Hi all. Got a question. Here is my problem. After no response from Cap 1 following a validation letter, an estoppel letter , and a final "you have a choice" letter,( all sent CRR), I received the foloowing letter from them and also about 20 copies of old credit card statements. Dear Mr. Mediccc24, â??Thank you for advising me of your concerns and providing me with an opportunity to address them. As you have requested, we have enclosed copies of your billing statements from XX/97 â?? XX/99. these statements show the progression of your balance as well as the minimum payments billed during this time period. Because payments were not remitted in a timely fashion, fees and finance charges were billed in accordance with your customer agreement. Additionally I have enclosed a copy of your original application. Additionally, you explain that you have made previous requests, to which you have not received a response. Unfortunately, a review of our records does not confirm receipt of your previous requests. We regret that your concerns were not addressed upon your initial contact with our company. If you have additional requests or would like to discuss possible payment arrangements, please call me atâ?¦â? Although, nothing bearing my signature. So apparently they have still not met the requirements for validation. However, if it went to court, this shows pretty darn strong eveience against me. What do you suggest I do? I don't want to just let all this work I did just die due to my lack of knowledge in this area. Hope someone can help. Mediccc24
The information may be verified, but they still violated the FCRA by not responding to you with 30 days of the receipt of the letter. Whoever signed for it certified their receipt. Nothing will happen unless you threaten to sue them I'm sure, then they may settle and delete it, or pay you $1000 per violation.
Which letter are we talking about? The original validation letter, or the final demand letter? My original validation letter was received by them on Sept 12, 01, my final demand letter was received by them on Nov 23, 01. Their letter to me was dated Dec. 11, 01. Does the 30 days start at the original validation letter? Also, is it considered validated even though my signature is nowhere to be found? Mediccc24
Read the FCRA, really the whole thing but specifically section 611. Link is http://www.ftc.gov/os/statutes/fcra.htm. Should be your first letter disputing the information. There is language in there that they may have an additional 15 days if you add information but I don't think you did that. Even if you did, Dec 11th is a hell of a lot longer than 30 or even 45 days. Read section (2) also you may have something on them there. Don't know that one. Maybe not as some have suggested. Maybe someone else can comment on that one. Them saying some crap about not being able to get to it until now just doesn't cut it. They didn't adopt that attitude when they were trying to collect the debt from you I'm sure.
If you sued them, you may have them for a couple of violations, but they do have pretty good evidence you owe them and I'm not sure how it would wash out. How much are we talking here? If it's not too much, you may consider calling their consumer advocate and ask if they will reinstate the account and delete the derogs if you pay. Others here have done it successfully. Otherwise, I'm not sure what I would do. I have to think about this one.
It's about a $1200 debt. but most of it is overlimit fees and finance charges. Believe it or not, this was originally a $400 card! My gut tells me that this would not be a positive courtroom experience, so I think that option is out. I may just have to go through PFB and see if they will be willing to settle. Mediccc24
