I have a negative account on all 3 cra with Fleet bank about a car loan that was opened in 1996.I sent them a 30 day validation with no response from them.Then I sent them a 60 day validation, also with no response.So I decided to call them about the matter.I got the person the was handling my files and I explained to him that it was not my account.We went back and fourth about the matter until he said that he wanted to send me a affavadavit and sign it.I agreed.My question is does he have a right to make me sign a affavadavit.And should I?Please need advice ASAP.
Joe, since you're asking for advice, here's mine: 1) Once you embark upon a course of written validation/estoppel, you should not ever call them on the phone. (I realize that advice doesn't help in this case, but I offer it just in case you have other accounts for which you'll request validation.) In fact, if an alleged creditor telephones you in that case, you should tell them that everything they need to know is in the written correspondence and that they should direct anything further to you via mail as well. 2) If they fail to answer your lawful request for validation, then you can send estoppel and finally prepare a written "pleading" which shows that you are ready to file a lawsuit against them unless they remove the tradeline. This is all via certified mail with return-receipt requested. 3) NO, you should not sign anything for them. They have no right to request anything from you since you have no relationship with them. Remember that you are asserting that the debt isn't yours, and it is their job to prove that it is. Your statements to that effect in the validation letters you sent certainly attest to your stance that the debt belongs to someone else. Their need for another "affidavit" is simply their way of causing more delay and mischief. I hope this helps. Doc
The FDCPA applies to CA's not orignal creditors (fraudulent account or not) Sign the affadavits,AFTER you receive a covering letter from them acknowledging your dispute and verifying that your affadavit will remove this from your CRA's.You ARE protected under the FCRA and TILA
Lizardking Thanks for the advice.I actually got it wrong by saying it was a car loan,it actually was a savings bank account overdraft loan.
