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Untimely DV Results

The last post in this topic was posted 3141 days ago. 

 

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Here is what I figure I'm going to do:

 

1.) Call them and ask them directly, who owns this debt. I won't go into any details, and strictly just calling about who owns it. If I can't get anywhere or they keep prying for information, I'll just hang up. I'll do this option first since it's the quickest and cheapest.

 

2.) If CybrCollect still owns this debt, I'll consider a PFD Offer, but if I do not do the PFD, then it's onto Step 3.

 

3.) I'll do WhyChat's SOL Letter, but right now it's confusing as heck to me. I guess I'll have to copy and paste it then fill in the blanks until it looks correct. I'll most likely post it here so I can make sure it is correct.

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You're better off contacting the attorney

 

You ask him who the legal assignee is, and whether the debt is out of statute,

 

then he will think 2x before filing suit.

 

Also, If he doesn't answer - you can file a complaint with the state bar association

 

the attorney is also subject to all the FDCPA regulations

 

if he does sue, then you have all your CMMR letters to show the judge in court

 

that you were attempting to come to a deal, but was just trying to ascertain their legal standing

 

so you could pay the correct assignee - if you pay the wrong assignee, you could end up paying 2x, or the OC could still come after you -

 

Stay off the phone.

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Update:

 

Original Creditor: Pizza Hut

Collection Agency: Payliance (CybrCollect)

Amount: Less then $100

 

Notes:

  • Payliance has provided proper Validation on this debt.
  • Disputed this account with Experian, came back verified.
  • Payliance's attorney is currently collecting on this debt.

 

Statue of Limitations: (EXPIRED) 3 Years - (O.R.C. §1303.16 ©)

 

-------------------------------------------------------------------------------------------------------

 

I am not worried about anyone trying to file suit in this debt, since it is so small. What are my options?

 

I can try WhyChat's SOL Letter, or a PFD Letter. I don't know of any case law to help strengthen my case. I just want this gone off of my reports.

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Update:

 

Original Creditor: Pizza Hut

Collection Agency: Payliance (CybrCollect)

Amount: Less then $100

 

Notes:

  • Payliance has provided proper Validation on this debt.
  • Disputed this account with Experian, came back verified.
  • Payliance's attorney is currently collecting on this debt.

 

Statue of Limitations: (EXPIRED) 3 Years - (O.R.C. §1303.16 ©)

 

-------------------------------------------------------------------------------------------------------

 

I am not worried about anyone trying to file suit in this debt, since it is so small. What are my options?

 

I can try WhyChat's SOL Letter, or a PFD Letter. I don't know of any case law to help strengthen my case. I just want this gone off of my reports.

 

 

What, exactly, did they provide in terms of "validation?"

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They responded with a copy of the original check, original creditor, and how they figured the total amount owed.

 

Other then that, there is nothing else. It was a bounced check to Pizza Hut, which Cybrcollect takes care of.

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I guess this wbole thing is fusterating me because if CybrCollect/Payliance doesn't own the debt, and keep telling me to contact the Law Office of Ruphen, then they have no right under the FCRA to report this TradeLine to the CRA's.

 

I guess this wbole thing is fusterating me because if CybrCollect/Payliance doesn't own the debt, and keep telling me to contact the Law Office of Ruphen, then they have no right under the FCRA to report this TradeLine to the CRA's.

 

It's as simple as that, and it's getting no where. A $52 Debt that is outside of SOL is giving me this much trouble.

 

I certainly understand your frustration. However, be comforted in knowing that with such a low debt and it being out of the SOL, it is relatively unlikely they will want to put much effort or expense into giving you a hard time over it. If they do, you can afford to pay the debt and get rid of it. So the way I see it you have lots of advantages.

 

 

I'm a newbie, far from a credit guru. However, lacking any other advice, if it were me I would DV Payliance since they are a new CA that was not previously listed on your CR. There is a chance they will fail to validate, giving you grounds to demand removal of the Tradeline.

 

If they come back with the same "canceled check - we transferred the debt - go talk to the lawyer routine", then I would contest their ownership of the account with the CRA and harass them for its removal. I might be wrong, but I agree, if they no longer own the debt, which their letter seems to say, then they have no right to keep the trade-line on your credit report.

 

In your situation, I would keep hounding them with additional letters and demands, even going so far as a "Notice of Intention to Sue", smackdown.gif hoping they decide its not worth the trouble and write it off.

 

Question is... is it worth all the trouble for you to do that for a $52 debt? As you have already recognized, you could easily spend that amount on CMRRR's.

 

Best wishes...

 

Mad2.gif

 

 

My opinions are just that, a layman's opinions and are not intended as legal advice.

 

 

 

 

 

 

 

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Find out who owns it, whatever method you choose. IMO you know your way around enough to talk on the phone, but the problem is, no paper trail. Up to you. I'd mail it. What's your hurry?

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I guess this wbole thing is fusterating me because if CybrCollect/Payliance doesn't own the debt, and keep telling me to contact the Law Office of Ruphen, then they have no right under the FCRA to report this TradeLine to the CRA's.

 

I guess this wbole thing is fusterating me because if CybrCollect/Payliance doesn't own the debt, and keep telling me to contact the Law Office of Ruphen, then they have no right under the FCRA to report this TradeLine to the CRA's.

 

It's as simple as that, and it's getting no where. A $52 Debt that is outside of SOL is giving me this much trouble.

 

I certainly understand your frustration. However, be comforted in knowing that with such a low debt and it being out of the SOL, it is relatively unlikely they will want to put much effort or expense into giving you a hard time over it. If they do, you can afford to pay the debt and get rid of it. So the way I see it you have lots of advantages.

 

 

I'm a newbie, far from a credit guru. However, lacking any other advice, if it were me I would DV Payliance since they are a new CA that was not previously listed on your CR. There is a chance they will fail to validate, giving you grounds to demand removal of the Tradeline.

 

If they come back with the same "canceled check - we transferred the debt - go talk to the lawyer routine", then I would contest their ownership of the account with the CRA and harass them for its removal. I might be wrong, but I agree, if they no longer own the debt, which their letter seems to say, then they have no right to keep the trade-line on your credit report.

 

In your situation, I would keep hounding them with additional letters and demands, even going so far as a "Notice of Intention to Sue", smackdown.gif hoping they decide its not worth the trouble and write it off.

 

Question is... is it worth all the trouble for you to do that for a $52 debt? As you have already recognized, you could easily spend that amount on CMRRR's.

 

Best wishes...

 

Mad2.gif

 

 

My opinions are just that, a layman's opinions and are not intended as legal advice.

 

CybrCollect/Payliance is not a new CA on my reports. They just updated the name of the CA to Payliance.

 

As I already said in my previous post, they have provided proper Validation, so I can't do the DV route. I've already disputed this account with Experian.

 

Paying this debt would not make it go away, I need a PFD.

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Find out who owns it, whatever method you choose. IMO you know your way around enough to talk on the phone, but the problem is, no paper trail. Up to you. I'd mail it. What's your hurry?

 

I called them before I updated my post.

 

CybrCollect/Payliance OWNS this debt. They merely hired their "attorney" to collect on this debt. I got all of that without them ever really finding out who was calling, so no harm done.

 

It was funny, she kept asking for my last name, and I asked why do you need that? We need to make a notation on your file that you called. CLICK.

 

But this is the correct information:

 

 

Update:

 

Original Creditor: Pizza Hut

Collection Agency: Payliance (CybrCollect) - They OWN this debt.

Amount: Less then $100

 

Notes:

  • Payliance has provided proper Validation on this debt.
  • Disputed this account with Experian, came back verified.
  • Payliance's attorney is currently collecting on this debt.

 

Statue of Limitations: (EXPIRED) 3 Years - (O.R.C. §1303.16 ©)

 

-------------------------------------------------------------------------------------------------------

Edited by GoHooterGo

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Subscribed for updates on this. I'm staring at a $54 paid collection back in Dec 2006 from Payliance, formerly Tiger Tranz. Please keep updating any relavent info.

It sounds like a tough one.

Thanks.

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Jigs same here have a old check from 2008 that was paid but Payliance is trying to collect on the NSF fee of $30.00. Account was originally listed as TigerTranz sent off DV they deleted then replaced with Payliance. Validation was in the form of copy of returned check. Sent PFD they refused.

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Subscribe me to this thread as well. I have an old bounced check from 2006 that was NSF. I sent DV to Payliance, they sent back a copy of the cancelled check. The amount of the check was $40.00 and with their fee the total went to $65.00, so I sent off a PFD as this is only reporting on Experian, but they sent a letter back saying they do not accept settlement offers. However, they do welcome me to call them on the phone to discuss my account further. No discussion needed, IMHO.

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Well as we know, validation comes from the OC, not the CA.

 

Take a look at the Wollman FDCPA FTC Opinion Letter:

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

 

Based off this and what you posted, this is not proper validation. Now, you need to clear something up. I would request information under FCRA 623 or the FDCPA 811 if they "own" the debt. If they own the debt, is it "assigned" to the LAW OFFICES OF XXXX XXXXXX. OR if they sold the debt. If they sold it, demand removal of the item as they no longer have the authority to report it.

 

Hope that helps,

 

VERY IMPORTANT... BEFORE DOING A 623, YOU MUST MUST MUST DISPUTE WITH THE CRAs AND WAIT FOR THE RESULTS. OTHERWISE, YOU LOSE YOUR RIGHT TO A PRIVATE CAUSE OF ACTION.

 

 

 

 

Edit: I just noticed that this is a very old post. But my reminder to do a CRA dispute before starting the 623 process is till important.

 

Tsaul... please don't dredge up such old posts and subscribe to them. You should start a new post if you have the same issue and the original post is so old. Othewise, people don't notice that it's an old thread and the original issue may have been resolved. Thank you.

Edited by Jaymes

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The last post in this topic was posted 3141 days ago. 

 

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