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> RAB Refuses to Cooperate, Debt Validation
medic220
post Jul 3 2009, 08:46 PM
Post #1


Group: Members
Posts: 39
Joined: 18-April 09
Member No.: 93,491



I've sent two letters for debt validation now to RAB. Both with a disclosure request sheet which spells out specifically what they need to provide including:

-History of the account including all debits and credits
-Original signed agreement
-Assessment of fees, interest, etc.
-Original Creditor
-Etc.

The standards of a debt validation letter. Now I started learning on this board after I started making payments to them. I did NOT, however, sign the Rehab agreement they sent which allows them to collect an additional whopping 18%.

They are refusing to fill out the disclosure request and supply the appropriate information that it is within my rights to request. So far I've only received a computer printout of the account since I started paying, which shows a balance of about 6k vs 7.5 they clearly state I owe in the accompanying letter. They also don't appropriately show the application of my payments, leaving about $25-30 of each unaccounted for. FDCPA has been shown to apply to "even the least sophisticated consumer."

The loan was originally two a 5k and 2.75k loans. So far, I've only received the original signed agreement from the OC for the smaller of the two - NOTHING for the larger. They likewise have not sent ANY other information as RAB says they've requested from them.

I'm preparing to send out my 3rd and final letter before considering employing a lawyer, since they seem to be unconcerned about my rights. I have been making payments in the interim, simply b/c I did not DV this originally. If it comes to a matter of court I intend to have that applied against what was owed, if they can prove.

I'm just wanting to make sure there isn't anything else I need to be doing. Rehab being a positive thing that it can be I have no intention of paying if they are unable to do their jobs. Though they have not validated (or verified for the OC) they supposedly verified my CRA dispute. I love that these folks like to tack on the violations, even if it is a pain the @ss for me.

Any other suggestions? Anything else I should include in my 3rd letter? Any other entity I should cc to? Thanks for any help and good luck all!
 
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Googie
post Jul 3 2009, 08:46 PM
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The MoneyMaker

Group: Accounting
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Joined: 1-February 03
From: Mountain Home, CA Member No.: 1





 
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LynnInMN
post Jul 4 2009, 05:17 PM
Post #2


Group: Members
Posts: 4,206
Joined: 31-December 04
From: Naples, Florida
Member No.: 11,332



QUOTE (medic220 @ Jul 3 2009, 08:46 PM) *
I've sent two letters for debt validation now to RAB. Both with a disclosure request sheet which spells out specifically what they need to provide including:

-History of the account including all debits and credits
-Original signed agreement
-Assessment of fees, interest, etc.
-Original Creditor
-Etc.

All RAB is required to send you is a copy of the prom note.
Any payments made prior to your default is not their responsiblity. You would have to go back thru the lender that changed assessed them. Original credit is listed on the prom note.


The standards of a debt validation letter. Now I started learning on this board after I started making payments to them. I did NOT, however, sign the Rehab agreement they sent which allows them to collect an additional whopping 18%.

Collection cost are included in your original prom note..."all collection fees applicable by law". RAB is not charging you the fee...your guarantor is.

They are refusing to fill out the disclosure request and supply the appropriate information that it is within my rights to request. So far I've only received a computer printout of the account since I started paying, which shows a balance of about 6k vs 7.5 they clearly state I owe in the accompanying letter. They also don't appropriately show the application of my payments, leaving about $25-30 of each unaccounted for. FDCPA has been shown to apply to "even the least sophisticated consumer."

The loan was originally two a 5k and 2.75k loans. So far, I've only received the original signed agreement from the OC for the smaller of the two - NOTHING for the larger. They likewise have not sent ANY other information as RAB says they've requested from them.

I'm preparing to send out my 3rd and final letter before considering employing a lawyer, since they seem to be unconcerned about my rights. I have been making payments in the interim, simply b/c I did not DV this originally. If it comes to a matter of court I intend to have that applied against what was owed, if they can prove.

I'm just wanting to make sure there isn't anything else I need to be doing. Rehab being a positive thing that it can be I have no intention of paying if they are unable to do their jobs. Though they have not validated (or verified for the OC) they supposedly verified my CRA dispute. I love that these folks like to tack on the violations, even if it is a pain the @ss for me.

Any other suggestions? Anything else I should include in my 3rd letter? Any other entity I should cc to? Thanks for any help and good luck all!



If these are federal loans, I would tread lightly. You refuse to pay, they will simply start a garnishment. You cannot refuse to pay a federal loan...it will bite you in the ass.

Go to NSLDS and look up your own loans. Disputing you is showing you as being difficult.


IPB

Lynn
Ex-Student Loan Collector FFLEP & USDE
Ex Financial Aid Officer

Minnesotan escaped to Florida!
 
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