I CALLED S&P CAPITAL ( COLLECTION AGENCY) ON 4-4-01 TO DISCUSS ACCT. I MADE A PAYMENT OF $300.00 ON 5-7-01. I SENT THEM A C&D LETTER 10-28-02. THEY RESPONDED ON 11-27-02 BY SENDING ME THE ORIGINAL DOCUMENT WITH MY SIGNATURE ON IT. THEY ALSO CLAIMED I SENT MY C&D AFTER THE 30 DAYS OF THEM SENDING ME A LETTER(TRUE). IT IS SHOWING ON MY EQUIFAX AND TRANS UNION AS A CHARGE OFF. THE ORIGINAL CREDITOR IS CIRCUIT CITY. DO I SEND A VALIDATION LETTER AND DISPUTE WITH THE BUREAUS AGAIN? WHAT ARE MY NEXT STEPS?
Did you really send them a C & D, or did you send them the validation letter? You should read the thread by Butch "What is validation".
I sent them a DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT letter. It has validation and C & D all in one. I have read every thing from all of the validation threads. I have not seen an intance where the creditor sent a copy of the original form with the signature on it back to the consumer. The threads don't address that situation. The letter I sent is not from the threads. This is my own personal letter and it has worked perfectly for me until this situation.
S&P are at the bottom of the cease pool. They will break any law and every law in the book. I would send them an intent to sue letter for violation of the C&D. This is the way I got rid of them. In Texas where they are located they can't sue you unless the amount owed on the debt in greater than the small claims limit because CA can't sue in small claims in TX. Vanna
What was this for? A credit card? A medical bill? A utility?????? Did you dispute and they verified? Did they mark it in dispute on your cr? If they in anyway misinterpreted your Cease and Desist statement, then (in order to protect themselves) they may not contact you again. C & D prior to validation could be very tricky. What constitutes validation is not defined anywhere.
Vanna, that is not true!!!!!!!!!!!!!!!!!! It is true, they can't sue you at all in small claims court, but the debt does not have to be greater than $5,000 to sue! The CA just has to utilize the justice civil court or higher.
This was for a Circuit City credit card. I made a $300 payment to S&P on 5-7-2001 (my dumbass). They also sent the original application with my signature on it. My letter stated that I am disputing this account, but it didn't tell S&P to report the dispute. I'm wondering, by mentioning that I am diputing this account does that mean the creditor has to report it as disputed or do I have to tell them to report it. Also, if they are in violation of not reporting the account as diputed but they have sent me my signature on the original application do i still sue, and if I do what strength does the signature hold when we go to court.
How much are they duning you for? They have to mark in dispute on their own You're not required to ask or tell them to. Yes you could still sue. But I would continue following the validation process first.
Etheral, It rarely happens that they are able to dig up a contract with a sig., but when it does happen it makes things difficult. The others are right tho. All this proves is that you did consent to an agreement. But the remaining questions are still here. You still need a detailed statement including every transaction (Debit & Credit) to the account, interest accumulation, fee's , misc. charges etc. Also, your contract copy should have come from the OC. I'd have to be thinking about what kind of settlement deal you can make with the OC. Have you contacted them? If not, don't yet. Let us know and we'll see if we can work up a strategy. Is there only the one TL on your report? Is there only ONE CA? ??
Re: Re: S & P Help! Butch It is showing up on EQ & EX. I have 2 other negative TLs on my reports. It did not come from the OC. The CA sent it along with a letter. But it is the original application. Are you saying that it needs to be mailed to me by the OC? WHY? I think I will start the whole process over to see if they report it as disputed on bureau.
