Lowes/GE Money Bank -- Round 3

[BrokeIn2010]

Oh those SOBs, now they're trying to soak us for my mother's JC Penney account. One of their stooges called up about the wife's JC Penney account. He started blathering on and I noticed that the balance was about 600 dollars higher. When I cornered this nutsack on the matter, he said that it appears as if the two accounts (my wife and my mother's) have been merged into one account. Come to find out it looks like this might be all the way back to sometime last year.

Got a call in to the legal beagle (he's in court), his secretary said to send a demand for an itemized debt validation to JCP/GEMB and then any charges, fees, or withdrawls that isn't ours or we question, we demand explanation and/or removal from the account and we could be owed a shite ton of cash. Then she said he or one of the partners might have us in after get it and see if there's enough to take it to a higher level against them.

Talk to JC Penney today. They are saying they will refuse to honor any request for Debt Verification and to cease all phone contact (dropped the letters today). The new one: FDCPA was just something I was making up and there is no such law in the US and I needed to stop lying about the law.

[flyinbroke]

JC Penney/GEMB does not have to follow FDCPA though since the laws do not apply to the OCs. So technically, they can refuse to validate or cease contact unless state laws enforce them. Some states include the OC.

[BrokeIn2010]

JC Penney/GEMB does not have to follow FDCPA though since the laws do not apply to the OCs. So technically, they can refuse to validate or cease contact unless state laws enforce them. Some states include the OC.

Where here's the kink: Let's play who owns the debt, cause I've got 3 companies claiming that one debt.

-- JCP claims they hold the debt 100%, and shouldn't be talking to GEMB or NARS

-- GEMB claims they hold the debt 100% and we shouldn't be talking to JCP or NARS.

-- NARS says they bought the debt 100% and we shouldn't be talking to Jcp or NARS.

Three companies, all saying they own the debt, all with variations in the balance of a couple hundred difference in each, each saying don't talk to the other guy, all three threatening collections.

So without the Debt Validation, we don't know who owns it much less what is and isn't really our debt.

And I checked with the AG office and our attorney in TN, they said that in TN OC are supposed to comply with the FDCPA.

[flyinbroke]

No, they will comply with the TN CPA or whatever version it is. FDCPA does not apply to the OC. Many states have a version that is more harsh than the federal law though.

Is JCP owned by GEMB who seemed to buy up all the stores? I had a Dillards card long ago, owned by Dillard Natl Bank...they were bought out by GEMB who promptly closed my Dillards card. This was long ago...they bought a lot of store cards out, and cancelled them.

It depends on who is JCP's bank. It is possible that both JCP and GE are right...while technically it is a JCP card, its bank is likely GE. (just checked JCP site...GE is the bank.)

[BrokeIn2010]

No, they will comply with the TN CPA or whatever version it is. FDCPA does not apply to the OC. Many states have a version that is more harsh than the federal law though.

Is JCP owned by GEMB who seemed to buy up all the stores? I had a Dillards card long ago, owned by Dillard Natl Bank...they were bought out by GEMB who promptly closed my Dillards card. This was long ago...they bought a lot of store cards out, and cancelled them.

It depends on who is JCP's bank. It is possible that both JCP and GE are right...while technically it is a JCP card, its bank is likely GE. (just checked JCP site...GE is the bank.)

Which begs that the question of why each one of them is telling me not to talk to the other, and why they all 3 have different balances