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need some help on a letter

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wagszrx

Junior Member
What is the name of your state? Oregon This is letter i got from a CA after they recived my DV letter.





CREDITORS INTERCHANGE


03-14-05

My name and address #######

RE : sherman acquisitions

ref ###
acct ###
original creditor ( if applicable ) bank of america

My name

creditors interchange is in receipt of your recent dispute on the above mentioned account. please be advised that we have notified our client regarding your concerns and have consequently returned the account back to them for closure.

if you should have any questions relative to this account, please contact the above mentioned client.

this is an attempt to collect a debt and any information obtained will be used for that purpose. This a communication from a debt collector.

new york city department of consumer affairs license number 1168153

sincerely

customer relations division
of creditors interchange


and shermans TL is still on my credit report. then on april 1st i got a letter from eskanos & adler


ESKANOS & ADLER
Attorneys at law 2325 clayton road
Concord , ca 94520
Ph. #####
FAX #####


##### amount at assignment $2,701
my name post-assignment interest $1.48
address other.00
city state total$2,703
03/25/05
RE: acoount number ###### /Sherman acquisition lmtd. Part the above-named creditor has retained our firm to collect the above identified debt. As of the date of this letter, we compute the amont you owe as the increase with the further passage of time. Our client has informed us that you have requested it to cease and desist any further contact wih you. We are required to send this “validation letter” notwithstanding your request. Your request for no further communications does not limit our clients right to invoke remedies authorized by law. You may contact us as provided below or by calling toll free 1-800-BITE-ME “HA HA” ext 40##

This is an attempt to collect debt and all information will be used for that purpose. This is a communication from a debt collector.unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid. If you notify us in writing within the 30 day period following your recipt of this notice that you dispute this debt, or any portion of it we will stop all collection activity until we obtain verification of the debt or a copy of any judgment and mail it to you. If the above creditor is not your original creditor and you submit a written request within the 30 day period following you receipt of this notice for the name and address of the original creditor, we will stop all collection activity until we mail this information to you.

"The state Rosenthal Fair Debt Collection Practices Act and the
federal Fair Debt Collection Practices Act require that, except under
unusual circumstances, collectors may not contact you before 8 a.m.
or after 9 p.m. They may not harass you by using threats of violence
or arrest or by using obscene language. Collectors may not use false
or misleading statements or call you at work if they know or have
reason to know that you may not receive personal calls at work. For
the most part, collectors may not tell another person, other than
your attorney or spouse, about your debt. Collectors may contact
another person to confirm your location or enforce a judgment. For
more information about debt collection activities, you may contact
the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov."


ESKANOS & ADLER
A PROFESSIONAL CORPORATION

Sighend by 4 different people FILE NUMBER ######



isnt sherman supposed to validate if there still reporting it on my credit report? insted of sending it to another collection agency, or so called laywer?
the letter i got from eskanos is calling there letter a validation letter, and saying is a cease and desist and no further contact with me. i never put that in my DV letter. i said all further contact is to be done by mail only. i am sure that they are violating the FDCPA rules. how can i use this to my advantage?
 


Ladynred

Senior Member
isnt sherman supposed to validate if there still reporting it on my credit report? insted of sending it to another collection agency, or so called laywer?

No, but the tradeline MUST be marked as 'in dispute' until they DO validate - or remove the entry. A CA NEVER HAS to validate, they must just stop all collection activity until they do. Sherman farms out debts to a LOT of collection agencies, they haven't sold anything.

and saying is a cease and desist and no further contact with me. i never put that in my DV letter.

What DID you say in your DV request ? These guys are jerks, they write off form letters, probably never read your DV letter.


i am sure that they are violating the FDCPA rules. how can i use this to my advantage?

Sherman won't validate. They'll quote you Chaudry v. Gallerizo and send you a worthless affidavit to create an 'account stated'. If you get one of those you MUST dispute and reject it directly.

If the account is not marked as 'in dispute' that IS an FDCPA and FCRA violation. Continued collection activity w/o validating IS a violation provided you DV'd them w/in the initial 30 days.
 

wagszrx

Junior Member
this is my DV letter i sent the CA creditors interchange

So I sent this DV letter on march 7th I sent it with a copy of there letter CRRR. They sighned for the letter on march 10th



March 3 2005

My name
adress
city state

CREDITORS INTERCHANGE
PO #####
City state

March 3 2005

Re: Acct #######

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on 02-25-05). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, all future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.



Best Regards,



I looked at my TU report on 3/23/05 and sherman is on there with there TL. i looked at it again today and nothings changed. there is no dispute there. i havnt looked at the other 2 CRA. my DV letter was sent with in the 30 days

so now what action should i take? and the account is still within the SOL . im pretty sure the account is mine
 

Ladynred

Senior Member
Since you mentioned this:
I would also like to request, all future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

they seem to be construing that as a cease and desist, which is completely bogus.

You DV'd Sherman - is Creditors Interchange on your reports ?? If the tradeline is NOT listed as 'in dispute', they are in violation of the law - FDCPA AND the FCRA. Sounds to me like you DV'd CI and they sent it back to Sherman who turned around and gave it to Eskanos & Adler. DV E&A, you have to attack each head of the hydra separately.
 

wagszrx

Junior Member
Creditors interchange is not on my report only Sherman is listed on the TL with the CRA. And the TL is not listed as disputed. When I send my DV letter to the new CA eskanos & adler. Should I just make it a normal DV letter to them, and not mention anything about Sherman on my TL. Then do I need to send a letter to Sherman about there violations of the fdcpa and fcra. What’s the best way to go about this?
 

Ladynred

Senior Member
Should I just make it a normal DV letter to them, and not mention anything about Sherman on my TL.

Send them the 'usual' DV letter, but I would deny their allegation that you told Sherman to cease and desist. I WOULD include that since you disputed the debt, which their client owns, Sherman is in violation of the FDCPA (quote the section) AND the FCRA for not marking their tradeline on your reports as 'in dispute' as required. I would most definitely remind them that they're in violation AND that you are aware of the law and your rights.
 

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