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Diversified Investigative Services contact by e-mail

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Posts: 7
Credits: 335.25
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from Victor Burns
to myemailaddress
date Mon, Feb 21, 2011 at 8:28 AM
subject Re: Notification of pending charges


DISCLAIMER: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

LAW LOGO.jpg

DIVERSIFIED INVESTIGATIVE SERVICES, LLC.

2727 PACES FERRY ROAD SE

ATLANTA, GA 30339


XXX MY NAME XXX,

Your file was forwarded to our office to process for a pending charge concerning criminal issuance of bad checks which carries civil and criminal penalties in your state of residence, reference www(dot)checkfraud(dot)org for the penalties in your state. This case stems from a payday loan you obtained. This loan was traced back through the IP address of the computer used, email address linked to you, and personal information provided including your social security number.

We have all the information needed to move forward with the case, however according to your state regulations, we have to notify you of the pending charges and provide you with an opportunity for voluntary restitution outside of any legal proceedings.

The case will proceed with the person linked to the social security number provided and we are required to make one attempt to contact you. If you wish to resolve this voluntarily outside of court you can pay via debit, credit, or prepaid card through our secure payment website, (their website), or call into the office to speak to a claims processor directly. Your case balance is $740.00 which is payable in 72 business hours of the notification date. Every day that you do not have a settlement agreement on file with payment information, interest and late fees accrue.

This is a documented attempt to comply with state and federal regulations to notify you of your obligation and will be the only communication that will be issued from this office.

Thanks,



Victor Burns

Client Relations

----------------------------------------------------------------------------------------------------------

I replied with this:

Mr. Burns,

Please provide written documentation from the original creditor showing proof this is a valid debt owed by me.

-----------------------------------------------------------------------------------------------------------

And received this:

Mr. XXXXXX-

Please see the attached. This was the information forwarded over to us from the bank and the pay day loan company, Cardinal Management. This was a payday loan obtained online so there were no physical signatures but an electronic signature agreement authorized by yourself. We are a mediation firm hired by the attorney handling your case, to get a statement from you as to whether there was a malicious attempt to defraud the loan company due to your failure to uphold the contractual agreement you signed to repay the loan in the specified time frame, and from the bank as to whether the electronic check sent through by the payday loan company to repay the loan intentionally came back insufficient funds. That is where the fraud and the criminal issuance of bad check charges are stemming from. The burden of proof and responsibility to maintain any original loan documents and promissory notes for up to seven years after receiving the loan rests with you, the debtor. If the case is not mediated and goes to court, the attorney will request all internet paperwork, computer address and any information needed to support their case. All we need from you is a formal statement as to whether these charges are true and if you would like to mediate outside of court voluntarily and outside of any charges being filed by the company.

The attached file is a .pdf file named DEMAND LETTER.

It reads like this:

[Diversified Investigative Services Letterhead]

My name and previous address

Status: Pending
SSN: XXX-XXX-XXXX (my ssn)
Original Creditor: Cardinal Management
Charge Off Date: 11/30/08
Original Loan Reference Number: 7340132
Total Balance Due: $740.00

Bank: Wells Fargo Bank
Checking Account Number XXXXXXXXXXX (my account that is closed)
Routing Number: xxxxxxxxxxx

File Number: 705544
Notice Date: 2/21/11

Dear Mr. xxxxx,

This is a demand for payment of the original debt incurred by you as identified above. The office has been assigned or has purchased the above referenced debt and all your rights and obligations regarding this contract have been transferred to this office. This office considers this a very serious matter.

Your past due contract is currently being reviewed to determine the appropriate action by this office. If you choose to resolve this matter voluntarily, you may take one of the following actions:

1. Pay the balance in full immediately with certified funds upon receipt of notification.
2. Acceptable payment arrangements to be finalized on or before 2/25/11

If you choose to not take action toward voluntary restitution, this office will without further notice declare the entire balance due with interest and proceed accordingly.

You may contact this office Monday through Friday 9:00 AM to 6:00 PM; please refer to the file number and status indicated above. Federal law requires us to notify you this is an attempt to collect a debt; any information obtained will be used for that purpose.

Thank you,
Jessica Brown
Sr. Paralegal
678-668-9467/877-275-9162

-----------------------------------------------------------------------------------------------------------

I then called Cardinal Management customer service at 866-943-6713. I gave her my name and SSN. She said I was not in their system. I asked her about Diversified. She said she knows who they are, but she can't find me in their system and told me I should get everything I can from them to find out if this is valid or not.

So...How do you guys think I should go on with this. I have no idea if this is a valid debt. It's possible but at this point, I'm skeptical. I've never heard of Cardinal Management until now, and I've never received any phone calls or snail-mail on this. Just this e-mail? I don't want to ignore it. I travel for work and have absolutely no time to be flying around and going to court for a stupid PDL. I did have a dumb streak a few years back and took out pdls online but i thought i had them all paid off. Thanks.




justchargeit
Posts: 7
Credits: 335.25

Sub: #1 this is what I was sent today: [COLOR=#000000][FONT=Verdana]Mr.
Tue, 02/22/2011 - 17:08

this is what I was sent today:

[COLOR=#000000][FONT=Verdana]Mr. xxxxxx-


I fully understand your concern, that is the original creditor who forwarded your file to us. It is possible that your file was sold to them by a previous company after it was deemed noncollectable, which in the payday loan industry happens all the time, but we only see on the file what company owned your file when it was transferred. [COLOR=#000000][FONT=Verdana][COLOR=#000000]We do not even have access to corporate information for original creditors. It violates our client agreement with the attorneys we work with to give out their clients' contact information or corporate information. I am sure Cardinal Management has their information displayed online however unfortunately I can not risk our company by violating the terms we operate under. Also, once your file was transferred and sold to the attorney, the original company would no longer have you in their system if you did call them. In your original communication you were given a 72 hour mediation time frame from Monday which still stands, so we will just need a final statement and decision from you before that deadline.[/COLOR][/FONT][/COLOR][COLOR=#000000]

Thanks,


Victor Burns
Client Relations
[/COLOR]

[/FONT][/COLOR]
------------------------------------------------------------------------ ------------

I don't understand how they can give me a 72-hr ultimatum without me knowing who this bill is for? There has to be a way to keep this frozen without them being able to sue me so I can find out if this is legit or not?????




Rance
Posts: 8
Credits: 198.55

Sub: #2 "The burden of proof and responsibility to maintain any original
Tue, 02/22/2011 - 22:41

"The burden of proof and responsibility to maintain any original loan documents and promissory notes for up to seven years after receiving the loan rests with you, the debtor."

At first I misread this as after 7 years, and that they were trying to get you to reaffirm a debt that had run the statute of limitations. Rereading it, they are saying: "What proof do you have that you owe a debt...yes, that's the one we are talking about." The con-artist standard, you know you owe someone, and that's the one we're collecting for. They certainly would have the burden in court of proving a debt. They have not stated a claim for a debt for you to admit or deny, if they had proof of such a claim I would think they would produce it, or at least be able to say who the original debt was with...if they can't do that, how can they prove the debt in court. They have practically admitted they cannot state a claim for a debt, and if that is the case, would seem to be threatening abuse of process to extort money...itself actionable and possibly criminal. But I'm not an attorney and don't have all the facts...apparently neither do you nor do they seem to either, so it's pretty much a philosophical issue. Do they have a physical address? Are they registered with their Secretary of State as a business? I assume they want you to pay by Western Union, rather than U.S. mail...

There are criminals perpetrating fraud out there contacting people. They must be getting at least names from within the industry, even if just employees stealing and selling them, of likely marks. I got a call from a guy with little command of the English language and a foreign accent claiming to be an assistant prosecutor with the California Attorney General's office. When I told him the bar registration number he gave came back negative from the California Supreme Court attorney registration site, he laughed. At least he's enjoying his work. Hung up on me, never heard back.




justchargeit
Posts: 7
Credits: 335.25

Sub: #3 Well i have no idea what to do here. I don't want to go to cour
Wed, 02/23/2011 - 19:11

Well i have no idea what to do here. I don't want to go to court and end up with a judgement on my credit report, but I don't want to pay out money for a bill I have no idea who it's for? I just don't understand how I can be given a 3-day ultimatum or else....All i want is validation. The guy says he can't trace it back to original loaner b/c of attorney/client privileges...that they just work for an attorney to take a statement from me on to pay in 3 days or not...but w/e i don't get it.

I e-mailed him that under law I have the right to receive validation of the debt through the mail before any further action can be taken by him. I have no idea if that's even true but we'll see how they respond i guess.




Rance
Posts: 8
Credits: 198.55

Sub: #4 "attorney/client privileges" ROFLMAO Like with doctor/patient pr
Wed, 02/23/2011 - 19:48

"attorney/client privileges" ROFLMAO Like with doctor/patient privilege, wouldn't that (if ever applicable here) be waived by party filing suit...who'd they buy the debt from?!? That's their information, they own it, seems utter nonsense to me. I'd press them immediately for information tying them down to a physical location, actual identification. Doubt you'll get it. These seem to me likely to be folks last place they want to wind up in is court. They can give you a 3-day ultimatum same way they can stick a gun to your head. They have not stated a claim for you to admit or deny, just some speculation that you likely owe someone and trying to scare you into paying them. Get their specifics; research them on your own too.




Rance
Posts: 8
Credits: 198.55

Sub: #5 "The guy says he can't trace it back to original loaner b/c of a
Wed, 02/23/2011 - 19:50

"The guy says he can't trace it back to original loaner b/c of attorney/client privileges"

Just re-read that. Right, because they don't own the debt, if any.




justchargeit
Posts: 7
Credits: 335.25

Sub: #6 i can't find them when searching the Georgia secretary of state
Wed, 02/23/2011 - 21:01

i can't find them when searching the Georgia secretary of state web site. that means something i assume?




Rance
Posts: 8
Credits: 198.55

Sub: #7 And the company they make reference to is "online", must be real
Thu, 02/24/2011 - 10:46

And the company they make reference to is "online", must be real then huh, but is apparently uncontactable? http://www.debtconsolidationcare.com/paydayloan/about5039 9.html




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #8 well how about doing this as this place has broken the law thems
Thu, 02/24/2011 - 14:21

well how about doing this as this place has broken the law themselves.first show me the law or statute where you are informed by email of all things of criminal charges.second ignore the part about the privacy as they sent it to an email that anybody can read is hardly private.so i hope you get where i'm going.this place is a bottomfeeding slime that should be reported,not paid.file an AG complaint and forward any emails these lumps have sent you.i'm laughing at their stupidity and hope you will file the complaints




Rance
Posts: 8
Credits: 198.55

Sub: #9 Quote: Your file was forwarded to our office to process for a pe
Thu, 02/24/2011 - 19:55

Quote:
Your file was forwarded to our office to process for a pending charge concerning criminal issuance of bad checks which carries civil and criminal penalties in your state of residence, reference www(dot)checkfraud(dot)org for the penalties in your state.

That site is a perpetartion in itself, domain names for sale even. Couldn't find anything useful, like the supposed reference to relevant laws by state, only more spam. Why wouldn't one google state statutes directly, even state has code online. But the name "www(dot)checkfraud(dot)org" sure sounds scary. I agree if this was legit, you'd have gotten certified mail...which would be traceable to them (exactly what they don't want.lol)




justchargeit
Posts: 7
Credits: 335.25

Sub: #10 He says 'so the mediation deadline still stands to keep this out
Thu, 02/24/2011 - 20:06

He says 'so the mediation deadline still stands to keep this out of court. what would you like to do.'

i tell him i'll agree to settle out of court WHEN i receive a response to the validation letter i will be sending to your office.

he replies asking how i would like to make the payment. it is now past the 72-hr deadline and he is still in contact. i'll file complaints and also send the validation letter and see if i get anything back from them.




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