All of my closing papers have the title company of Star Title company who acquired New Century Mortgage to handle my mortgage payments on my re-financed home. Well New Century Mortgage went belly-up and sold my loan to HomEq Servicing. For 4 years I have made payments to “HomEq Servicing, Inc. which reads a spill prior to every call, “We are not a mortgage company, we are a debt collector, simply attempting to collect a debt.” I recently read in the news that this happened to a couple and because of lack of proof from the lender, the judge relieved the couple of their balance owed on the home, demanded that the fraudulent lender pay back X-amount of years that they paid to the wrong company maybe? So, the couple were mortgage free with a little extra money in hand. Anybody else read that, or is this wishful thinking (dreaming) ?
The first mortgage bank faxed over an approval letter to our realtor approving the sale of our house and mentioning that they will not go after me for the deficiency. I tried to get the loss mitigation specialist to sign it but she claims she does everything electronically and that the approval is good the way it is.
I had bad experience when I reached a settlement with my second mortgage. After I wired them the money for the settlement amount, they still sent me to collections and they applied the settlement wire to the balance and kept asking for the remaining balance. I had to fax the “signed” approval letter to the debt collector as well as other departments that were not aware of it. I am worried the same thing will happen with the first mortgage after the shortsale goes through and they would still seek a deficiency judgment.
If it is not legally binding, then would her emailing me the unsigned approval letter be sufficient??
Anyhelp would be appreciated.
What does this mean? Will it be deleted from my credit report or did someone else buy it? I sent 10-15 PFD letters but they never accepted.. now this….
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This account was closed on 01/28/2011 and the 3 credit agencies were notified to remove this account from your credit file. A copy of this request was mailed to the address we had on file at that time.  I will forward copies today to the wood Dr address.
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M*** D*** (( I edited his name ))Â
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Assistant Vice President
Portfolio Recovery Associates
This communication is from a debt collector
Following is the summary of a procedure that is widely and strongly recommended on another credit forum. It is touted there as a very effective means to tie debt collectors in a legal knot, and force CA removal or violations in cases where the debt collector has reported to your CR.
It is called the “1-2 Punch.â€Â Debt validation in combination with a dispute to the CRA.
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It works like this:
1. The consumer first sends a DV letter to the debt collector. This letter is sent to invoke the “cease collection of the debt† provisions of FDCPA 809(b).
2. Immediately after that, the consumer is advised to send a dispute to the CRA under FCRA 611(a), with some unspecified allegation of inaccurate credit reporting.
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This so-called 1-2 punch is supposed to tie the debt collector in knots.
It is predicated upon the assumption that, once the consumer sends a DV letter, the debt collector is then prevented from responding to the CRA in the parallel dispute process within the 30-day period set forth in FCRA 611(a) and 623(b).
The supposed dilemma for the debt collector is asserted to be:
If they respond to the CRA dispute, they are in violation of FDCPA 809(b).
If they don’t respond to the CRA dispute within 30-days, they must delete their CA reporting.
That is it.
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I have questioned this process in their forum, opining that response to a legal FCRA requirement that they investigate and report back to the CRA on the dispute is not a “collection of the debt†activity, but rather a required action on their part under the FCRA. The response I get from those in their forum is  “it works for us, so if you don’t like the process, just don’t use it!
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Has anyone heard of, or used, such a process? I reiterate that those on that forum are adamant about this process, and feel that it is legally supported.
I have a credit card that was sent to collections but the debt collector has not reported on my credit report. I want to get the balance off my original credit card but i do not want to risk calling the collection agency and getting a new collection account. What should i do since I want to have the original account to show up as paid but don’t want the collection agency to report to my credit report
Hi guys,Â
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I have been visiting these boards for the last few days, very informative.Â
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I just got a call from a debt collector on behalf of Dell Financial. They claim I owe Dell $615, which is true.Â
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Without agreeing that I owe the money, I offered a PFD just to get it off my credit report. The collection agent flat out refused stating that it was against their agreement with Dell to do that and in some states even against the lawÂ
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He stated that he could settle for a lower amount. I told him if the debt is mine, which I am not sure it is, I would like to pay it in full, not settle for a part of it. He said that was the policy take it or leave it.Â
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What should my next move be?
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Thanks in advance.Â
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Hi all!
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I’m new to this forum and need a little help. For the last two weeks or so, I’ve been getting phone calls from 757-392-xxxx. The message that was left was “this is so-and-so giving you an urgent call regarding documentation that is currently scheduled to be processed. Please return my call at xxx, you will need to reference account x123456.” As far as I knew, I was paying what I owed to everyone. After Googling it I discovered that it is a CA out of VA. Last Wednesday, my boyfriend answered the phone, and gave it to me. I said hello and she started the same spiel. I hung up and within five minutes she called back, he answered again and told her I had to step out for a minute. She asked if he was my husband and he said what do you need? She “claims” that they have been sending me paperwork regarding my account, he told her that we haven’t received anything and that any discussions needed to be via letter and hung up.
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Today I received a letter from them stating the dollar amount due,and that they sent a letter via the USPS on 08/09/2010 and a response was not received, therefore we are exercising our right to initiate collection action.
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I contacted the CCC that they listed who purchased my account and they told me that yes the account had been removed, I asked for the balance and last date of payment. The balance according to the CCC was $9300. However, CA has $13000. The last date of payment was 6-4-6.
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Now, the questions or confusion…  1. The CA had to have broken some law because they talked with my boyfriend about my account AND they did not identify   themselves as a debt collector, right?
2. Do I still send a DV or did they supply that when they sent me the letter?
3. The phone calls were the first things that happened. Should they have sent me a letter first?
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I am so trying to get all my debt cleared up, it has been a long process and maybe one day I’ll be clear!
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Lisa
Related Blogs
- Related Blogs on Confused about DV and dunning
- Are Cops Constitutional ?
Hi,
I posted my situation on consumerist.com and was referred to this forum. Thank you so much in advance for your help – browsing this site has offered me a lot of insight but I would like some more specific advice; apologies if this out of line.
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 My situation:
 I had about 8K worth of dental work done in 2008. My insurance didn’t cover much (I didn’t expect them to – bridges and crowns and partials that I’d needed for years but couldn’t afford because I worked in “the artsâ€). So I arranged a payment plan with my dental office; I provided them with my Amex and told them to bill me $500 a month until I was paid up in 18 months.Â
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They did so rather erratically for a year – every other month or so (they probably weren’t set up for automatic payments and just charged me whenever they remembered). I didn’t get anything in writing though I have all my Amex statements with all my payments.
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At any rate, in June of 2009, I get a call from a debt collector who tells me my dental office has sent my account to collections.
I immediately call my dental office and relay to them what the debt collector had just told me and the office manager assures me that this was a mistake and my account should not be in collections.
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She assured me it would be taken care of and they continue to bill me with the same inconsistency and I, stupidly, assume everything is fine.
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So a few months later, I check my credit report and nothing has changed – my account is still shown as in collections.  So I call the debt collector directly and am told that the dental office has sold my debt (this is a lie – I assume) to them and that the only way this will be removed from my credit report is if I pay the collection agency in full (after which they will report to all three agencies and “expunge†the debt from my report [isn’t this illegal?]).
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I always pay all my bills on time and this is the only blight on my credit report.  At this point – I have about 2K left on the bill, which I want to pay in full.  But who should I pay? My dental office says I should pay them and the debt collector says I should pay them. I have a good relationship with my dental office and I just really want to get this resolved. What documentation should I provide and to whom should I provide it? What do I need to do to have this expunged from my credit report?
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I’ll be around to answer any questions and provide and further details you should require. Thank you so much for all your advice and expertise.Â
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Suki
Back in Novemember 2008, I had a personal loan go to collections after 3 months of not paying. In May 2009, I paid the debt collector off the full amount. The debt collector isnt on my report at all..but The Original Creditor is still to this date reporting it as a “Charge-Off” with a balance of $0. Can they still report this as a charge off every month even though i paid the balance off? And since they are still reporting it as a charge off each month, does that mean its reageing the account?