Author Topic: Received Validation of Debt from JDB (Debt is under dispute)  (Read 346 times)

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Mestena

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Received Validation of Debt from JDB (Debt is under dispute)
« on: December 19, 2017 09:15:08 PM »
So, I received a Dunning Letter from Portfolio Recovery, concerning an alleged debt which was charged off in 2016. I opened a dispute on this debt in 2014, and again last month. I responded to the Dunning within the 30 day period with this letter, sent certified with receipt:

_________________________________________________

To Whom it May Concern,

This letter is in response to your letter with reference #________.

I dispute this debt in its entirety. Please validate the debt.

Telephone calls are not convenient at any time or location. Communicate by mail only.

If this is indeed my debt, I elect private arbitration per the cardholder agreement.

______________________________________


I received three separate validation packets by regular mail, all with the same set of documents enclosed. The documents show three invoices and payment receipts for online payments made on the account. They did not send any documents with my signature on them, nor did they send these documents by certified mail.

So, what are my next steps? Do I just sit and wait, to see if they do take the case to court? Is there any response I should send to their validation attempt?


Clydesmom66

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Re: Received Validation of Debt from JDB (Debt is under dispute)
« Reply #1 on: December 19, 2017 10:00:56 PM »
I received three separate validation packets by regular mail, all with the same set of documents enclosed. The documents show three invoices and payment receipts for online payments made on the account. They did not send any documents with my signature on them, nor did they send these documents by certified mail.

If they sent actual statements and payment records that is WAY more than they are required to do in order to validate and comply with the FDCPA.  Nothing in the FDCPA requires they send any document with your signature (even if you demanded it) nor that they send it CMRR.  The only reason consumers send it CMRR is to prove they invoked their rights. 

So, what are my next steps? Do I just sit and wait, to see if they do take the case to court? Is there any response I should send to their validation attempt?

What state are you in?  Who is the OC?  How much is allegedly owed?
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

BrokeBob

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Re: Received Validation of Debt from JDB (Debt is under dispute)
« Reply #2 on: December 19, 2017 10:23:08 PM »
When you put the amount allegedly owed in a post, please round it, better still put in a range.  Such as, instead of 14,321.45, put between $14 and $15k.

That makes it a little harder for the bad guys to track your posts. 

Mestena

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Re: Received Validation of Debt from JDB (Debt is under dispute)
« Reply #3 on: December 19, 2017 10:37:26 PM »
I am in Montana. The OC is Synchrony Bank/Lowes. The debt was somewhere around $1000 when it was charged off, but is now closer to $2000 because of a stack of late fees and compounding 28% interest tacked on by SB before they charged off the account.

I should add that the Dunning letter I received was from an attorney retained by Portfolio Recovery, but the validation documents came directly from PRA. This attorney is the same firm who had a $300,000 judgment against them a year or so ago for abusive practices, rewarded to a creditor they were attempting to collect a debt from at the time.
« Last Edit: December 19, 2017 10:45:07 PM by Mestena »

Clydesmom66

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Re: Received Validation of Debt from JDB (Debt is under dispute)
« Reply #4 on: December 19, 2017 10:43:12 PM »
The debt was somewhere around $1000 when it was charged off, but is now closer to $2000 because of a stack of late fees and compounding 28% interest tacked on by SB before they charged off the account.

Yeah, 6 months of late fees, over the limit fees and 28% interest will do that to a debt.  It isn't illegal and now that the debt has been sold won't be changed either.

I am in Montana. The OC is Synchrony Bank/Lowes.

Synchrony has one of the best arbitration agreements out there.  Sit back and wait and see what PRA does.  If they sue you motion to compel arbitration stating you opted for that when you disputed the debt.  Until the SOL to sue expires, you wait.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

Mestena

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Re: Received Validation of Debt from JDB (Debt is under dispute)
« Reply #5 on: December 19, 2017 10:46:41 PM »
I just added this to my previous reply, but in case you missed it:

I should add that the Dunning letter I received was from an attorney retained by Portfolio Recovery, but the validation documents came directly from PRA. This attorney is the same firm who had a $300,000 judgment against them a year or so ago for abusive practices, rewarded to a creditor they were attempting to collect a debt from at the time.

CleaningUp

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Re: Received Validation of Debt from JDB (Debt is under dispute)
« Reply #6 on: December 19, 2017 11:04:15 PM »
In the future when writing dispute letters, I would recommend editing the first sentence to add the date on which you received the dunning letter.

This fixes the starting date for your 30-days to respond.

In this game, little details can be important for making your case.

Mestena

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Re: Received Validation of Debt from JDB (Debt is under dispute)
« Reply #7 on: December 19, 2017 11:48:55 PM »
Good point about the date thing. I did make sure to send it early enough that their signed receipt from the certified letter was well within the 30 days of their Dunning letter, so I could show it that way. Hopefully, this is the one and only time I ever have to go through a dispute process. I make a habit of staying out of debt, for this very reason!

 

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