Posted about a month ago, now need advice as to follow up please: Sent validation to Frederick Hanna & Assoc. March 15, crrr for a CCB debt of (with fees and high interest) of $3004. One week later they responded by sending me a photo copied "CCB Terms of Agreement" form (12 pages) which was faxed to them with a fax date on it of 7/01 and forwarded to me (guess they used it prior to me). It is totally generic and not a form I have ever been sent or have seen, no sigs, no nothing. Also sent me a screen copy of the entry of my name, CCB and amount of $3004 on their computer program. Following is a copy of what their letter stated: Quote: "Please find enclosed the billings, invoices, statement AND/OR contract in support of my client's claims. If all of the documents are not provided herewith, the balance of the documents not provided will be produced once I have received them from my client. Please call me with any questions. If you have made any additional payments, please let me know. If you are interested in a payment arrangement of some sort, I will be glad to discuss same with you." Now, it is my debt; however, I owed $1200 and was paying it but with their late fees, over the limit fees, 20.99% interest they now want $3,004!!. They charged it off in December of '02. It went from charge off to NCO in January, validated with NCO, received nothing, and apparently they sent it to these Hanna guys (lawfirm collectors). I have not sent a second validation letter requesting full accounting which is what I want before I would even consider settling this. I have yet to receive anything as stated in the above letter other than the generic photocopy of CCB's "terms of agreement" and that stupid screen print out which tells me nothing other than they have my name and address and amount CCB says I owe. I have heard nothing else from Hanna. Question: It's not reported on any cr by Hanna as of yet. Do I just let sleeping dogs lie, or do I send a second validation for full accounting. I really do not have the funds at this time to pay them in full for settlement and would have to do monthly payments which does not thrill me at this time either. It's over the 30 days and nothing else has been received. Can they turn around and sue me at this point with what I have written above? Any advice PLEASE!!! Thanks.
Anyone can sue anybody...the question is will they win? What they have sent is not proper validation. If it were me I'd send an estoppel letter. If they then put it on your CR you than have them on another violation. If you keep requesting validation they just might validate it and prove it's yours. The idea of estoppel is since they have not complied with your request they are giving up the right to sue. Many have said it won't hold up in court, but a lot of CA's don't know that.
If it were me I'd send an estoppel letter. bigmon ====================== Rite on . That's what I was going to advise. The END ************************* LB 59
