second letter, the one that threatens a lawsuit. If something is listed in dispute on your credit report, it still hurts your credit to have it on there. But they can dispute for months. Please let me know how to handle this,
Did they also say in their letter that they are not a collection agency? I would send a letter, CRRR, that states that their purported valaidation is insufficient and that you must have: A copy of the signed application A detailed accounting from when the alleged account was opened until closed with all interest charges Proof that they have authority to collect this alleged debt from the OC. I gave them 15 days to correct the situation (delete) or I would file suit for THEIR violations of law. That is what I did and they folded. Good Luck! NV Bone Doc Member of the 650 Club True health comes from within
Re: Re: RJm Acq- Validation response Bone Doc - You did this on a Finger Hut account right? I don't want to belittle your victory over them, but they bought a large amount of delinquent Finger Hut accounts, slammed everyoneâ??s reports, and then folded for just about everyone who disputed the debt without putting up much of a fight. They even did it for me, but they also purchased a delinquent Household account of mine from 2000. I hate to say it, but they do properly validate when the info is available. At first they didnâ??t respond to my validation request, and I sent a second letter. I then received the summary mentioned above that listed my name, address, SSN, date opened, and account number. Then, about a month or so later I received the signed application, a letter from Household stating that RJM now owns the account, and a complete accounting summary (actual bills from Household). On the bright side, they did rack several violations between my original request for validation, and the time they actually provided it. Given the age of the account in question, I will almost bet they are getting the proper validation. I suggest you wait it out a bit, dispute the account with the CRAâ??s and build up a good case to use as leverage against them. They will verify the account every time you dispute. A couple of easy violations you should have are continued collection activity, not marking the account in dispute, showing the account as open when it should be closed, and listing the account as an installment loan. I have seen at least 3 RJM listings, and these are always violations they commit when listing with the CRAâ??s. You can also get them for false or misleading information. They claim they are your â??New Creditorâ? and not a collection agency. You should be able to get the settlement lower than they are offering. After all, isnâ??t this there first offer?
Re: Re: RJm Acq- Validation response My point to mvalrie was that she should inform them that thier supposed validation was not sufficient and she was not going to accept it. If they have the proper back-up to validate doesn't it make sense that they would do it on the first round? My strategy is to tell them that their validation is insufficient, they have violated my rights and get it off my report or we're going to court (sorry Butch). I usually only dispute with the CRA's after all has failed with the CA as dealing with the CRA's can be tricky. Don't worry about belitteling my victory, I have fried many bigger fish. NV Bone Doc Member of the 650 Club True health comes from within
Re: Re: RJm Acq- Validation response and a complete accounting summary (actual bills from Household). James5150 ------------------------ Did you know Even this does not necessarily prove the debt? LB 59
Re: Re: Re: RJm Acq- Validation response Well, I didn't mention it earlier, but by "complete", I am talking about from day 1 of my account. The accounting summary by itself might not prove the debt, but considering they also provided the contract, and a letter from Household (which I also received directly from Household), I think they pretty much proved the debt is mine. Other than going back in time and filming me using the card, there isn't much else they can, or should have to provide to prove that the debt is mine. I hate to admit it, but to me it seems that they fully validated this debt.
Re: Re: Re: Re: RJm Acq- Validation response Unless there are errors on the bills or the account history. Did you check that out.? I requested the account history from a trash pick up company and it don't mach the ledger I keep on the account. Also the bills they sent are so screwed up you can't decipher them. LB 59
Re: Re: Re: Re: Re: RJm Acq- Validation response Well, it sounds like you have an exception to the rule, but if you don't have cancelled checks, or some other definitive proof to back up your ledger, its worthless. No offense, but I don't want this to turn into another pissing match thread, and this is in no way questioning you or your integrity, but anyone can create a ledger. Sure, I can make them prove that I actually lived at the address they claim I did when the account was opened, claim that the signature isn't mine because I don't dot my "I" that way, or some other silly thing like that. But I seriously doubt that sort of thing would hold up in court. Besides, most credit card accounts have a time limit that you can dispute any erroneous charges on your account. I am sure that time has expired long before the 6 months it took for the account to reach charge off status considering your charging ability is usually suspended if you are more than 60 days late.
Re: Re: Re: Re: Re: Re: RJm Acq- Validation response 1*but if you don't have cancelled checks, as proof to back up your ledger, it's worthless. 2*but anyone can create a ledger. James5150 ===================== ================== 1*Where does one get checks for an amount you did not pay because you never owed it? 2*just like a statement of account or an account history can be created.
Re: Re: Re: Re: Re: RJm Acq- Validation response If you don't have canceled checks, or some other definitive proof to back up your ledger, its worthless. James5150 =================== Not really because the creditor owes you an explaination as to why his records don't match yours. Also a correct complete ledger has much more value than a statement of account that contains errors. The END ************************* LB 59
