This is my first post although I have been reading the board for the past few months. My question is I sent a validation letter to an attorney who was collecting a past due account of mine from CapOne. The validation letter I used was a modified version of the lizard king letter. Anyway I got back a response from the atty that has really confused me since he sent no written validation at all? I will now post his letter any help would be appreciated. LETTER FROM ATTY I am in reciept of your letter Dec 3rd. 2001 relevant to your inquiry as to how we can substantiate our authority. We have been retained by Capitol One through a company known as NCO ttorney Network Services who is the forwarder of a claim. They are a collection agency that Capitol One has asked to retain counsel in this state to pursue these claims. As a licensed atty in W isconsin I have been authorized by my client to make this demand upon you for payment. ??????? WHERE DID HE VALIDATE THIS PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT
I think I know which letter YOU sent to the attorney. Basically all he has "verified" is who he is, how he was contracted by cap One, and that he's allowed to business in your state. He failed to "validate" the debt. I would pretend as though you didn't get it, unless he sent it CRRR. Wait until Jan 3rd (30 days from your original letter) and send another validation or estoppel. He hasn't validated what you asked of him. I believe TECHNICALLY, if he tries to still collect on this then he is violation of the FDCPA, for failing to give you what you asked of him. I'm sure Lizardking, LKH or Marie can steer you in the best direction to go. Kellie
