OK, I intend to sue a CA and possibly the attorney that had served me a summons. I want to know if you come up with the same number of violations as I do. I never received any letters from CA or attorney. I know I did not receieve one from the attorney and don't recall getting one from the CA. Violation #1 = $1000.00. I sent 3 requests for validation of the account. They were ignored until the 3rd request. I got a phone call from attorney, offering a settlement. Violation #2 =$1000.00. I got two more phone calls from attorney, requesting that I return their calls, but no demand for money. Violations #3 & #4?? = $2000.00 I got a letter in the mail from attorney, with application for credit card, not the requested documentation. Violation #5 =$1000.00 Credit report does not show as being disputed. Violation #6 = $1000.00. Total violations =6 which equals $6000.00??? Thanks. I will let you know how it turns out.
Unless you send a C&D the phon calls dont count. They have no real proof gather your paper work and sue them. If they had it they would have provided it.
Not answering your validation request, in itself is not a violation, unless/until they attempt to collect prior to validating. My point is you sent 3 validations out. They didn't respond to the first 2, but didn't attempt collection, by calling you, until after they received the 3rd one. So, not answering the first 2 is not a violation. When they contacted you to get you to pay, that was a violation.
yes, the application was the one i filled out and has my signature. It does not state what CL I have. All 3 phone calls came after the 3rd request for validation was recieved, to which I have tape recorded. I understood that not reponding to the request to validate was not a violatuin, but they attempted to collect after the demands for validation were made.
Whatever, I think you should seriously consider trying to settle. Your signature on the application is plenty. The fact that you asked for the orginal credit line makes no difference. I believe every cc application I ever filled out said something like pre=approved up to xxx. That's why it's called an open contract. The terms and cl and payment amount are not fixed and can change without the need to draw up a new contract. Small claims court judges are not consumer or defendant friendly particularly when they see solid proof that you did open an account. I think you run a large risk of the judge rationalizing that the debt is valid and the ca made a "harmless error". Don't be so eager to get to court. Practically all of the success stories we see on this forum have a common theme. They were settled out of court.
I know that what I will write will come off as being nasty, to which I am not intending. This debt started at approx.$1200.00, to which now fees, etc have totaled over $2100.00. Yes, the CA can charge interest, etc and collect that. That is not my point with them now. The fact that I requested validation, to which they ignored until the 3rd request and then offered a settlement, is a violation. The violation being that they tried to collect, PRIOR to validation. I wanted validation, because I belived the amount was wrong and the dates being reported are wrong. Supplying me with a signed credit card application, should mean nothing more than I applied for credit. Did I accept this credit card? What was my limit and my payment history? If they can show up with a signed application and state that I owe a certain amount, than every credit card I applied for could do this. I would sure hate to see a credit card I applied for turn around and sue me based on the fact that they have an application with my signature. I know I stand a better chance at settling for deletion without having to take them to court. When i went to court, I saw so many accept judgments because they knew they had credit with such and such company and the judge even asked if they accepted the terms, not once but twice and understood their rights. Most don't understand that little section where it says if you want to validate, heck I didn't, I was too scared to stir up some trouble. Bad day at work and I guess I think the CA's should have to endure some of the crap they dish out to us. Sorry if I ofended anyone.
The signed application is not enough. They should also provide statements for the time the account was open, showing how the came up with the amount they are saying you owe. There is plenty of caselaw to back this up. L
I bought a new car in 1989 there is a signed application for it .Does this mean that I still owe for the D***ed car.H**l NO!
CAs must provide signed proof of acct to original creditor.(IE credit app etc) Complete accounting of the account(Statements on the account). Agreement between it self and the original creditor providing athority to collect on the account. If any of these is missing then they didnt validate. They must also disclose interest fees etc. If they can provide all that and the SOL isnt up then your in trouble,
Even if they do this they are still in trouble if they have violated your rights . I have a CA who has violated my rights 4 times over a 75 dollar collection.This is $4000 they owe me compaired to $75 for them. Do you think I much care if they do in fact validate the 75bucks??
