Re: Re: Re: Law suit received Read [color=0066FF]FTC :: CASS As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because [/color]we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector[color=0066FF], our answer to your question is No. Although the FDCPA is unclear on this point, [/color]we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls[color=0066FF]. ... [/color]we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided[color=0066FF] ...[/color] HTH
Re: Re: Re: Law suit received tommyy, they may or may not have the evidence to prove up their case at trial and that's an unknown to all but Seneca at this time. Probablility is that they bought this debt from Providian for five to ten cents on the dollar and are still making a little bit of money at 25%........without the cost of discovery or trial. What is known is that if this does go to trial you can believe they will seek the fill amount plus their attorney's fees and if they can prove their cause, they will have a judgement in the end which your wife will be responsible for. Add in your wife's attorney's fees and it gets expensive if they're successful. that's a BIG IF. However, the flip side is that if your wife can get them to accept $1500 and full deletion of the account, it may be worth it to get the whole mess over with......especially if your wife KNOWS that at least $1500 of the debt is hers. if it were me i would counter with $1000 and full deletion from the CRAs with their response due in 24 hours.
Re: Re: Re: Law suit received Now, the account that is allegedly mine that had that slipped through Unifund on a Providian account; it took more than SIX MONTHS for the CA (who purchased the account from the CA who purchased the account from Unifund) to obtain, the 'application', and three non-sequential statements (which totaled $241.52), which substantiated an incorrect amount according to Providian's own credit-bureau reporting. Oh, that CA's settlement offer, was the amount of the inflated validation. And I only had 10 days to review the documentation that they took SIX MONTHS to obtain. -- A mini-miranda looks something like the following... the exact verbiage may vary depending on the company... I dug up an example... Required within 5 days of initial communications. "Unless you as the consumer, within thirty (30) days after receipt of this notice, dispute the validity of the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of any judgment entered against you and will mail the same to you for your benefit. If you make a written request within the next thirty-day period, we will provide you with the name and address of the original creditor, if different from the current creditor." Required on all communications. "We are debt collectors and this correspondence from me to you is for the purpose of collecting the above stated debt. Any information we obtain from you will be used for that purpose."
Should we answer the suit and show up in court? tom my ==============Unless you don't mind adding a judgment to your credit reports and living with it for the rest of your life. Also have did you ask the CA for validation? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
<< Should we answer the suit and show up in court? tom my ==============Unless you don't mind adding a judgment to your credit reports and living with it for the rest of your life. Also have did you ask the CA for validation? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' >> L B 7283
