I am being threatened by an attorney/collection agency that they will sue over a credit card debt that is 4.5 years old. I live in NJ, and don't remember having the card. I have asked for a copy of the original agreement with my signature on it. Anything that would indicate that I opened the account.. All they have sent is a computer printout of some transactions. The refuse to send anything else. They also mentioned some transactions in and around the area I live.. I have not refused to pay them, I just want proof that I owe the debt.. The say they will "procede on their client's behalf"... Why can I not get a copy of the agreement? Is this normal?
What sort of contact have you had with them? Telephone? Written? If written, when? How did you respond? They have a spreadsheet; have you seen a copy?
As Oracle asked, what is this speadsheet? Did it come from the original creditor or the debt collector? It is important to distinguish . . .
No, it certainly isn't. What I want to know is whether that paper came from the OC or the CA. I'm trying to ascertain if there is a FDCPA violation here and more importantly, if there is anything that can show a chain (a real chain that can withstand review).
So you are saying that my signature on a credit card agreement is not required? Could I get a card without my signature? So anyone could have obtained a card with my identity, and it is up to me to prove it wasn't me?
How likely is it that the agency has a copy of the original transactions ? I thought I read some where that the original creditor doesn't typically divulge information on purchases, etc. after charge off. So if the account was sold how likely is it that these charges are authentic. You guys would know better than I would, and I guess the card holder would know if he shops at those places. Also Where is the collection agency based? I read that C.Aâ??s and Law Firm C.A.â??s in Buffalo, NY violate a lot of laws, I would tread carefully because 4.5 is in Stat in N.J if Iâ??m not mistaken but I read on the site below and some other ones that these guys went as far as to make up fake legal documents. You might want to trace the address the majority of the collection agencies use p.o boxâ??s and virtual addressâ??s. http://www.giovelawofficeexposed.com/
You can get a card by applying online. Any receipts signed by you would be proof of ownership of the account.
1) No; particularly, if the application was submitted online or by phone, 2) Yes, see the above; and, 3) Unfortunately, yes. It is not up to you to prove a negative either under the FDCPA or in defending a civil action. It is the creditors burden both under CCPA frameworks and as a Plaintiff.
