Author Topic: CA "VALIDATES" 6 MONTHS AFTER REQUESTED. CRITIQUE TO RESPONSE PLEASE  (Read 2206 times)

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bmcinto01

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Requested validation and arbitration from a Michigan CA representing the second JDB. The OC is our old buddy Chase. They sent copies of statements only, nothing else. Here is my response. Critique will be greatly appreciated. Also, am I giving away too much or sticking out my neck too far?

Pro Se BK7 Discharged. MTC ARB 2-0. MSJ 1-1.

I am a debtor. Nothing I can do will ever change that. When confronted by a creditor in a court of law or Arbitration forum, I will exhaust all legal and contractual means to protect family and property. I will never act in bad faith or attempt fraud to escape an alleged debt. My defensive or offensive strategies will always be based on my intent and belief in doing what is right and fair.

BK7 Essay: http://www.debtorboards.com/index.php/topic,26562

The Litigator

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  • So, sue me.
Sounds like  good validation to me.

I would just send a follow-up saying this: The alleged debt remains "in dispute".

daryl1689

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Why would they send you $2000.00?  They could violate 1000 times and it would only be $1000.00.

bmcinto01

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Why would they send you $2000.00?  They could violate 1000 times and it would only be $1000.00.

I was under the impression it FDCPA violations are $1,000 per violation. Maybe I'm mistaken.

Sounds like  good validation to me.

I would just send a follow-up saying this: The alleged debt remains "in dispute".

That a good idea. I'll be adding that.

Thanks so much for these critiques. I welcome others!
Pro Se BK7 Discharged. MTC ARB 2-0. MSJ 1-1.

I am a debtor. Nothing I can do will ever change that. When confronted by a creditor in a court of law or Arbitration forum, I will exhaust all legal and contractual means to protect family and property. I will never act in bad faith or attempt fraud to escape an alleged debt. My defensive or offensive strategies will always be based on my intent and belief in doing what is right and fair.

BK7 Essay: http://www.debtorboards.com/index.php/topic,26562

innocentme

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I would not send that letter.

If I responded at all, I would just say the following.
Quote
I received what you claim is validation.  My dispute remains.  I once again elect arbitration to resolve all disputes.

The rest is all not needed.
I am not an attorney.  I just love to know my rights, and to defend them at all costs.  Even if that means going on the offensive.  I'm always nice, until I'm not.

AXXEL

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Requested validation and arbitration from a Michigan CA representing the second JDB. The OC is our old buddy Chase. They sent copies of statements only, nothing else. Here is my response. Critique will be greatly appreciated. Also, am I giving away too much or sticking out my neck too far?

If I could prove the violations, and wish to sue them in federal court, I would send that and a complaint letter.  It worked for me.  They have some nice sample complaints on here in the pro se toolbox.

Like daryl said, 1k max for FDCPA violations.  You may ask for damages though.

Do you have any FCRA or TCPA violations?

CleaningUp

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I generally use the following:

I have received your correspondence of <date>.  The information provided is insufficient for me to substantiate your claim.

This matter remains in dispute.



Reasoning:

1.  Date of their letter...   Establishes the chain of documentation.

2.  Acknowledges information sent, but that it was inadequate for a valid reason.  No need to tell them what was lacking...they get to figure it out themselves.

3.  Restores the "I dispute" placeholder for future use in claiming that they failed to provide adequate validation and/or continued collection activities when such are prohibited.


Seeing as though this letter has only two basic objectives, rejecting their offering and continuing the dispute, don't need to say much else.

Could you say other things?  Sure, but what are you actually going to accomplish?  Not much.   

So, why indulge in a "huff-'n-puff" exercise?


As for suing now?  You can, but this is really not ripe yet.  They'll give you far more if you just play them for a while.


bmcinto01

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If I could prove the violations, and wish to sue them in federal court, I would send that and a complaint letter.  It worked for me.  They have some nice sample complaints on here in the pro se toolbox.

<OMITTED>

Do you have any FCRA or TCPA violations?

I can prove two violations and was spit-balling the others for effect. I don't know about the suing part though. I just want them to move on and get my spot on "TERRORISTS" list, LOL. I'll check on the complaint letters. Thanks for the feedback!
Pro Se BK7 Discharged. MTC ARB 2-0. MSJ 1-1.

I am a debtor. Nothing I can do will ever change that. When confronted by a creditor in a court of law or Arbitration forum, I will exhaust all legal and contractual means to protect family and property. I will never act in bad faith or attempt fraud to escape an alleged debt. My defensive or offensive strategies will always be based on my intent and belief in doing what is right and fair.

BK7 Essay: http://www.debtorboards.com/index.php/topic,26562

bmcinto01

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Seeing as though this letter has only two basic objectives, rejecting their offering and continuing the dispute, don't need to say much else.

Could you say other things?  Sure, but what are you actually going to accomplish?  Not much.   

So, why indulge in a "huff-'n-puff" exercise?


As for suing now?  You can, but this is really not ripe yet.  They'll give you far more if you just play them for a while.




I just made a post before this came up. I'm lobbying to get on the "TERRORIST" list, but I agree with your reasoning. I'm not in a hurry to act on this. I'll be seriously considering your suggestion. Thanks for the feedback!
« Last Edit: June 01, 2012 08:43:24 PM by bmcinto01 »
Pro Se BK7 Discharged. MTC ARB 2-0. MSJ 1-1.

I am a debtor. Nothing I can do will ever change that. When confronted by a creditor in a court of law or Arbitration forum, I will exhaust all legal and contractual means to protect family and property. I will never act in bad faith or attempt fraud to escape an alleged debt. My defensive or offensive strategies will always be based on my intent and belief in doing what is right and fair.

BK7 Essay: http://www.debtorboards.com/index.php/topic,26562

E. Normis Debtor

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I don't respond to PM's or emails for advice on specific circumstances.  My participation in this forum is general in nature, and not intended to create an attorney/client relationship.

CleaningUp

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Re: CA "VALIDATES" 6 MONTHS AFTER REQUESTED. CRITIQUE TO RESPONSE PLEASE
« Reply #10 on: June 01, 2012 09:11:59 PM »
Interesting article. 

The management at Chase, I am sure, are not pleased with the OCC rifling their files.

The question is what remedies would the OCC consider?

They surely are not going to force Chase to write off tens of billions of dollars as bad debt.


bmcinto01

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Re: CA "VALIDATES" 6 MONTHS AFTER REQUESTED. CRITIQUE TO RESPONSE PLEASE
« Reply #11 on: June 01, 2012 10:21:43 PM »
You should also be aware of this:

http://the2012scenario.com/2012/03/occ-probing-jpmorgan-chase-credit-card-collections/

Yes this is in the forums too. That's why Chase doesn't bother me tooooo much. I'll be keeping this  one in the holster. I suspect Chase is selling their accounts to JDBs. Then JDBs are trying to use CAs to collect. I had another JDB try this last year. Thankfully, it seems to have went away.
Pro Se BK7 Discharged. MTC ARB 2-0. MSJ 1-1.

I am a debtor. Nothing I can do will ever change that. When confronted by a creditor in a court of law or Arbitration forum, I will exhaust all legal and contractual means to protect family and property. I will never act in bad faith or attempt fraud to escape an alleged debt. My defensive or offensive strategies will always be based on my intent and belief in doing what is right and fair.

BK7 Essay: http://www.debtorboards.com/index.php/topic,26562

bmcinto01

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Re: CA "VALIDATES" 6 MONTHS AFTER REQUESTED. CRITIQUE TO RESPONSE PLEASE
« Reply #12 on: June 04, 2012 10:36:13 PM »
I sent the reply today. Just stuck with basically writing: not enough information, alleged debt remains in dispute.

Let's see if they trip up again. I definitely have room in the piggy bank for their money!
Pro Se BK7 Discharged. MTC ARB 2-0. MSJ 1-1.

I am a debtor. Nothing I can do will ever change that. When confronted by a creditor in a court of law or Arbitration forum, I will exhaust all legal and contractual means to protect family and property. I will never act in bad faith or attempt fraud to escape an alleged debt. My defensive or offensive strategies will always be based on my intent and belief in doing what is right and fair.

BK7 Essay: http://www.debtorboards.com/index.php/topic,26562