ECON Form Letter: Proof of Credit Card Debt Collector's Ownership -Thanks Trasael Adnepos

[ofuzzy1]

Thank you so much Trasael Adnepos!

http://www.timebomb2000.com/vb/showthread.php?t=208638

Search is your friend! ... You just have to ask the correct question! :scratch:

A friend asked for help and I racked my brains and hdd looking for it.

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I tweaked it a bit the first part up to the "Pursuant to the Fair Debt Collection" and fixed the two #31's from the original.
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DEMAND FOR FULL DISCLOSURE
This document contains 4 pages all must be completed & Notarized.

Re: Account #
name
address
city state zip
Deadline: 20 calendar days from receipt.
At no time are you permitted to contact us by email or telephone or fax, all contact must be via registered mail.
Failure to comply with the above will result in a complaint to both the xx & yy State Attorney's.
Pursuant to the Fair Debt Collection Practices Act at 15 USC § I 692g, Debt Collector shall attach, to this completed DISCLOSURE STATEMENT, a verification, (which means: confirmation of authenticity, by affidavit, or oath, by authorized legal signatory for Debt Collector), of the record relating to each of the following:

1. Name of Debt collector: __________________________________________________ _____

2. Address of Debt collector: __________________________________________________ ___

3. Name of Debtor: __________________________________________________ ___________

4. Address of Debtor: __________________________________________________ _________

5. Account Number(s):________________________________________ ___________________


6. Amount of debt owed: $ __________________________________________________ ______

7. Date this debt became payable: ________________________________________________

8. Did Debt Collector purchase this account from the original creditor? YES_____ NO_______

9. Date and Purchase amount: Date: ____________ Amount: $________________

10. Did Debt Collector purchase this account from a previous debt collector? YES____ NO___

11. Date and Purchase amount: Date: _____________ Amount: $ ______________________

12. The transfer of rights to this account was done by which of the following methods:
a) assignment ____ b) negotiation_____ c) novation____ d) other _____ - explain ____________________________________________________________________________

13. What are the terms of the transfer of rights to this account? __________________________
__________________________________________________________________________
__________________________________________________________________________

14. In regard to this account, Debt Collector is currently the:
a)____owner b)____ assignee c)____ holder d)____ holder in due course e)____other -
explain: ___________________________________________________________________
__________________________________________________________________________.

15. If the transfer of rights to this account was by assignment, was there consideration? YES____
NO_____

16. What is the nature and cause of this consideration? _________________________________
__________________________________________________ ________________________

17. If the transfer of rights to this account was by negotiation, was the account taken for value?
YES _____ NO _____

18. What is the nature and cause of this value? ___________________________________

19. If the transfer of rights to this account was by novation, was consent given by Defendant?
YES______ NO______

20. What is the nature and cause of this consent? (Please attach certified copies of any documents responsive to this request) _________________________________________
__________________________________________________ ______________________
__________________________________________________ ______________________.

21. Does Debt Collector have knowledge of any claim(s) or defense(s) to this account?
YES_____NO______

22. Please state with specificity the nature and cause of the claim(s) or defense(s) to this account known to Debt Collector/Plaintiff? _______________________________________________
__________________________________________________ ________________________
__________________________________________________ ________________________
__________________________________________________ ________________________

23. Were any products or services sold by the Debt Collector to the Debtor? YES___ NO____

23. Please state the nature and cause of products or services disclosed at No. 23 above. __________________________________________________ ________________________

24. Does there exist a verifiable commercial instrument(s) between Debt Collector and Debtor that contains Debtor’s signature? YES______ NO_______

25. If your answer to No. 24 above is YES, what is the nature and cause of this verifiable commercial instrument?(Please attach certified copies of any document(s) responsive to this request.) __________________________________________________ ________________
__________________________________________________ ________________________

26. Does there exist verifiable evidence of an exchange of a benefit or detriment between
Debt Collector and Debtor? YES_____ NO______

28. If your answer to No. 26 above is YES, what is the nature and cause of this evidence of an exchange of a benefit or detriment?
__________________________________________________ __________________________________________________ ________________________________________________

29. Does there exist any verifiable external act(s) giving the objective semblance of agreement between Debt Collector and Debtor? YES_____ NO______

30. If your answer to No. 29 above is YES, what is the nature and cause of this external act(s) giving the objective semblance of agreement?______________________________________
__________________________________________________ __________________________________________________ ________________________________________________


31. Have any charge-offs whatever been made by any creditor or debt collector regarding this account? YES______ NO_______ (If YES attach certified document copies.)

32. Have any insurance claims whatever been made by any creditor or debt collector regarding
this account? YES____ NO_____ (If YES attach certified document copies.)

33. Have any tax write-offs whatever been made by any creditor or debt collector regarding this
account? YES_______ NO______ (If YES attach certified document copies.)

34. Have any tax deductions been made by any creditor or debt collector regarding this account?
YES______ NO _______. (If YES please attach certified document copies.)

35. Have any judgments been obtained by any creditor or debt collector regarding this account?
YES_____ NO____. (If YES please attach certified document copies.)

36. If your answer to No. 35 above was YES, are any such judgments presently in force or effect?
YES ____ NO ____. (If NO, please explain provide a written explanation.) _______________________________________________________________ __________________________________________________ ________________________________________________.

Any failure or refusal whatever of Plaintiff/ Debt Collector to complete and return this Discovery and Disclosure Statement and to provide all verification of this debt requested herein, shall constitute tacit agreement with actual notice to the Court and Defendant/ alleged Debtor, that Plaintiff has no bona fide verifiable claim to this account, and shall further constitute tacit agreement of Plaintiff to waive any and all claims against Defendant named herein, and to pay Defendant for all costs and attorney fees, expended to date or future, in defending against the above entitled action and subject account in this and any future collection action, excepting acceptance in writing of Defendants above Good Faith Offer In Compromise by Order stipulating to immediate dismissal of the instant action and all claims of plaintiff, with prejudice.

Plaintiff is directed to return this completed Disclosure Statement along with all required documents requested and to file one original copy of record in this cause. Plaintiff’s claim cannot be considered if any portion of this form is not completed and returned with the required documents.

In addition to a Discovery Request requiring your timely complete response under procedural law, this is a Request for Verification and Full Disclosure made pursuant to Federal Law, which is codified as the Fair Debt Collection Practices Act at 15 USC § 1692 et seq., which states in relevant part that, “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt” which includes “the false representation of the character, or legal status of any debt” and “the threat to take any action that cannot legally be taken” all of which are violations of applicable state and federal law.

The undersigned hereby certifies under penalty of perjury under the laws of the United States and of the State of ____________ that the answers above given are true and complete, and that documents provided in response are properly authenticated and certified for entry in the court records and Exhibit pursuant to FRE and ER.

__________________ _______________________________ Date completed _____________
Signatory

Printed name of Signatory __________________________________________________ ____

Official Title or Capacity of Signatory _____________________________________________
Notary Information here:

 

[Irish]

Thanks! ! We are getting some weird phone calls and mail, this should help.

PS. If you copy and paste this into Word, change the margins to .75 right and left and it fits perfectly.

 

[ofuzzy1]

bump, just because it needs to float to the top

 

[Penguin Zen]

bump

 

[ofuzzy1]

Attached is a revised version in PDF.

You should fill out:

• Account, name and address lines.
• I suggest using a mailing label.
• And state blanks on page 1 & 4

DO NOT SEND Anything
with YOUR signature on it!​

How to send this?
I suggest you use us mail delivery confirmation:
download this program it will print out a delivery confirmation label -- the program will provide a postoffice experience, except right at home.
www.usps.com/shippingassistant/

-- YOU MUST PUT POSTAGE ON IT
-- Go to the Post Office and have them SCAN, and POSTMARK it. Have them postmark your receipt and the receipt shipping assistant prints. This is your proof you sent it.
-- What to send it in? Use a Larger envelope not a standard size [half fold or larger] - put a small piece of bubble wrap [or something similar] in there to bulk it up -- you're send something special .
-- in shipping assistant select: first class mail, delivery confirmation, 2oz should cost about $2.00

If in 25 days they did not respond, contact the credit agencies explain how they did not respond with a copy of the form and your postal receipt demanding they remove the blemish.

 

[mbabulldog]

What purpose does this form fulfill?

 

[Vicki]

I'm wondering if this is information I could use.

I'm dealing with a situation for my youngest son. He has a collection agency after him for $2400 on a credit card that he hasn't used since 2006 and was paid off back then. (he used it once) His co-signer (Dad) had used the card sometimes after 2006 to 2010 (we have no idea of exactly when) and my son never got a statement, notice or anything telling of purchases made until this year February 2011 when he got a letter of default and collections. His dad committed suicide in April of 2011 and my son was hunted down and pulled through the mill with this NCO company. They called us relentlessly for the first few months following my ex's passing. We told them they were not my sons charges and they didn't care. We called them again and asked them to send us statements of the charges. They sent us 6 statements all of which had no purchases listed but each had interest charges and service charges piled on top of each other and were each mailed to the Co-signer's address.

We then went to a lawyer with this mess and the lawyer said there was nothing we could do since my son was the card holder and was responsible. What a nightmare. I then called the Attorney General's office and they sent me a form to file a complaint and I still have this form sitting here in front of me.

Talk about adding insult to injury. What a nightmare this has been.

 

[Petunia]

CAUTION: I think this form may be intended to use during litigation when the debt collector has sued the debtor. It uses words like plaintiff and defendant and court. I wouldn't use it unless a lawyer had looked at it. Moreover, it does NOT state that by sending this form the sender (alleged debter) is NOT admitting that he/she owes the debt and is NOT admitting that the debt is valid. As I read the form, the sender (alleged debtor) should NOT fill anything out on it including the name of the debtor, debtor's address, etc. -- this form is seeking to get that infomation from the creditor -- if you were to fill it out they might claim you were admitting you owe the debt. (I think Clark Howard may have a form letter on his site to send to a creditor telling them not to contact you, although I have not read it.) Please be careful.

 

[OddOne]

Full disclosure: IANAL - I AM NOT A LAWYER - but I do have a track record of winning court cases against debt collectors as a pro se litigant, due to having credit reports that are crossed up with a few of my relatives. (Transunion thinks I have five SSNs, for example.)


That form would be a PARTIAL validation demand in accordance with the FDCPA (15 USC 1692 sec. 809). I say PARTIAL because it's missing a demand for the last 12 months' worth of payment history of the alleged account, which is a requirement to establish the date of first delinquency and/or date of default, which in turn are needed in order to establish when the Statute of Limitations on the alleged debt has started to run down.

There are a few specific things to beware when sending a validation demand to a debt collector:

1. You could easily trigger a lawsuit. If the collector either has the documentation needed to win in court, or has a big pair of brass balls and wants to try to bluff-and-bluster you into paying on the debt, a validation demand could well garner a response in the form of a process server dropping off a small-claims docket packet.

2. In order to have maximum value in court, validation demands need to be made within the thirty-day timeframe that starts when you receive a dunning notice (which is supposed to be the first correspondence) from a debt collector. (Collectors are required under the FDCPA to notify a debtor of their indebtedness and given the debtor 30 days to dispute the claimed debt within ten days of their having acquired the debt.)

3. None of the rules in the FDCPA apply to original creditors. If you're being contacted by the collections department of the creditor, you need to work with them to resolve the matter amicably without letting it get to the point of being charged off and sold to a collector. Also, if you're working with the original creditor and have an agreement to pay only part of the balance due, make sure to get in writing an agreement to not sell off the remainder as an outstanding debt. This happens a LOT with partial-payment resolutions and could become a nasty surprise if you try to buy a car/house later.

4. Get educated, especially if you're contacted by a junk-debt buyer with a history of aggressive action (e.g., they file a lot of lawsuits). Learn what the FDCPA is. Learn what FACTA is. Learn what the FCRA is. Learn what your state's rules for civil procedure are. Learn what your state's statute of limitations are for the type of agreement you're dealing with (e.g., credit card, open account, etc.) as well as the basic catch-all "contract" SoL. If you're being pursued for a 6-year-old credit-card debt in a state with a 4-year SoL on contracts and 3-year on open accounts/credit cards, you can simply respond to the collector that the debt is out of statute and not actionable, and force them to commit violations of state and federal laws that you can sue them for.

5. If the debt is legitimate, pay it. This shouldn't be necessary to say, but you'd be surprised how many people are trying to weasel out of debts they incurred.

6. Don't try to go it alone. Ask questions, get help, hire an attorney if you can find one in your area that handles consumer collections cases.

 

[OddOne]

I'm wondering if this is information I could use.

I'm dealing with a situation for my youngest son. He has a collection agency after him for $2400 on a credit card that he hasn't used since 2006 and was paid off back then. (he used it once) His co-signer (Dad) had used the card sometimes after 2006 to 2010 (we have no idea of exactly when) and my son never got a statement, notice or anything telling of purchases made until this year February 2011 when he got a letter of default and collections. His dad committed suicide in April of 2011 and my son was hunted down and pulled through the mill with this NCO company. They called us relentlessly for the first few months following my ex's passing. We told them they were not my sons charges and they didn't care. We called them again and asked them to send us statements of the charges. They sent us 6 statements all of which had no purchases listed but each had interest charges and service charges piled on top of each other and were each mailed to the Co-signer's address.

We then went to a lawyer with this mess and the lawyer said there was nothing we could do since my son was the card holder and was responsible. What a nightmare. I then called the Attorney General's office and they sent me a form to file a complaint and I still have this form sitting here in front of me.

Talk about adding insult to injury. What a nightmare this has been.

If your son didn't close the account or at the very least pull himself off it, and left it idle with someone else having access to it, he is responsible for charges incurred unless he can prove the charges weren't his. He is probably gonna have to pony up the $ to cover what Dad did unless he can get a full itemized list of purchases and dates and can prove he wasn't wherever the card was used. CAUTION: This approach can backfire since Dad is a co-signer and thus cannot be an identity thief, and refusing to pay for co-signatories' charges on a credit card may not even be legal in some states.

You should have sonny ask a lawyer about the prospects of suing daddy for leaving him hanging on purchases he didn't make, but that won't involve the collector and the collector won't give two craps about the situation - they only care about getting paid.

From what you've posted, son's gonna have to come up with $2400 or deal with NCO.

 

[Jonas Parker]

Vicki, you can stop the calls by having your son send this letter. Just copy and paste it into MS Word and add the collection agency's name and address, and mail it out registered, return receipt requested.

Date

Collection Agency
Address
City, State, ZIP

Dear Sirs,

I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me by U.S. mail to inform me that you:
• are terminating further collection efforts;
• invoking specified remedies which are ordinarily invoked by you or your company; or
• intend to invoke a specified remedy.

Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.

Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.

Signature

Also check on the statute on the collection of an unsecured debt in your state. In Texas it's 4 years.

 

[Vicki]

OddOne, he didn't close the account but never used it. He was 21 years old and bought a computer and paid $100 per month till it was paid off in 2006. That was all. The original purchase was done before he even received the card in the mail. Once they approved him with his Dad co-signing, the purchase went through.

We called NCO a couple of times and asked them for proof of purchases and they sent us 6 statements all addresses to his Dad and not one had an actual purchase on them. They were all of a balance with interest on the balance and $35 late fees each and every month. (Lord knows how long this went on) These statements were dated 2010. To me if they were serious about not screwing with us, they would offer up the statements showing the purchases. They don't because they probably already know they were not my sons.

I have to say here that neither of my sons had regular contact with their Dad and my youngest lived an hour away from him during this period of time where they saw each other maybe once or twice a year. Dad was not doing well and he took his own life in April 2011 so suing him is out of the question. That's why I said it was bad enough to deal with his passing but for my youngest who was the closest to his Dad to get hit with this at the same time was horrid to say the least.

Jonas, they've stopped calling probably from getting an earful from me. This is not a nice company and they don't care about workin with us to get to the bottom of what happened. They only want money and don't care about anything else. I tried to get something, anything saying what was purchased, when and by who but they refuse to cooperate. That's when I contacted a lawyer and the lawyer said my son was responsible for whoever had access to his card as well as himself so he owes it.

I said so the policy is if someone else uses your card and doesn't pay for months or possibly years, the credit card company has no legal responsibility to notify the original card holder and instead can rack up all these charges before finally coming after the original card holder? The lawyer said, yep, that's right.

What a racket.

Hey, thanks to both of you for trying to help, OddOne and Jonas. Think I'm still going to try the Attorney Generals office.

Vicki

ps.. the statute of limitations in New York State is 7 years.

 

[OddOne]

OddOne, he didn't close the account but never used it. He was 21 years old and bought a computer and paid $100 per month till it was paid off in 2006. That was all. The original purchase was done before he even received the card in the mail. Once they approved him with his Dad co-signing, the purchase went through.

We called NCO a couple of times and asked them for proof of purchases and they sent us 6 statements all addresses to his Dad and not one had an actual purchase on them. They were all of a balance with interest on the balance and $35 late fees each and every month. (Lord knows how long this went on) These statements were dated 2010. To me if they were serious about not screwing with us, they would offer up the statements showing the purchases. They don't because they probably already know they were not my sons.

Then you need a more strongly-worded demand for validation, on the basis that since you reviewed the situation, the debt claimed is invalid since the account was paid in full. Demand a full reconciliation for the claimed debt, including all purchases and a full payment history, and include notice that the entire debt claimed is disputed and will be considered invalid and unenforceable unless it can be fully and completely documented. Be sure to include a mention that simple affidavits (e.g., affidavit of indebtedness) are heresay and inadmissible as evidence in court, and that the purchase/payment history docs must come from the original creditor - this will kneecap a popular means of creating paperwork for a claimed debt that doesn't have any corroborating documentation.

This could well trigger a suit, though, so you (well, he) will need to be prepared to go the distance if it comes to a court case. If they do sue, the first thing son should do is turn right around and hammer them hard in the discovery phase by sending the very same documentation demands, along with all the docs needed to prove the collector is licensed to collect in his state and documentary proof that the collector has the authorization to collect (read: provide the chain of title for the debt), and be sure to include the requirement that docs relating to the account for which the debt is owed have to come from the original creditor. If they send any affidavits, he should move to dismiss them as hearsay since they aren't directly involving the original creditor or the debtor.

ONLY deal with collectors in writing. NEVER talk to a collector on the phone. NEVER. NNNNNNEEEEEEVVVVVEEEEERRRRR. The reasons: (1) admitting any liability is admitting all liability, and the SoL stops tolling and comes off the table as far as affirmative defenses go if you acknowledge any part of a claimed debt as even possibly being legitimate; and (2) the lawyer's credo comes into play: if it's not in writing it doesn't count. All mail should be sent CM:RRR (Certified Mail: Return Receipt Requested) so as to firmly and categorically establish that your mail was sent and received. (Just CM:RRRing a validation demand to a junk-debt collector has been known to make them back off, as it shows they just dunned a hard target.)

NCO is a bottom feeder, a junk-debt buyer, and they do sue pretty regularly if they think they can scare a target into paying up or if they think the defendant would be a no-show (which means an automatic win for them). If they get hit hard with a thorough doc demand, it sends them the message that you're not gonna be a soft target and it might be too costly to pursue.

 

[Kable]

This is great info to have, even if it's not needed personally... there may be a friend or family member that will. Thank you. Unfortunately I don't think it's something I can use. The ex wanted the house in the divorce, (for my sons sake of course) with the stipulation that she refinance or sell by a certain date and remove me from the note... instead she opted to go in to foreclosure. My only option would have been to take her to court for a hand slap and contempt charge. Would have done nothing for me or my credit, except set me back a large amount of $ for an atty, court costs, and trips back to FL to deal with it. Talked to several attorneys down there and they were all in agreement... I'm stuck. I was never "served" during the process, but did receive a letter general delivery one day months in to the process. Hoping I can find a way to fix the credit report once the smoke is cleared due to mistakes in filing or something of that nature. Anyone have experience with that? I've learned that I'm not alone in this situation...

 

[Vicki]

Then you need a more strongly-worded demand for validation, on the basis that since you reviewed the situation, the debt claimed is invalid since the account was paid in full. Demand a full reconciliation for the claimed debt, including all purchases and a full payment history, and include notice that the entire debt claimed is disputed and will be considered invalid and unenforceable unless it can be fully and completely documented. Be sure to include a mention that simple affidavits (e.g., affidavit of indebtedness) are heresay and inadmissible as evidence in court, and that the purchase/payment history docs must come from the original creditor - this will kneecap a popular means of creating paperwork for a claimed debt that doesn't have any corroborating documentation.

This could well trigger a suit, though, so you (well, he) will need to be prepared to go the distance if it comes to a court case. If they do sue, the first thing son should do is turn right around and hammer them hard in the discovery phase by sending the very same documentation demands, along with all the docs needed to prove the collector is licensed to collect in his state and documentary proof that the collector has the authorization to collect (read: provide the chain of title for the debt), and be sure to include the requirement that docs relating to the account for which the debt is owed have to come from the original creditor. If they send any affidavits, he should move to dismiss them as hearsay since they aren't directly involving the original creditor or the debtor.

ONLY deal with collectors in writing. NEVER talk to a collector on the phone. NEVER. NNNNNNEEEEEEVVVVVEEEEERRRRR. The reasons: (1) admitting any liability is admitting all liability, and the SoL stops tolling and comes off the table as far as affirmative defenses go if you acknowledge any part of a claimed debt as even possibly being legitimate; and (2) the lawyer's credo comes into play: if it's not in writing it doesn't count. All mail should be sent CM:RRR (Certified Mail: Return Receipt Requested) so as to firmly and categorically establish that your mail was sent and received. (Just CM:RRRing a validation demand to a junk-debt collector has been known to make them back off, as it shows they just dunned a hard target.)

NCO is a bottom feeder, a junk-debt buyer, and they do sue pretty regularly if they think they can scare a target into paying up or if they think the defendant would be a no-show (which means an automatic win for them). If they get hit hard with a thorough doc demand, it sends them the message that you're not gonna be a soft target and it might be too costly to pursue.

OddOne, you are too cool!!!

You give me back my spunk and I had it for awhile there but I got frustrated. Thank you for giving that back to me. I'm on it!

 

[Vicki]

This is great info to have, even if it's not needed personally... there may be a friend or family member that will. Thank you. Unfortunately I don't think it's something I can use. The ex wanted the house in the divorce, (for my sons sake of course) with the stipulation that she refinance or sell by a certain date and remove me from the note... instead she opted to go in to foreclosure. My only option would have been to take her to court for a hand slap and contempt charge. Would have done nothing for me or my credit, except set me back a large amount of $ for an atty, court costs, and trips back to FL to deal with it. Talked to several attorneys down there and they were all in agreement... I'm stuck. I was never "served" during the process, but did receive a letter general delivery one day months in to the process. Hoping I can find a way to fix the credit report once the smoke is cleared due to mistakes in filing or something of that nature. Anyone have experience with that? I've learned that I'm not alone in this situation...

I don't have any advice for you Kable but I feel your pain and lend my support and prayers. These things that are happening to people are wrong and I honestly believe they are way more widespread then we realize. Precisely why people are taking to the streets today. Bottom feeders and people looking to make money for nothing and chicks for free. Yep.. no wonder this world is so screwed up and yes that song just popped into my mind writing that.

 

[ofuzzy1]

I strongly suggest you never send your signature on any documents to the collection thugs.

 

[Ender]

Thread drift-

I miss Tras.