I received the following response to a validation request. I think it is improper validation and I wanted to get the Board's opinion. Validation Response "Affidavit of Indebtedness William D. Kwiatek, being sworn, deposes and says that I am a Keeper of Records of Excalibur I, LLC("Assignee"), which is a duly organized New York Limited Liability Company , and that I am authorized to make the statements and representations contianed herein. The defendant is not in any branch of the military. This action has been brought in the proper county, pursuant to State and Federal law. There is due and payable from XXXXXXXX, Account Number XXXXXX the amount of 588.33(principal balance in the amount of 409.91 plus interest up through 06/24/00 in the amount of 178.42). By the terms of the agreement between Assignee and a successor in interest to the original creditor, interest is accruing from the aforesaid date at the rate of 12.0 percent per annum. The original creditor is Southwestern Bell. Assignee purchased this account from a successor to right, title, and interest to Southwestern Bell. The account has been assigned, transferred and set over to Assignee with full power and authority to perform all acts neccessary for the collection, settlement, adjustment , compromise or satisfaction of the claim" The "affidavit" is signed by Kwiatek and notarized by an employee of the CA who I actually requested the validation from. Am i wrong in thinking this is total BS? Not only does it not constitute validation, I also think it is a violation of the FDCPA as a deceptive effort to make it appear that a lawsuit has been filed. It mentions "defendant" and "this action has been brought" . What do people think? Any thoughts are much appreciated
It's an affidavit. It is not proof of anything. I bet they have no proof of anything and cannot validate, so they sent this hoping you wouldn't know any better. I suggest you send them an intent to sue.
Affidavit of Indebtedness William D. Kwiatek, being sworn, deposes and says that I am a Keeper of Records.... LOL Yes it sounds like they hornswaggling you. It really does sound officious...but it is just Kwiatek, the grand exaulted puba and keeper of the flame swearing an affidavit that they have recorded the debt. Well WHERE's THE BEEF? I see no contract, no signatures, and no statements or billing data... Send them the Estopple and sign it: Sworn her by me, Nave, Reining Eastern Civilization Jousting Champion and Exalted Grand Defender and Keeper of the Faith, Knights of the Consumers Round Table. Either that, or just say, -Peace, Nave
Thanks for the input LKH and Nave. Do you think it constitutes a violation by referring to a "defendant" and "this action is brought" . Seems like they are implying that a lawsuit has been filed when one has not been. I'm though fooling around with these idiots. I am going to file suit immediately. I have a very solid paper trail and multiple violations of FCRA and FDCPA.
Sure do. I think it constitutes multiple violations. Then again it is what the judge thinks that matters...but I would claim that is a blatant scare tactic, as well as a clear attmpt to look like a legal decision had been reached against you. -Peace, Dave
das72071- Would this action be from a LLC called Sullivan, Cross & Davis Inc, in MA... by any chance? In reference to a very old, stale debt, way beyond the SOL? SK
das72071- OK, I ask because the company I mentioned is run by a Daniel K. Kwaitek. He is sole proprietor. His business name makes it sound like a law firm, but he is a one-man operation. He apparently buys old, stale debts and tries to collect on them. BTW, Sullivan, Cross & Davis collects for Excalibur I, LLC. SK
Thanks for the info SK, it wouldn't suprise me if the D in William D. Kwiatek stood for Daniel and these people were actually in bed together somehow. I stopped being surprised at how low CAs will sink a long time ago. I also just noticed that the cover page saying "here is your validation" is dated May 8th but the "Affidavit" is dated May 30th.
That letter looks like some boilerplate letter they send to scare folks. And, yes it is fishy about the mix of similar names. There is also a John Bianchi doing business at the same address. SK
