Sorry for the delay in responding, but been away for a few days.. The more cases (in credit repair) that go to court, start to raise the bar of defenses. The first cases caught the "defendants" off guard, and their defenses were weak, or they "assumed" they could easily win their cases. With each new case, the defenses have become more and more sophistcated, in short the "game" has evolved to higher levels. Each new case is an opportunity (for both sides) to set precendents. We have seen the erosion of the full legal requirements for "debt validation", and other "classic cases". Every cases allows attorneys to study , and develop new defenses and strategies, and since "we" are laymen", we are outmanned by the professionals. To get to a base level here, our (credit repairers) intentions are truly not in line with the "spirit" behind the laws of credit reporting. To be brutally honest, our objective is always removal, not "fair and accurate reporting". A judge will review cases based upon that "spirit", and the pendulum begins to sway the other way.
Are you kidding me? You are using that statement as a sales pitch? OMG, thanks for my laugh of the day. I'm looking into my crystal ball and seeing the FTC showing up on your caller ID one of these days. The sooner the better.
Oh pretty please, what statute? C'mon and share. Wait let me get my popcorn. Oh, don't bother quoting me on the C & D part of the FDCPA - I know that's legal. But tell me do you put it on a bi-fold card since it is an invitation to a lawsuit?
It's a waste because it will only work until the CA sells it off to another CA. Might be worth a stamp if you do it yourself but I sure wouldn't pay anyone to write a C&D letter.
after reading all these bulletins about rjm, i think they got me. i've been paying $189 month for over a year now thinking they bought a debt of mine from direct merchants. i am believing it's not valid. oh my god, that's a ton of money. somebody please advise.
marie, what does one do, when the 3rd party collections agency, admits it has a contract with the original creditor, and they send copies of an alleged contract, (2 pages, front and back) that has 1/4th of the back page covered up with what looks like some kind of sticky note, or something, making the material underneeth it, unreadable? It seems to me, that when a person requests completed copies of the original contract, that means complete and UNALTERED copies that can be read fully, so that the alleged debtor, can read and understand the full terms and conditions of the original claim. I ask this because I know of several people who lost all their records in a recent house fire, at an apartment complex that took out 5 units. These folks are depending on obtatining original and complete copies of the contracts that the original creditor should have. And it seems to me that if the original creditor has altered the original contracts by placing some kind of stick note on them, that the original credior will not be able to verify their claims, as neither party has a true and complete copy of the original contract. Thanks.
First of all, this post was from 2001. A lot of things have changed since then, as was noted several posts above. They do not have to provide you a copy of the written contract as part of validation. The fact that you had a used the card forms the contract. Do some searches here for more recent posts and you'll find more recent information. If you're in a lawsuit, you can request documents through discovery.
what If you have a judgement thanks for the info. I have a judgement against me from 2003 from a credit card from citibank for 4000.00. I was receiving calls/letters from a collection agency at the time and i was going through edge solutions who told me not to respond to any letters or calls as they would handle it, which I listened to. I just found out I had a judgement against me which I never knew until i just pulled my credit report. If i pay it off, how do i get it removed not as satisfied. also, is there any way that I can have the agency who purchased it remove validate it; in which if they cannot then i have can it removed? Well if they can validate it, and i agree to pay, is it possible they can remove it from the court record if they agree to do so? Also, my credit report says citibank owns the judgement, however, another agency bought the debt from them so now who do i repay? can ciitbank still hold a judgement against me if they no longer own the account? how do i get this removed?
After 30 days? What do you do if when you haven't responded to the Collection Agency in the 30 days? I want to send a letter to ask for debt validation, but don't know if I still can. Please advise. Thank you.
You can still send it, but they don't have to stop collections like they do if you send it within 30 days.
What about more than 42 days? I guess want I want is a account of what my debt is (late and overdraft fees etc.) What kind of letter can I send?
Just ask for that--tell them that you would like an accounting of the fees and charges that were applied to the account. Just keep it simple.