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StickItToCredit

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  1. I am sorry if this is a dumb question. Under the FDCA 1692e(11) would placing an account on your credit report with no prior communication constitute first communication? Or does first communication only include phone calls and letters?
  2. Back in November I had posted about a JDB that was behaving quite badly. For reference here is a link to my original post, http://creditboards.com/forums/index.php?s...=215446&hl=. Well, out of the great advice I got from this board and a lot of thought I sent the following letter: To Whom It May Concern: I am writing in regards to several phone calls and/or messages that are being placed to my residence and my relatives during the dates of September 18th, 2006 through November 8th, 2006. The recorded calls and documented conversations with third parties are indicating that there is or will be litigation filed against me. I have absolutely no idea what this matter is regarding. I researched the return number given to find out where the calls were coming from and I found your web site for a company called Vigden Receivables Management, a collection agency. Since it appears that you are a collection agency, not a law firm, I am putting forth my right to dispute this alleged debt Under the Fair Debt Collections Practices Act (FDCPA). I am only assuming you are claiming I owe you a debt because the only information I have is an alleged litigation number and a return phone number that traces back to a collection agency. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt. Your legal staff will agree that compliance with this request is required under the laws of Minnesota and Federal Statutes. Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities and phone contact with me, my place of employment, my family, friends, neighbors or any one else you feel I may be connected with. I require compliance with the terms and conditions of this letter within 30 days, or a complete withdrawal, in writing, of any claim. In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion. I also hereby reserve my right to take private civil action against you to recover damages if deemed necessary. I never heard from this JDB again and they removed their trade line off my credit report within 48 hours of receiving the letter. My question is this account has been purchased by a new local JDB lawfirm; however, the account number has been changed. Do I send an unknown debt type of DV without any other information or do I let them know that this debt was not validated by the previous owners. It seems I read somewhere that I should include a copy of the previous DV letter; however the account numbers are different so I don’t know if that presents any issues. (PS: Sorry I never updated those I promised, full time college and full time work took over my life for awhile)
  3. According to WhoCaled.us is appears it could be Encore Receivable Management.
  4. Pryan67, some people just dont' appreciate good and honest advice. You are so appreciated here at CB. You are always helpful and understanding. I totally appreciate reading your advice and help to the posters on CB. I have never read a response from you that was not heart felt, honest, or giving the best advice possible. I actually broke down and cried on one of my first posts here because of your help. It was the first time in years I felt I was not alone and your support and advice was well appreciated.
  5. Thanks. I am still within SOL if they are claiming a 2003 DOLA. I live in a 6 year state so that doesn't help me. I also don't think I have a choice as to how far I want to push this, but how far they do. I do feel that if they choose to take this to court I want to have my ducks in a row the best I can. I would prefer to wait this out past SOL, but since it has gone to a local law firm, I do not feel I have that I have any other choice than to show the court I atleast tried to remedy this before it went before them. The Cardmember Agreement has a copywrite date of 2000. Also, the thing that confuses me is the law firm is asking for $2,*** less than the JDB is reporting. The JDB has the high balance listed at almost the same amount the law firm is requesting, but lists the balance and past due amout at $2,*** higher.
  6. Update and now I have another question, sorry. I DV’d the law firm and the JDB they claim they are collecting for. Both received the DV’s Monday morning. I received a letter from the law firm on Friday. I guess they think this is validation: Letter: Thank you for your letter received at our office on November 14, 2006, regarding this matter. Enclosed please find the account information documenting the amount owed related to this account. Specifically: (Then they list the following information) Amount of Debt: Principle balace - $4,***, Interest - $18.** Name of Creditor: JDB Name of Original Creditor: *** Orginalal Acct. number: **** Date account was opened: 1993 Date of charge off: 2003 Date of last payment: 2003 Please see the enclosed Terms and Conditions. Thank you for your attention to this matter. Very truly yours, Law Firm Law Firm attorney’s names and a scribbled signature (The next 10 pages are photocopies of a Cardmember Agreement that could be from any one that has a credit card with the original creditor). The information they are reporting on page one could have easily been pulled off the credit report they pulled and the card agreement could be a copy from anyone that had a card through the original creditor. OK, now I am assuming this is no way close to validation and DV #2 is in order. However, my questions is: Do I wait for the 30+5 days for the JDB to respond to their DV letter before sending DV#2 to the law firm? Thanks, I am sorry if this is a dumb question. Just want to get this right.
  7. Here is the letter I came up with today. Am I on the right track or is this too much? I have it narrowed down to two lawyers in my area that are well versed in the FDCPA. I will read through a few of thier cases this weekend and decide which one I will hire if I need to. I am totally prepared to go to court with jerks if I have to. I just ran my credit report and they are now listing the trade line and have re-aged the debt by over 3 years. They are listing the DOLA as 10-06. So, here is the letter, thanks for everyone's support and feedback. I really appreciate it. Attention: Owner and Partner name of agency I am writing in regards to several phone calls and/or messages that are being placed to my residence and my relatives during the dates of September 18th, 2006 through November 8th, 2006. The calls are indicating that there is or will be litigation filed against me. I have absolutely no idea what this matter is regarding. I researched the return number given to find out where the calls were coming from and I found your web site for a company called Vigden Receivables Management, a collection agency. However, the calls indicate they are being placed from a law firm, not a collection agency. As your collection agency web site states, you are a member of the ACA and your collection staff is highly trained in the FDCPA and collection laws governing all fifty states. Therefore your collection staff should know the legal ramifications of these calls. However, since it is apparent a few of your staff are not as trained as you claim, I will help you out by pointing out a few of the violations. I am also enclosing the transcripts of two of the recorded messages left in case you are unaware of how your collectors are conducting business. 1692 b(2) – contacted third party stating I owe a debt 1692 b(3) – contacted a third party more than once, without the request to do so 1692 c( – communicating with a person other than the consumer, consumer’s attorney, or credit bureau concerning a debt 1692 d – harass, oppress, or abuse to any person 1692 e – false, deceptive, or misleading representation or means in connection with debt collection 1692 e(2) – character, amount or legal status of the alleged debt Voice Mail left Sept. 18th, 2006 My name is Leonard E. Beatty. I am trying to reach a StickItToCredit, if the person StickItToCredit resides at this residence would you let her know that Leonard E Beatty is trying to reach her. Leonard E Beatty, I am with the firm VRM, VRM now has been retained to represent a matter to ?disparating? a litigation, a litigation number *****, that is *****, StickItToCredit I need you or your attorneys to call me back, Leonard E Beatty at 1-800-809-4952 that is 1-800-809-4952, StickItToCredit my extension is ext 2222 Leonard E Beatty. Voice Mail left on November 8th, 2006 Ah, good evening this if for StickItToCredit, Ah, StickItToCredit, this is ah, Chief Director ah, David Bernstein, calling from the Firm. Ah, at Harris County, we are calling about your case that they have scheduled for Friday Nov. the 10th 2006 12:00 noon. Um, apparently they have been trying to get your side of story on it, ah they are going through there co – look like they are in the process of confirming ah your residency and place of employment and such ah for serving purposes. Please call immediately to get the particulars you would need to be prepared so you know they don’t catch you by surprise. The number ah ah again is 1-800-809-4952 ext. 7407 ah case number is ****-* like *****. If you can’t or unable to call on your own you may have council call on your behalf, ah this would be acceptable. We will be in our office here rather late, give us a call immediately ah to prevent those guys from catching you by surprise next week OK. Thanks, Bye Bye Mr. And Mr. we can resolve this matter just between us by your agency fulfilling the following demands, or we can settle this in a court of law. I am sure a Judge would be very interested to hear the phone calls me and my family have recorded and the affidavits from these family members regarding the conversations they have had with Mr. Beatty and Mr. Bernstein. I am also sure the Attorney Generals in Texas and Minnesota, the FTC, the ACA and the BBB would also be interested in your companies conduct. You have 30 days from the date of this letter to fulfill the following or I will have no choice but to file a lawsuit against your company for your blatant disregard for the law. 1. If you are reporting this alleged debt to any of the credit reporting agencies in any form, it is to be erased immediately. 2. Your company will mail a check to me in the amount of $1,000 for the FDCPA violations. 4. Your company will mail me a letter of apology. 5. Your company, or any affiliations/sister companies you are connected with, agree to never to sell, transfer, give, or otherwise communicate the alleged debt to ANYONE, including the purported OC. All contact must be made to me via the United States Postal Office at the address listed below. I also demand that all phone contact to my residence, place of business, family, friends, neighbors, or anyone else you may think I may contacted to Cease and Desist immediately. Sincerely, StickItToCredit
  8. Oh, I would love to do that, but I know I can't now because I am too upset. I have been on the phone for the last few hours talking to one family member after another that this guy is calling. He has claimed anything from an Farm incident to a major investement deal. He calls and asked for my deceased father. When they tell him he has been dead for over 35 years they then start asking personal questions about me. My family should not have to deal this. It is one thing to call and indicate that I have financial problems, but to bring my dead father into it is over the edge. What really irrates me, is that I have never ever used my fathers name on anything. He passed away when I was 5 years old. I have asked all my relatives to record these messages or at least transcribe them for me. He had my Mother so upset tonight that she almost paid him.
  9. Wow, are you kidding me. I hope you let her have it. Jeez, that is even worse than claiming you are calling from a law firm.
  10. That is what I was thinking. Do I have a major violation here? He is the Chief of the ah, Firm.
  11. Thanks, I am a lot more calm now. I used to have NCO calling me also. That was pre CB. I really wish I had a few of those voice mail calls on tape. Like the one were she was telling me to get my fat flowers out of bed, after all it is it afternoon and I should be looking for job instead of sleeping all day, because then I could pay my bills.
  12. Yes it is. Sorry, I should have just updated that post.
  13. Thanks Frisbee, just being able to post here helps keep me sain. I know, I am trying to stay calm. I have reread it now and it is riddle with wrongs. I did send it CMRR and added a limited c/d. I have both calls on tape and well backed up. Do I just wait to see what happens? Should I draft letters to the AG's of both states and the FTC? In my opinion they are claiming to be a lawfirm and threatning me. When in fact the phone number I am supose to respond to is a collection agency out of Texas.
  14. OK, I have one previous phone call, (taped), from this collection agency. That tape is almost as bad as this one. The first call was pretty basically stating they had litigation against me. The phone number I googled was from a Collection Agency in Texas. I sent a validation letter to them just today based off that call. But how do I handle this? I am confussed as to how I have a case that is scheduled for Friday on the opposit side of the country than I live. Also, how can a case be scheduled if I am not being supposedly served until next week? Help pease, not sure how to respond to this. Here is the transcript of the message: "Ah, good evening this if for StickItToCredit, Ah, StickItToCredit, this is ah, Chief Director ah, David Bernstein, calling from the Firm. Ah, at Harris County, we are calling about your case that they have scheduled for Friday Nov. the 10th 2006 12:00 noon. Um, apparently they have been trying to get your side of story on it, ah they are going through there, (stumbled words), looks like they are in the process of confirming ah your residency and place of employment and such ah for serving purposes. Please call immediately to get the particulars you would need to be prepared so you know they don’t catch you by surprise. The number ah ah again is 1-800-***-**** ext. **** ah case number is *****-*. If you can’t or unable to call on your own you may have council call on your behalf, ah this would be acceptable. We will be in our office here rather late, give us a call immediately ah to prevent those guys from catching you by surprise next week OK. Thanks, Bye Bye" I know they are just trying to freak me out, but it is working.
  15. Thanks Jack1212 - I just got the law firm letter on Saturday so not a problem doing the first 30 day DV there. I was just confussed how to handle the JDB. I am not spooked by the law firm since they have already been sued by my Attorney Gerneral once for unlawful debt collection practices, just wanted to handle things correctly.

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