next step with this CA

Discussion in 'Credit Talk' started by bumpy9000, Aug 22, 2003.

  1. bumpy9000

    bumpy9000 Member

    I sent a validation letter to a CA about three accounts. They called my wife two days later and asked if we were married and if I would get my letters at the address on mmy request for validation. Received their validation today. No signatures on my the three accounts. They are just computerized bills. Plus, the CA didn't sign. The CA called...I told him I wanted signatures on the forms and the accounting doesn't match. He said the accounting would be a problem but that i don't need signatures and that they have been going to court for many years. I restated that from my previous letter he could delete from credit reports. He said the lawyers will have to work that out in court. I said ok and that is how we left it. I am looking at the validation attempts. One is for a bank, one is for medical with just my wifes name and one is for an appliance service compnay that says they installed an appliance with a place for my wife's signature. There is no signature. I sent this letter:
    Thank you for your phone call today. I am glad that you admitted that you can not show the accounting of this alleged debt. This means that you know that you can not meet the standards for validating the debt. It also means that you can not take any action to collect on the debt, including reporting it to the credit bureaus.

    As to your assumption that you do not need to show a contract or positive proof of my identity and agreement of the debt, you are simply wrong. While you may indeed have gone to court for a number of years, that does not prove your point. I have the cases from appellate courts and the legal opinions from the FTC and different state agencies to back up my demand for signatures.

    Please note validation is an all or nothing affair. Leaving out even one piece of documentation means that you have not validated and thus you can not take any steps to collect. Since you have not supplied the validation of the alleged debt as requested under the FDCPA and have admitted that you can not currently do, you must stop all actions to collect the debt and remove it from my credit reports.

    The legal penalties under the FDCPA are substantial. They include any actual damages; suffered such as extra interest on a loan or emotional distress, all court and out of pocket expenses pertaining to the action, and up to $1,000 additional damages. In addition, you could be vulnerable under the FCRA for reporting inaccurate information. The penalties, interest and attorney fees can add up to staggering amounts.

    You have fifteen (15) days from receipt of this notice to either provide proof that you have removed this from my credit report or to provide the requested validation in entirety. Your failure to abide by the FDCPA may cost you many times the amount that you are trying to collect. In order to protect yourself, I strongly urge you to either provide the proof (that you have admitted you do not have) as required by law or remove this invalid debt from all sources to which you have reported it to.

    The fifteen days are up. I am getting ready for the next letter. Anybody have any ideas or a good letter. Thanks
  2. jlynn

    jlynn Well-Known Member

    Intent to Sue letter - or a summons.
  3. bumpy9000

    bumpy9000 Member

    jlynn, thanks for the reply. I am getting ready to send the ITS. Do you have a thread to a good one?I don't want to make any mistakes.
  4. jlynn

    jlynn Well-Known Member

    Don't laugh, but do a search on "Suzy Suckass", its one of the best.

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