Which letter to use? Debt verified, sort of

They don't need to send you a copy of any contract showing that they've been assigned the debt. It sounds like what they sent you meets the terms of validation.

Call the dentist and see if they can pull it back and you can set up a payment plan with them. If they say they've sold it, you'll have to deal with the CA.

 

I'll second what Hedwick has to say here. Yes, you can let it go to a debt collector and you can fight the thing to a victorious end but in your case I tend to agree that the simplest and best way is to just pay it off and be done with it. Make payment arrangements, borrow the money, do whatever you have to do. You will be much better off taking care of the problem that way.

 

People can talk all they want. If you're in court, you may be able to make them tell you. But validation by the FDCPA means they need to give you the name of the original creditor and the amount of the debt. These letters that ask for the world are useless.

When you call the dentist and ask if they can pull the debt back, they'll be telling you if it's sold or assigned. If they can pull it back and work with you, they assigned it. If they say they've sold it, you'll know it's sold.

To say you don't owe someone money because they've been assigned the debt isn't technically true. You need to understand the principle of agency to understand how it works.

 

Hedwig's suggestion is excellent once again. I'd recommend you follow it.

Hedwig also hit the nail on the head when he said they don't have to answer all those questions. Nothing in FDCPA requires them to do any such thing.

On a side note, did you really believe that creditinfocenter has valid information about FDCPA or FCRA? If so what led you to believe that, the fact that the owner or moderator is a pretty good story teller?

If so then I would have to agree with you that it is a fairly good board but what about all the false and misleading information? The board has so much of it that it would take a longer time to fix than I would have left to find it all and do it in.

I was over there a few months ago and saw the reference to the Spears vs. Brennan case. At that time they were telling people that Spears vs. Brennan set the standard for debt validation. Of course, it doesn't do any such thing nor does it even attempt to do any such thing. The case had nothing whatever to do with debt validation.
At that time I pointed that fact out to the moderator and also pointed them to Fields v. Wilburlawfirm which they had never heard of. I see they fixed that little goof but still didn't fix the rest of their nonsensical statements. Just look at this set of bloopers.

More dumb ideas from creditinfocenter. In order to get a judgment vacated one would have to find new information which if known at the time of trial would have changed the outcome of the case. There are other reasons why one might be able to get a judgment vacated as well. Many of them as a matter of fact, but the fact that the lawyer or a debt collector violated FDCPA or FCRA or any other law would not present any new information which would change the outcome of the case had it been known at the time of trial. The purpose of the trial is, among other things, to determine whether or not the defendant owes money to the plaintiff who sued for breach of contract or similar complaint.

Finding out that a forum or a person has made one mistake is not a reason to condemn. We are all human and we all make mistakes but when it reaches the point were there is more or almost more false and misleading information on a forum people ought to leave as fast as possible and go find someplace else to get their information. If they don't they will soon enough find themselves in about the same shape as SHANE CHRISTOPHER BUCZEK who not only lost the Trans Union case but has now been convicted of 4 federal felony counts because of his propensity to believe stupid stuff he found at various seminars and e-groups and message boards. Creditinfocenter? I'm afraid not. Or is that I'm a frayed knot? (LOL)

 

That's another problem. If you pay the original creditor now and they accept it then the CA might come after you for their collection fees even though they collected nothing from you. They want to get paid whether they did their job or not and will attempt to collect their fees from you. (sometimes). I've had that happen a couple of times through the years. My answer is that the creditor hired them and their contract is with the creditor. They need to go get their money from the company that hired them, not me.

 

Here is another example of what can happen to you if you follow the advice of the idiot gurus to be found all over the internet.

After Prison, Tea Party Type Patriot Needs Help

Never follow the advice of anybody you find on any website, message board or e-group. Don't believe any of it no matter how good it sounds.

I also apply that advice to myself. I don't want anybody to believe a word I say. After all, I'm just a human being and as a human being I am capable of making grave errors and also providing false and misleading information. I'm no better than anybody else. So I don't want anybody to believe a word I say until they have done their own diligent research to see whether I am right or wrong. If you fail to do that then you do so at your own peril.

So where are you going to get good reliable information if you can't trust anything anybody says on the internet? Try your local law library. Do your research in the annotated statutes. Use only official state or federal web sites or those of a recognized University law school such as Cornell Law Library or others like it. Use Black's law dictionary. Never accept what somebody says about what a court of law had to say. Get the actual court decision and read it for yourself.

But don't trust anybody. Do your own research. Then if you make a mistake you have nobody but yourself to blame.

 

I resemble that remark. (LOL)