Is this Validation?

woofer · Jun 17, 2008

JAD said: ↑

I received correspondance from an attorney (says debt collector at bottom of letter) indicating that if I paid $2714.99 to Citi Bank by 6/2/2008 that they would let my account continue as it was before I was late in making my payments.

I sent out the 1st request for validation and received this in return:

Enclosed please find both an application and seven (7) months of statements of the above captioned matter. This account was opened on or 9/7/01 and was charged-off on or about 12/4/97. My client is Citibank (South Dakota), N.A. As they have retained my office to handle this matter, all communications must go through me.

My letter dated April 29, 2008 is still in affect; or in other words, you have until June 2, 2008 to 'cure' this account with a payment of $2,714.99 pursuant to Maine law.

Additionally, I note that your letter was copied to Attorney XXXX. IF you have retained counsel, please inform my office, as all my communication must go through your attorney if you have one.

1st, I am working with an attorney on some of this mess but he and I agree that there are several things that I can do on my own rather than pay him and validation is one of them. He has just asked to have copies of my letters for his file should I ask him to move forward on anything for me.

2nd, are the statements enough for validation? I asked for a complete validation of how they arose at their figure. The total credit line on this account was $5,520 and this statement starts out with a figure of $6611.84. Not all of the information has been provided. I'll have to check but I think that the original amount due on the account when I quit making the payments was around $2,500.00.

3rd, can they ask for a settlement figure based upon their calculations with all of the penalties added in or just the original amount?

What would you do next? I want to make sure that I should even be discussing any of this with this woman first and I guess if it comes out that I should then I will probably hand it over to my attorney.
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Us SOL as an affirmative defense. YOur lawyer should be able to get this a done deal easily.
Woofer

Hedwig · Jun 17, 2008

If it was charged off in 2007 I seriously doubt that it's out of SOL, so no sense in using that as an affirmative defense.

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