ParkAvenue
Moderator
Joined: 26 Mar 2007
ParkAvenue's page
Posts: 47
Location: Florida
3872 Magic Points
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Fri Apr 06, 2007 1:57 am
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These bottom feeding collection companies
are driving me crazy.. I'm trying to help a
friend understand whether or not a collection
"lawyer" can RENUMBER a charged off account
>>>They always change original Account numbers.
The Providian charge off was 9-03 and this
collector's name is on Experian as the debtor
[11-03] It is now 4 years old.
>>>A Charge-Off Date does not tell you the
Date of First Delinquency (DOFD) or the Date
of Last Payment (DOLP).
>>>What is the DOFD or the DOLP?
>>>What is the Statute of Limitations (SOL)
for your state?
However - the acct # does NOT match the CC
card #
>>>From my experience, they CAs always change
the original account numbers for their own purposes.
Below this debtor acct # are 2 more PROVIDIAN
collections by a different debtor with the CORRECT
CC#[Transferred to another lender or claim
purchased] ok - MAYBE this collector bought it from
first collector - but now there are 3 collections showing.
TWO for Providian and ONE for the lawsuit debtor -
The $$ amounts do not match.
>>>Only ONE collection agency (CA) and ONE Original
Creditor (OC) should show for an alleged account.
The CA with some ridiculous dollar amount and the
OC with a $0 Balance Due. Dispute the other two
as duplicates or triplicates with the CRAs. DV the other
CAs.
First contact is the lawsuit. [never sent letters, calls etc.]
>>>If they are on your credit report, the CA should
have sent you a Validation Notice within 5 days, in 11-2003.
It's not too late. You may still DV them. Be sure to
Answer the Complaint, as well.
Complaint was filed 2-20-07 just at the statute of limitations
was to expire. >>>How do you know for sure that the SOL
is not expired? They appear to be quite anxious!!! The debt
may very well be time-barred. Be sure to include this
as your Affirmative Defense.
Complaint says the acct was charged off and
it was transferred/assigned to them.
>>>They must prove everything they allege
in their complaint. Since they filed the lawsuit,
they should know if the account had been Transferred
or was it Assigned. Which is it? At any rate, they must
prove ownership, prove that the delinquent debt belongs
to your friend, and prove that your friend owes what they
allege.
However, there has NEVER been any contact by
this collector to the defendant UNTIL the day after
summons was served. They asked if she was going
to pay! She said I will consult my attorney. They
hung up. They may not answer but we will send the
debt validation letter >>>Yes, send the DV letter.
And be sure to file your Answer and Affirmative Defense(s)
within the prescribed time. If you fail to Answer timely,
the CA will win a Default Judgment. Yes, there is always
the possiblity that they may not appear for court, when
they see that your friend will challenge them.
Question: Doesn't the plaintiff have burden of proof that
the acct was sold/transferred - AND proof that this is the
SAME CC# account??
>>>Yes and yes. The Plaintiff has the burden of
proving its entire case against your friend. The Plaintiff
must first produce the original credit application with
your friend's signature along with statements, etc.
Thannnnnks - really stressed out on this one...
>>>Try not to be stressed out. The debt may be
time-barred and/or they may not have their documents
in order. But you will not know for sure until you DV
and file your Answer and Defenses in court. Be sure
to send a copy of your Answer and Affirmative Defenses
via by Certified Mail, Return Receipt Requested to their
attorney.
Good Luck to you and your friend. |
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These bottom feeding collection companies are driving me crazy..
Doesn't the plaintiff have burden of proof that the acct was sold/transferred - AND proof that this is the SAME CC# account??