Argument with my debt collector friend

If your account has been sold to Debt Collectors

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Re: Argument with my debt collector friend

Postby ElaineB » Tue Aug 14, 2012 12:22 pm

jasonessex wrote:DCA's don't purchase/pay off the debt. They purchase the rights to collect on the debt. Whatever they collect they keep even if it's the full amount. Banks write off the debt if they think there's no possibility of a return otherwise it looks bad on their books. Check your credit file and you will see 'SETTLED'.


So to recap.... they pay buttons to whoever to collect, then when they get no joy from us... this shyster then sells that right to collect for less buttons to another shyster....surly the so called debt/right to collect becomes worthless in the end by the time its sold and sold again...love it :lol:

Right why can we not put in GOODF template letters a section that check mates them.... with please provide a deed of assignment, that you are required to once requested, or some verification of your claim, including a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe.

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Re: Argument with my debt collector friend

Postby Shifty1962 » Tue Aug 14, 2012 3:12 pm

jasonessex wrote:DCA's don't purchase/pay off the debt. They purchase the rights to collect on the debt. Whatever they collect they keep even if it's the full amount. Banks write off the debt if they think there's no possibility of a return otherwise it looks bad on their books. Check your credit file and you will see 'SETTLED'.

There is no such thing. If the original debtor has written off the debt (for what ever reason) then it no longer exists so there is no debt. If a credit check shows "settled" then there is no debt. If a third party chooses to purchase the debt for even one penny then the original debt no longer exists as it has been effectively settled by the third party and there is no debt. As the alleged debtee (you) has no prior contract or agreement with the third party debt purchaser to settle the original alleged debt on your behalf then once again as the original alleged debt has been settled to the satisfaction of the original debtor by the third party there is no debt and any purchased debt is uncollectable unless you are daft enough to fall for their bullsh*t.
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Re: Argument with my debt collector friend

Postby jasonessex » Tue Aug 14, 2012 7:50 pm

Shifty1962 wrote:
jasonessex wrote:DCA's don't purchase/pay off the debt. They purchase the rights to collect on the debt. Whatever they collect they keep even if it's the full amount. Banks write off the debt if they think there's no possibility of a return otherwise it looks bad on their books. Check your credit file and you will see 'SETTLED'.

There is no such thing. If the original debtor has written off the debt (for what ever reason) then it no longer exists so there is no debt. If a credit check shows "settled" then there is no debt. If a third party chooses to purchase the debt for even one penny then the original debt no longer exists as it has been effectively settled by the third party and there is no debt. As the alleged debtee (you) has no prior contract or agreement with the third party debt purchaser to settle the original alleged debt on your behalf then once again as the original alleged debt has been settled to the satisfaction of the original debtor by the third party there is no debt and any purchased debt is uncollectable unless you are daft enough to fall for their bullsh*t.

It's crazy i know but there are some who don't realise and pay up through fear. You create a contract when a DCA comes at you and you recognise the debt. Have you checked your cred file? I have and all my entries are settled.
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Re: Argument with my debt collector friend

Postby JSS64 » Tue Aug 14, 2012 9:07 pm

Just found this paerticular thread, very very interesting! I have a couple of questions. What is a deed of assignment? as I have not heard this term before. Is there an Act or statute regarding Deeds of Assignment that I could put in the 3 letter process :?: :?:
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Re: Argument with my debt collector friend

Postby GANGSHIELD » Tue Aug 14, 2012 10:24 pm

JSS64 wrote:Just found this paerticular thread, very very interesting! I have a couple of questions. What is a deed of assignment? as I have not heard this term before. Is there an Act or statute regarding Deeds of Assignment that I could put in the 3 letter process :?: :?:



look here.
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Deed of assignment or Equitable.doc
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Re: Argument with my debt collector friend

Postby ElaineB » Tue Aug 14, 2012 10:57 pm

So again recap..... why can we not put in templates letters something like this......please provide a Absolute deed of assignment, or a Equitable deed assignment that you are required to, once requested, or some verification of your claim, including a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe.

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Re: Argument with my debt collector friend

Postby smilingalltheway » Wed Aug 15, 2012 12:12 am

ElaineB i use deed of assignment in the letters i send, and i agree it's worth having it in there. but i would keep it simple.

deed of assignment / sale and then i go into everything i want from them, receipts etc.. (if you do a search for deed of assignment on the forums there are posts with concepts of letters.

now you will never see a deed of assignment from those critters, because they will nevr show how they really do business.


I wouldn't go into equitable assignment and all that, but in letter 1, i ask for loads of proof....., (i.e. no room to move) i think thers an example in a tmobile thread somehwere on here.
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Re: Argument with my debt collector friend

Postby ElaineB » Wed Aug 15, 2012 3:10 pm

Deed of assignment
Re: what is a deed of assignment?
Absolute - the DCA owns ALL the rights and duties of the original creditor and can enforce the agreement through the courts in their own name.

This next one would appear to be the right to collect would it not! Equitable - the DCA has the right to collect the debt, but needs to work with the Original Creditor if legal enforcement is required. Also they may need to refer to the Original Creditor over certain matters…..

No deed of assignment no legal standing!
…………………………………………………………………..
Smilingalltheway Yes i will keep it simple.

By just editing template slightly, within it I’ll request that they forward to me copies of any Deeds of Assignments they have.

Part of this thread is confusing… with me anyway….Shifty1962 “Will be sunk if they send us a Deed of Assignment”, why!

Whether it’s the Absolute/Equitable or some verification of their claim,that could be they include a lawful contract; a hand signed invoice in accordance with Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe...... are they not all requesting the same thing …. in show us the proof of the alleged debt.... so again why by asking for a Deeds of Assignments sinks us, if they did send one!!!!!!! …
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Re: Argument with my debt collector friend

Postby smilingalltheway » Wed Aug 15, 2012 8:04 pm

seriously ElaineB, you are making this more complicated than it really is, have a read of the samples of the letters i've used including deed of assignment along with the result i got from them, i know theres one there relating to a tmobile thread, but i've done others also.

have a read and look at what i've asked and why i'm asking those questions, cos it covers what you've mentioned but without giving them room to move.

i go to the extreme of congratulating them on their purchase sometimes, but i cover myself for other possibilities also...

They will never give you / show you the Deed of Assignment ever, cos then you would know the deal, plus they're usually packaged in lumps of debts, i don't think they buy one at a time ....... so the assignment may include others also....

this is their business secret you're asking for, the magic spell no one has seen.
I doubt they would spend a few hours striking a deal for for one of those alledged debts, it would be in bundled packages for sure....

I've never seen one that i've requested and i've requested in court for other courts cases unrelated to DCAs for the Deed of ASsignment, and they were reluctant to show it, because they don't want us knowing the nature of their private business deals....

in another case for the same deed of assignment
I shouted at a judge once for not following another judges orders and continueing to make new orders when the first order another judge made requested the deed of assignment and hadn't been complied with...... there were 3 orders sitting on the table and he was going ahead with a new order without following the very first order, they couldn't move forward because of this.

he had to tell me to shut up and not open my mouth, i told him i didn't care and that he wasn't following the first judges order, thats how much they avoid that thing.

because that was someone elses case, even though they wouldn't show it for my case, i forced them to bring that document, they even went on to say it would be received in 2 days and it didn't arrive, so we emailed all parties and a friend wrote to the court telling them we didn't receive it and low and behold it arrived in 24 hours..... so i've seen one (not a DCA one) but the chances of seeing them and getting copies is close to zilch......

(I would do things a bit different these days and perhaps accept that because it was requested and it wasn't provided that it didn't exist.... )


they will use everything never to show you this thing.

if you ask them for little pieces of it, they will be happy to give you snippets, (thats why they love notice of assignment....... but thats like me writing to you telling me you owe me........... thats my notice of assignment.........if you accepted that, then anyone could write to anyone and say you owe me (which is basically what they do).......without proof they own it by sale or have the deed of assignment... if you don't ask them for proof it's actually owed and the nature of the thing it would stand as fact....)

the key is making the DCAs fully liable so they can't move it on requesting the deed of assignment and giving them as little room to move as possible... well thats my choice.

the DCAs i've dealt with don't sell their nonsense on, cos i don't let them do it. some might say this is ego, i really don't care what anyone thinks, i'm saying it's to help people tighten up their process to get their result and stop this fraud we're constantly having to deal with with the DCAs, the sooner we finish the debt collectors off the quicker we can get to work on making other things happen.
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Re: Argument with my debt collector friend

Postby ElaineB » Thu Aug 16, 2012 11:10 am

[quote="smilingalltheway"]seriously ElaineB, you are making this more complicated than it really is, have a read of the samples of the letters i've used including deed of assignment along with the result i got from them, i know theres one there relating to a tmobile thread, but i've done others also.

have a read and look at what i've asked and why i'm asking those questions, cos it covers what you've mentioned but without giving them room to move.
........................................................................................................................................................
Thank you Smilingalltheway,
Right once i find the sample letters i'll keep the editing simple.
I've checked out the Communication thread, there is only two Tmobile threads and they don't have sample letters!

Point me to the link please,if you can, or anyone else who knows where it is.

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