Household and Attorney

Discussion in 'Credit Talk' started by australia, Nov 2, 2004.

  1. australia

    australia Active Member

    What letter should I send next?

    I originally received a Household Mastercard in early 2000, which I defaulted on. Since 2000, the collection account has been sold several times.

    Household sold the account to MRC Receivables in December '01; The account was then sold by MRC to Collins Financial in March 2002; Collins Financial sold it to Capital First in April 2002. Finally the account was assigned by Capital First to an attorney's office that has contacted me for payment.

    On Oct 7th, I sent the attorney's office a request for validation. Yesterday, I received a reply from them, along with copies of the bill of sale for each of the times the account was sold from company to company (none of the bills of sale have my name or information on them).

    The only other thing they can provide me with is a copy of the account summary sheet that was included in the sale. The account summary sheet has my name, social, previous address, previous phone number, date card was opened, date of last payment, and amount at the time of collection.

    Does this suffice as validation, or doesn't the attorney's office need to provide me with proof that this is indeed my account, like my signature on the original application, etc.?

    Is there a sample letter that I can send to them now?
     
  2. pd11604

    pd11604 Well-Known Member

    There are no set list of things that constitute "proper validation", but what you have received surely does not!.

    Of course the attorney's office sees things differently, and thinks that they have validated your account.

    You need to send them a letter basically stating that the items they sent you DO NOT constitute proper validation, and, therefore, they must cease all collection efforts as per the FDCPA, until such validation is sent to you.

    Their response might be to try and sue you, but if they do they will still need to provide this documentation to the court
     
  3. australia

    australia Active Member

    Thank you for this information. After researching much information here on creditnet, I really didn't believe that what they have sent to me constitutes validation.

    I will proceed with another letter for them to cease all collection activities.

    Thanks again.
     

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