I have a CA collecting for Cap1, I was served last week with a summons. The date is scheduled for Monday (July 19th). I called the CA today, to offer a settlement (without admiting validity), and they said they would get back to me tomorrow with more info. Heres the hook, when I wrote for validation of the debt, they sent back around 50-60 pages of Cap1 statements with account numbers, purchase information (date, place, amount) etc... basic statement photocopies. The only thing is, they were not my statements. They sent me another persons information. When I told them that today, at first they did not believe me, they had me verify the Cap1 account number, and then actually told me that the girl on the statement was another one of there accounts, and I must be right, thats when they changed from no settlement to I will get back to you tomorrow. I told them that I had no court experience, but that if I went to court, and supplied the verification they sent with their letterhead, I couldnt see how they could call the account verified, and it would not look good that they were sending out someones personal and confidential information to strangers. What should I do at this time? I am expecting them to come back with a settlement offer (The first was 1050 on a 1200 balance). The original credit limit on this account was $300. Thanks - Brian
I wouldn't settle with them at all. First they haven't validated the account properly. Second, they are collecting on a debt that is presumably unverifyable. Next, are the licensed/bonded in your state? What about the statute of limitations in your state? Then you get to issues like privacy violations--I would get ahold of the lady whose statements you got--she may have gotten yours--and see if the two of you can't get together on some sort of violation for privacy violations. The real question is do you want to go to war with these folks in court? If so you can possibly prevail. Asking you to settle for 80% is rediculous. Don't pay them a cent unless they offer up a proper validation. Be careful tipping your cards (telling them you are a courtroom newbie). You need to portray yourself as knowing what you are talking about. The best way to do this is to dive into the laws, the rules of civil procedure for your state, court rulings, etc. It is a lot, I agree. I just won my lawsuit for PP against a creditor represented by a law firm--I was pro se. All it takes is work. Definitely show for the summons on monday. If not, the judge will probably grant a default judgement. Let him know the situation and ask for some time to review the documents the CA sent and to prepare your answer. He will let you know how long you have to file a response. Good luck with this...If you want to just settle, make sure you sign an agreement that bars them from reselling the account to another CA and that there will be NO negative references on your credit report from them.
I agree - don't settle! Hopefully some of those with more experience at this than me will poke their heads in and that's what I really wanted to do was bump this for you. BUT..... I would go to court and take what you have .. the other individuals statements along with your validation requests and the cards and let the judge laugh them out of court.
Make sure you provide the judge with the 50-60 pages of documentation that they provided you of someone else's account too... Although it would probably be too late to file for a counter-suit, you have a counter-suit possibility on that alone, since they didn't validate, YOUR account, the resumption of collection activities with filing against you is in violation of the Section 809(b) cease of collection activities until the validation is provided. Just because they sent you someone elses account information, and notated your account incorrectly as being verified, they did NOT verify YOUR account. They verified to you, THEIR account. The person whose statements they provided to you, also has a violation for an improper third party disclosure. Since you are not them, you are obviously a third-party, who they improperly disclosed the information about the other person's account to in violation of the FDCPA.
You could turn up the heat on Cap1 a bit by contacting the person whose info they sent you, telling her what happened and have HER file an immediate FDCPA suit against the CA for unlawful disclosure......
Update - As of this afternoon, they are now ready to accept a settlement of $750 - if paid by tomorrow (Sat before Mon AM Court date). I asked him what assurances a western union payment would do on a settlement if they ended up going to court anyway? I have a hard time making the payment, then worrying if they are still going to pursue any other legal activity. I have pretty much decided to go to court and see what happens. New Question -What do i do at court? This would be my first time, and I have no idea. The bottom line is it has not been verified (although I know it can be verified if they had not sent the wrong information). Now what? ---Thanks again for all the help! Brian
#1) Admit nothing. #2) Deny everything. #3) Plaintiff has not provided proof to substantiate their allegations. #4) When I demanded proof to substantiate their allegations, they illegally provided me with someone else's account information in violation of Federal Law, and began these proceedings in violation of Federal Law. #5) The Plaintiff is in violation of the Fair Debts Collection Practices Act in continuing collection activity on their unsubstantiated allegations, prior to the completion of the requested validation of debts. Be prepared for them to try to use your settlement offer against you, so when they do, you were only offering to settle to end the situation without the additional stress of these proceedings. Remember, their part in the settlement discussions is illegal collection activity prior to them completing the validation, so if they do this, they've actually bit themselves by admitting in court of another violation. Butch and some other seasoned people may be able to offer some more advice, but the key ones are the first 3...
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