[pokergirl]

Background info: Last November I find a TL on my CR's from a JDB for a debt I have no knowledge of. I quickly send the JDB a DV letter, and send all 3 CRA's letters of dispute. The JDB never responds, while all 3 CRA's verify and update the TL. Fast forward to June (last month), and I decide to do the following:
-send a MOV letter to all 3 CRA's regarding my dispute
-file a complaint with the BBB
-file a complaint with the AG of the state where the JDB is located
-file an ethics complaint with the ACA against the JDB

My results to date:
-one CRA has deleted the tradeline, yay! (I'm still awaiting the other 2 CRA's responses.)
-the JDB has sent me 2 letters, both in response to the BBB complaint (see below)
-the ACA has sent me an interim response
-I'm still awaiting a response from the AG

My official complaint, sent to all the above:

Last year I pulled my credit reports from Experian, Equifax, and TransUnion and found a tradeline from "JDB". I was never notified of this derogatory collection, and thus sent a letter of dispute to "JDB" on 11/26/07. In that letter, I disputed their claim against me, and requested debt validation per my rights under the FDCPA. To date, "JDB" has never responded to me, nor provided any validation of the alleged debt being listed on my credit reports.

Also, in addition to the letter I sent "JDB", I sent Experian, Equifax, and TransUnion letters on 11/26/07 disputing the "JDB" account as not mine. A month later, each credit reporting agency sent me notification that this "JDB" account was verified.

"JDB" has blatantly broken the law in many ways:

1. They haven't reported this account as in dispute to all three credit reporting agencies--a violation of the FCRA. (In addition, they have in essence continued collection activity, another violation of the FDCPA, by this behavior.)
2. They have reported this as an "open" account--a violation of the FCRA.
3. They have reported this as a "factoring company account"--a violation of the FCRA, and the FDCPA. A junk debt buyer like "JDB" calling itself a Factoring Company and calling a debt a "factored debt" is a misrepresentation of the company itself (a FDCPA violation) and a misrepresentation of the nature of the debt (both a FDCPA violation and a FCRA violation when reported as a factored account to a credit reporting agency.) It is a violation of the FDCPA to deliberately misrepresent the amount or character of a debt. Since a JDB placing a tradeline in a credit report is an attempt to pressure a consumer into payment, it is an attempt to collect a debt under false and misleading pretense.

Here is the 1st response sent to me from the "JDB":

Dear pokergirl:

I write in response to the BBB complaint you lodged against "JDB" on or about June 22, 2008. Please accept this missive as "JDB's" response to that complaint and a validation of the debt under the FDCPA.

Please be advised that "JDB" purchased this account from "OC" pursuant to a Loan Sale Agreement dated April 2003 and extended from time to time thereafter. The terms of the Agreement are confidential and proprietary. Accordingly, I will not provide you with a copy. However, I have enclosed several statements showing how much is owed on the account. I would note that the FDCPA does not require that I provide you with a copy of the Agreement, nor does it require that I provide to you all of the information you request in your complaint.

Our investigation into this matter, launched in November 2007 pursuant to your dispute of this debt as required by the FCRA revealed that you failed to pay to "OC" what was due and owing to it under the terms and conditions of a credit card agreement. Our investigation also revealed that the obligation remains outstanding as the date of this letter.

Accordingly, "JDB" has instructed the credit bureaus to report this account as open, and it has engaged "CA" to collect the outstanding balance on this account.

Because you did not attach a copy of your credit report to the BBB complaint or to the November 2007 letter, I do not know what the credit bureaus are actually reporting as to this account. Regardless, I will instruct our office to instruct the credit bureaus to report this matter as open and disputed. If you believe that the credit bureaus have been reporting this account inaccurately, please provide me with a copy of the credit bureau report, and I will look into this matter again.

Very truly yours,

"JDB"

I have many issues with this letter that I'd like to discuss and get your feedback on, so please see next post, thanks!
__________________

[pokergirl]

"Please be advised that "JDB" purchased this account from "OC" pursuant to a Loan Sale Agreement dated April 2003 and extended from time to time thereafter."

I called the OC, who advised me they have no tangible records of this debt. All they had were notes on their computer, which specified that the credit card was charged off in October of 2005!! How could the "JDB" purchase a debt in 2003, that allegedly was being paid on time until it was charged off in 2005??

"The terms of the Agreement are confidential and proprietary. Accordingly, I will not provide you with a copy."

Is this legal? How can they not provide me documentation showing they are the rightful owner of this debt??

"However, I have enclosed several statements showing how much is owed on the account."

What a joke! Enclosed were a few statements that looked bogus, and towards the bottom of each stated: "This document is a copy of your statement. It is for your records only. This copy is not an exact duplicate and may not include messages which appear in the important news block on your original periodic statement." What good are these??

"Because you did not attach a copy of your credit report to the BBB complaint or to the November 2007 letter, I do not know what the credit bureaus are actually reporting as to this account."

Is this guy a clown, or what? He doesn't know--give me a break! From November of 2007 on, this "JDB" never reported the account as in dispute to the CRA's, AND continued to collection activity by continous reporting to the CRA's without debt validation. How are these not violations??

Many thanks to all who have taken the time to read all this! I would really appreciate any feedback and advice, thanks again!

[Hedwig]

What all did you ask for?

If you used one of those letters found many place on the internet that is about three pages long, asking for all sorts of information, the answer is no, they do not need to provide it.

They need to prove that the debt is yours (which does not, by the way, require a signed contract). They should give you an accounting of how the balance was computed--in other words, how much interest they've added at what rate. And they need to prove in some way that they own the right to collect. But that might not require a copy of their agreement with the OC, which could well be proprietary.

[pokergirl]

Originally Posted by Hedwig

What all did you ask for?

I asked for the following:

1. Agreement with your client that grants you the authority to collect on this alleged debt.
2. Agreement that bears the signature of the alleged debtor wherein he agreed to pay the debt.
3. The complete payment history of this account, as proof that the amount of this alleged debt is correct.

I got none of the above!

[Enigma]

Originally Posted by pokergirl

I asked for the following:

1. Agreement with your client that grants you the authority to collect on this alleged debt.
2. Agreement that bears the signature of the alleged debtor wherein he agreed to pay the debt.
3. The complete payment history of this account, as proof that the amount of this alleged debt is correct.

I got none of the above!

Nor or they required to provide it. Now if you file a lawsuit you can ask for what you seek in Discovery.

If you timely requested validation/verification and none was provided, the account was not marked as "in dispute" and they verified with the CRA's, they you may have a cause of action.

Further, a collection account is not an open account and cannot be reported as such.

What type of debt is this, CC, bad check, installment loan, etc?

What is the SOL for your state for the type of debt?

Do you have documentation to prove your position?