Company claims I owe money. I have asked for copies of original contract, as I have none. They have sent me pages of copied material, most are unreadable. Recently a 3rd party collections agency sent 125 pages. The contract is 2 pages. The backside has what appears to be a sticky note or sticker covering 1/4th of the back page, covering what looks like some of the repayment requirements. Is this a valid copy? Will the courts see it as valid enough, even though the complete contract cannot be read competely? This was my 3rd default notice to them to produce a valid contract, between the 3rd party collections agency and myself. The contract with the 1/4 page covered up doesn't even mentiont the 3rd party collections agency. Im ready to sue them. Any help apprecated.
I feel in your case, it will be what the judge considers "proper validation", and the producing of a contract (even copied badly) conveys the "probability" that the debt is indeed yours. The FDCPA is a bit vague on what construes proper and full validation, and recent cases are reducing the burden on creditors. I'd recommend caution in proceeding legally with this one, I have a feeling the "original" contract would show up in court.
Like I said.. the contract that this 3rd party collections agency sends, DOES NOT even mention their name.. even if it is 3/4ths complete.. So if they do produce a full ORIGINAL (which I have been asking for for over 8 years) it still would not create an adheasion contract or any other kind of contract between myself and this 3rd party collections agency.
All they have to prove is that you used the account. Them sending the card is the offfer, your use the acceptance. A copy of the contract is not necessary. As Bizwiz said, you probably will not prevail with this. If they have proof that you used the account, the judge will accept that as validation. What type of account is this? If it's been delinquent and never brought current for eight years, it may be out of SOL, unless you've done something to reset the SOL.
lack of complete contract invalidates claim? This has nothing to do with an account with the 3rd party collections agency. the account is with another party, for whom I will be taking to court later this year (after I find an attorney to assist me). both original creditor and now this 3rd party collections agency have failed to produce a complete copy of the original contract. The original creditor was notified that my contract was lost in a fire. I have no way to verify the contract, nor its contents. this is NOT a credit card case, but consumer debt case, which resulted via contract. Statutes of limitations may not apply to this case. This is why I need the COMPLETE contract, so I can verify the terms of the contract and proceed with the original creditor from that point. I catagoricaly refuse to deal with 3rd party collections agencys.
If the debt has been sold, not assigned, you will have no option but to deal with the collections agency. If the debt was sold, the original creditor no longer has a right to collect or to deal with you. The collection agency is the owner of the debt. If it was only assigned, the original creditor could pull it back. If it has been purchased, the CA must obtain the proof from the OC and provide it to you. If the debt is sold and you sue the original creditor, the suit will quickly be dismissed when the OC produces evidence that they have sold the debt and no longer have any rights to it. You will demand the contract as part of discovery when you sue them. Until then they will probably not produce it.
Right.. thats what I figured. Im going to have to sue to get a complete copy, or have the claim dismissed, and have the courts enjoin the collections company from trying to collect the alleged debt.
A word of caution here, you stated that you once had a copy of the original contract, but it was lost in a fire (while in your care). Stating this in front of a judge (by either party) would probably be enough for a judge to say the obligation of the debt is valid. Your only recourse then is disputing the amount of the debt, perhaps challenging how they've calculated the alleged total. Again, be careful here. I'm just getting the feeling you may be better off negotiating a settlement for this debt.
Were you paying them the entire time? If it's like a credit card, it's usually from the last payment that the SOL is counted. If it is a loan with payments, however, I suspect that each due amount operates under its own SOL. You've been hinting, I think, at the latter. You have admitted here that there's a contract with someone, you just don't know what it says because you didn't secure it and let it burn up in a fire. Any party can be assigned all rights to that contract, that includes this 3rd party collection agency you think you don't have a contract with.
