I am dealing with a CA that doesn't want to play by the rules. This agency did not respond to my initial request for validation. After my 2nd request, they started calling me. I have logged times and dates of these calls. Each time I advised them that they were in violation of the fdcpa because they had not responded to my validation request. They claimed repeatedly to have sent 'an itemized statement'. I have NEVER received anything in the mail from this company. Several months back I got a call from the agent who had been calling me, letting me know that he was going to 'give up' and send it back to the OC because they couldn't get the proof from the OC. I disputed this on my CB and it was verified. I just called and asked for the of who to send legal notices to, and they tell me I have to fax in such a request. They also claim that they've held up their part of the bargain because they have noted on the account that they sent out two itemized statements on this. If I do take this to small claims court, is there any chance that their notes will be sufficient on their end, or will they be required to show proof? Gai-jin
Unfortunately, chances are they will be able to claim that they sent them, unless you can prove otherwise, and you can't really prove a negative, unless you trap the original creditor into admitting that they never provided the collection agency with the validation. (Which is possible, but it takes a whole lot of planning to make them walk into the trap.) Remember, the major problem is we have to *PROVE* that they received the communications to protect our rights, they only have to claim that they *MAILED* the letter with the validation notice; and that they *MAILED* the validation. Unless you have your mail received by an unbiased third party company which logs every incoming mail item which was received, it is a "He Says, She Says" type of situation. Of course, if they really *DID* obtain and mail the validation, then they should have the validation (or a copy thereof) to provide to the judge to defend themselves.
So, basically I could be screwed here. As long as they continue to say they respond to my requests, and I continue not to receive them, they can claim they sent them and I'm sol? Gai-jin P.S. One correction to the original post. I did receive 1 collection notice after all of the calls (including the one where they said they were giving up.) This notice was offering a settlement. At least I know they have my address right.
It's really not a he said / she said situation at all. If you sue them, they will be required to produce the validation they claim to have supplied. They can do one of two things: Settle with you out of court OR Produce some validation. Force them to produce it as part of the document discovery.
