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NEED ADVICE PLEASE

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mountaindew:
Soooo, I have an 7k debt that was charged off about 1+ years ago....Do to losing job and all that blahblah. This debt is now with the
third collection agency that has sent me a notice that the debt was placed with them for collection.

I sent them the DV letter within the 30 days and I received back from them, two copies of billing statements, looks like a copy of credit report and an application that I filled out for this credit card 11 years ago.

 I also requested that they send me PROOF of assignment/placement, ownership of debt. They sent me a letter on they're letter head that basically says the following.

Re. bla bla credit , the issuer of your bla bla card
Client ID:xxxxxx
For: mastercard
Our account# xxxxxxx
Contract date: x/xx/xxxx
Date placed with our agency: x/x/xxxx
total due: xxxx.xx

Dear Me.

In response to your request , this letter is to confirm that the creditor, bla bla card placed the above referenced account with bla bla  for collection

bla bla services has authorized collection on this account by bla bla services.

This communication is from a debt collector. This is an attempt to collect a debt bla bla bla.

Then it was signed by someone at the collection agency. )(no title)


I do not feel that this is valid proof of anything!!!

Should I send them another letter demanding solid proof? Do you think what they sent me is enough validation?

I would rather not have to go to court because I basically think I will lose and I cant afford a lawyer. I would like to make payments but would really like them to show me proof of assignment first before I admit to anything, because I think they purchased the debt.

I would also like to avoid any garnishments or liens.

Let me know what you guys think!   Thank you!!!

AXXEL:
They haven't sued you, so there is no court at this point.

No harm in asking for more verification.

Have you read the arbitration threads on here?  By electing arbitration in a letter to them, it may deter them from ever suing.

Is it with the OC?

mountaindew:
Yeah, I know they haven't sued me yet but I have a feeling that it is gonna happen..They don't call or anything. They have sent the original letter to me and sent me the dv that I requested. I have not spoken to anyone from this company.

Yeah, I have read a little bit about arbitration...maybe I'll have to send them a letter requesting arb.

I don't think it is with the oc anymore....credit report say charged off and this is the third collection agency in the last year attempting to collect.

I paid monthly to the first and then I got a notice from another saying the debt was placed with them. The letters that the second ca sent me basically said call them for a discount on the debt owed. I never called... Now Im at present with the third.

ALSO,  I opened up this credit card in 2000. Would I need to find a contract for 2000 to send them along with the request for arb? Or do I have to use an amended contract from another year? They never sent me one....

debtfree2b:

--- Quote from: mountaindew on July 10, 2012   01:11:29 AM ---Yeah, I know they haven't sued me yet but I have a feeling that it is gonna happen..They don't call or anything. They have sent the original letter to me and sent me the dv that I requested. I have not spoken to anyone from this company.

Yeah, I have read a little bit about arbitration...maybe I'll have to send them a letter requesting arb.

I don't think it is with the oc anymore....credit report say charged off and this is the third collection agency in the last year attempting to collect.

I paid monthly to the first and then I got a notice from another saying the debt was placed with them. The letters that the second ca sent me basically said call them for a discount on the debt owed. I never called... Now Im at present with the third.

ALSO,  I opened up this credit card in 2000. Would I need to find a contract for 2000 to send them along with the request for arb? Or do I have to use an amended contract from another year? They never sent me one....

--- End quote ---

You want all the contracts possible to review. If the original contract is from 2000, it may have an arbitration clause in it that then states it can never be removed, changed or rescinded.  Typically they look for the contract that was in effect about the time you defaulted on the account. If that contract doesn't have arbitration clause in it, but the original one does with a survivability clause then that's good for you.

If you send a letter back you may want to ask for clarification as you've said the credit report shows that it is charged off but that it is with the 3rd collection agency.  You want to know who the OWNER of the debt is. If it has been sold by the original creditor to another company that can work to your favor as it would now be with what they call a JDB or junk debt buyer (read the thread/stickie about CHAIN OF CUSTODY).  They have a harder time proving stuff and buy the debt for pennies on the dollar so going to arbitration may not be in their best interest.

If it is still with the original creditor and at an actual collection agency on their behalf, that is a bit of a different approach. You want to know where you stand in that regard. You could possibly call the OC and ask them if the account has been sold or still in their possession to know.

If you send a letter asking for that you can/should include something like "Please note that if there is an underlying arbitration clause associated with this claim, I hereby exercise it, and waive your litigation rights to this claim, per the underlying arbitration clause."

You should also read up on FDCPA violations and watch to make sure they are not breaking any of them. If they do, document so you can then counterclaim their claim.

arnanda:
They HAVE done their part--they provided you the original contract with your signature from 11 years ago, two itemized statements, and a summary of the information from their collection system (to prove assignment).

How did you think they got the original information?  If you are still disputing, by all means you can still send a dispute letter.  However, keep in mind they have the goods (your signed contract) and the proof of the debt, that is all the evidence they need to take someone to court if that is still an option (you didn't say the DOFD).

Also, a quick call to the OC's collection department will resolve your question. 
YOU: Did you send my account to ABC Collection Agency?
OC: Yes, we did. (or)  No, we didn't.

You have your quick proof of assignment.

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