Hereâ??s a copy of the response to my validation request: Macdowell & Associates Attorney at Law Re: Cottonwood Financial Services LLC. Our File No. 034818 Dear Mrs. Harris I am advising you that the original creditor in this case is Providian National Bank. I show you opened a credit card/account agreement on 05/26/99 card no XXXX_XXXX_XXXX. The statue does not run from the date you opened the account. Instead, it runs from the date of your last payment. My records reflect that an initial demand letter in compliance with the FDCPA was sent to you on 03/21/03. The subsequent contact with this firm has resulted in your verification of the debt. You have further verified the debt by making payments directly to this firm toward that debt. This further tolls the statue. If a lawsuit is filed, the court may award a judgment as high as $1766,17 minus $200 credit that you are due. I can offer a one time lump sum payment of $650.00 or interest free payments on $800.00 in order to resolve this litigation. Please contact me in regard to a reasonable settlement. Thank you for your time. How should I respond to this? I know I was stupid to let them scare me into making a couple of payments. I have since closed that bank account. I was curious about something. If Providian is the original creditor who they are representing, then who is Cottonwood Financial? I called Providian on yesterday. They said that they sold the account to New Century. I called New Century and they said that they sold it to Cottonwood Financial. I called Cottonwood Financial and guess what? Itâ??s the same number to Macdowell and Associates. I clearly asked them if they owned the account. The first contact with them over the phone they clearly stated that they referred to Providian as their client. Does this sound strange to anyone? When I sent the validation request, I also sent a partial C&D letter and they still continue to phone me. Advice anyone?
They still haven't provided validation. Send the "validation 60 days" letter from the forums. Remind them what constitutes validation, and include the second page that is a checklist....which makes them tell you who sold the account to who, when it was transferred, assigned, etc. You never lose the right to demand validation....If they consistently cannot validate...it will not hold up in court...and the CRA's will have to delete it based on the documentation you provide showing they could not validate the debt.
1*They still haven't provided validation. 2*I also sent a partial C&D letter and they still continue to phone me. 3*Send the "validation 60 days" letter from the forums. Remind them what constitutes validation, and include the second page that is a checklist....which makes them tell you who sold the account to who, when it was transferred, assigned, etc. ==================== 1*And the letter they sent is written proof of a 1000 dollar violation. 2*Have you been keeping track of the calls? It's $1000 per call. 3*None of this is necassary just send them the following letter DON'T CHANGE Send CRRR Your Name Address «City», «State» «Zip» Company» Address «City», «State» «Zip» «Date» RE: Dispute Letter of <insert date> Dear Sir/Madame: As I have not heard back from you in over 30 days regarding my notice of dispute dated <insert date>, and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. What is your authorization of law for your collection of information? What is your authorization of law for your collection of this alleged debt? Please evidence your authorization to do business or operate in the state of ____________________ . Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $____________ in damages for the following: Defamation Negligent Enablement of Identity Fraud Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief. Sincerely, Your Name DON'T SIGN[/color] =================================== ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* http://www.send4fun.com/telephone.htm >
