I have been told that CC statements DO NOT count as validation....yet Mann Bracken is trying to use just that. I received a letter 1st class with 5 pages of CC statements *(all faxed pages not originals) and 5 pages of small print contract but nothing with my signature. Aren't they supposed to supply something with my signature to validate my dispute? I know I read somewhere that CC statements don't count as validation...so what do I do now? Do I send them another letter telling them this is not proper validation? Thanks
Whether they count as validation depends on what a judge decides. If the issue is an account you never applied for, opened, or used, whether id theft or misidentification, then you would claim the statements did not prove you owed the debt. They would likely show an address at which you never lived, and any application, or any signed charge slips would presumably not have your signature. If they were statements mailed to your address, over a period of time, and also showed payments by you on the account, they might be part of validation if all payments made were shown, and there was an accounting from the last statement balance to the current amount of the debt.
Yes but I am SURE I have read somewhere (*just can't find it now when I need it) that CC statements are NOT validation. That in order for it to count as validation it MUST have my signature. ANYONE??
You're looking for the Spears v. Brennan case referenced in the validation thread. http://consumers.creditnet.com/Discussions/showthread.php?s=&threadid=42188
