Ok, they sent the original receipt showing the item purchased and the amount to be paid. It has my husband's name at the top but the signature line is blank. Next they sent the salesman's computer printout showing when payments were made and when it was sent to the CA. This was faxed to the CA by the salesman yesterday. It is signed by the salesman's wife. The weird thing is the statement is dated 2/28/2002(next week). OK nothing is signed by my husband. What do I do now? I just want to make sure I cover all of my bases. I specifically asked for a signed contract between my husband and salesman and they did not provide it. Thanks for the advice. BTW this isn't on the credit report yet but I asked them to tell me which bureau they would report to and they said "all."
I also want to make it clear that we will pay this debt. I just don't want it on the credit report. My husband was laid off and this debt kind of got forgotten since he made payments at work and never got a bill at home.
Sounds like you won't even have to pay the debt, If they are forging documents you've got they're butts nailed. Good luck. -Sal
Was the validation sent certified mail? If not then you didn't receive it. You could proceed as if nothing was done... GT
Thanks for the tips. I hadn't even thought of the Certified letter. I will just ignore it and send my next letter. I send all of mine CRRR so they know I'm serious. Too bad they don't think I'm smart enough to see right through their threats. Kim
OK this old dog has come back to haunt me. This goes back over a year as you can see from my original post. These guys never sent me proper validation and after I sent them the validation request, they never billed me again. Well today they showed up on my husband's credit report. It says in the consumer statement area "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)" So, they have put this on the CR without validation but does this statement really protect them or should I send a second validation or is there something else I should just move on to. Thanks, Kim
Hi Kim, Well ... I know how I would handle it. My next communication to them would be via sheriff with a law suit. Send an ITS to the CA, and copy their legal dept. if you can. Whatever ya do don't "start all over again". Just pick up the process right where you left off last year. How much is this for?
Re: Re: CA sent their "validation" today 1*These guys never sent me proper validation and after I sent them the validation request, they never billed me again. Well, today they showed up on my husband's credit report. 2*Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)" thecatslai ================ 1*1000 for reporting without validating. 2*They can't do this on an account that was not on the report to begin with. THE END ** *** ** LB 59
Re: Re: Re: CA sent their "validation" today Butch, can you please elaborate on how that is the wrong answer, and to which question? This is interesting to me, the theory of whether the USPS mail trail can be used as a legitimate claim of recipient's ignorance, if the sender did not cover their butts enough by protecting themselves with CRRR or other similar tracking feature. Or am I missing the point of your reply? Please explain. (This will be helpful to me if RMA validates my account. Those RMA pricks told me the same lie once: "we sent your requested documents to you, didn't you get them?", and I actually believed they did and that they somehow got misplaced or lost (naive.) But now I'm starting to think they should get a taste of their own medicine....)
Read the Cass-LeFevre opinion letter [http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm]. It does not protect them at all. Their reporting of the debt -- whether they mark it in dispute or not -- before properly validating, is a violation of the FDCPA. Follow Butch's advice and send them an ITS or proceed directly to court and file suit. flamva
Their reporting of the debt -- whether they mark it in dispute or not -- before properly validating, is a violation of the FDCPA.flamva --------------------------------- Isn't this what I just said in my post above?
Pardon me for playing devil's advocate... They sent you validation. They sent a receipt and an account history. You could sue then, as Butch suggests, but if you go that route you have two choices: 1) Tell the judge what you got, and hope he agrees with you that the validation was not proper. 2) Claim that you never got anything. They probably won't be able to prove they did since they didn't send it certified mail, but going this route requires that you commit perjury. How much is the debt?
Yeah they sent us a receipt and history but it was not accurate from what my husband guessed he owed. The salesman obviously did not keep good records. Like I posted the receipt was dated for a future date. They created it when I asked for validation and put Feb 2002 on the receipt. My husband hadn't had any dealings with the guy since May of 2001. There was never a contract or anything in writing prior to me requesting validation. Kim
To address the mail quwstion: They don't have to prove you received anything by mail. They just need to prove they likely mailed it. SO, if you are in court and they produce documents for the judge, the ruling will be since they have them now it is reasonable to assume they had they them when you requested validation and they sent them to you. I'd also point out there is nothing in the FDCAP that says either party must use certified mail. This argument has no traction and really will throw your own credibility into question if you swear you never received anything and all ofasudden the CA lawyer does a document dump on the judge's desk.
1*They sent you validation. 2*They sent a receipt and an account history. Mycroft ============ 1*No they didn't. 2*There was no signed contract so it wasn't validation. THE END ** *** ** LB 59
1*They sent you validation. 2*They sent a receipt and an account history. Mycroft ============ 1*No they didn't. 2*There was no signed contract so it wasn't validation. THE END ** *** ** LB 59
Yeah they sent us a history but it was not accurate. thecatslai =============== An account history with errors and mistakes is no account history at all. Microsoft missed this when he stated the following in his post ( They sent you validation. They sent a receipt and an account history. ) THE END ** *** ** LB 59
They sent a receipt and an account history. Mycroft ================ When both the creditor and the customer have an account history which account history applies in the event of a dispute? THE END ** *** ** LB 59
does a document dump on the judge's desk. keepmine ------------------------- My reply to this : I never saw this before.Why did you wait till now to show it to me. THE END ** *** ** LB 59 http://www.memail.com/fotos/index.htm
