Hey everyone. I'm new here and I have a question: I have a CA coming after me for an account, whom I have already sent a cease and desist letter to stop the phone calls and a debt validation letter. They DID respond within the 30 days, but they just sent me 5 months of bills, not proof that they own the account, or are licensed to collect in Az, or even a copy of the signed promissory note. My next step is to send a zerox of the previous letter, the proof of mail, and a statement that they have failed to provide the information required by the FDCPA. My question is this : what comes next? do they have all the time in the world to send that information, or is there a time limit where after which i'm "in the clear" ? Any assistance in finding my path from here on is greatly appreciated.
It sounds to me like they did comply with the validation requirements of the FDCPA. All they need to send you, in order to comply with that part of the FDCPA (assuming they sent the required information in the Validation Notice), is information about the debt (the 5 months of bills) and/or the name and the address of the OC (which is probably on the bills somewhere). To comply with the validation requirement of the FDCPA, they DO NOT need to prove anything else to you or anyone else(regardless of what some of the internet validation letters might have you believe). Read the statute from the FTC web site. Unfortunately, if you sent them a cease and desist letter, the only letter they can send you now is the summons to a law suit. I hope you're ready to go to court, these guys sound organized. (sorry to be the bearer of bad news. Perhaps someone can provide some glimmers of hope here).
