I received a letter from an attorney, in which Cap 1 sent my $8k balance to. Well I contacted this attourney and they stated they have filed with the courts and should receive a summons on Jan 3. What are my options, I asked for proof or validation and they stated they have validated it themselves and do not need to send me any sort of validation. Is this correct? If not when is it too late to do so? Any help will be greatly appreciated. Thanks!!
If Cap 1 is the original creditor, they are not covered by FDCPA, which contains the requirements that CAs validate when a consumer disputes. If they collect themselves, but under another name, or with a name that implies they are a collection agency, or they bought the debt from another creditor, then they would likely be covered by FDCPA. The attorney, if he is in the debt collection business, may fall under FDCPA, regardless of whether the original creditor does. If you only requested validation verbally, he may not have to validate, since the FDCPA language refers todisputing in writing: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 "�§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "
Is he acting as a debt collector, by sending letters containing the FDCPA required language? Did he send you an initial letter on the debt, notifying you of your right to dispute? Did he overshadow the wording of his own letter, by telling you by phone you had no right to dispute, and they had no obligation to provide you with validation? Did you dispute, in writing? Did you dispute within 30 days of receiving his initial letter? If you are sued, you would be wise to respond, instead of being handed a default judgement. Requesting validation alone is not an adequate response. They can, of course, be asked to provide "validation" to the court. It is called "discovery". You should seek legal advice, especially since for $8k it is worth it to them to sue.
The letter I received is from a Law Office, and states "we have received authorization from our client, Cap 1, to offer you a discounted settlement, etc. and at bottom..... Notice: this is an attempt to collect a debt, this office is a debt collector, any info is used for that purpose." So i'm assuming its a collection agency. I received the letter yesterday, and it was sent to incorrect apartment (they have my wrong address) so dont know if that helps me in any way... Will sending them a validation letter asking how they came to those charges etc, be best way to go? Thanks again
So you just got a letter, your first contact from them, and verbally contacting them they said a summons was in the mail and you had no right to dispute or request validation? Did they demand your bank account info to set up a payment plan and make a payment right then and there? Sounds like a CA, covered by FDCPA, to me. And if you believe what they say about your right to dispute or request validation, you will have no rights. Are there material issues regarding the legitimacy of the debt, whether it is your account, unresolved disputed charges, whether the amount is correct, all payments correctly applied, interest and fees correctly applied, etc? How old is the debt, and when was the last payment or charge made? Is it still within SOL in your state? Send your request for validation, CRRR, today, to the attorney/CA. Note in it the date you received their letter, note that the address on their letter is incorrect and you have never lived there, and that this is the first letter you have received from them. They either will, or will not, have actually filed suit. If they do not do so, by saying they have done so, they have violated FDCPA. If they have already filed suit, you will still need to respond, but if they haven't, doing so without first obtaining and sending validation would be a violation.
