sherman acuqistion/affidavit of deb

Has 30 days past? Granted they don't HAVE to validate in that time but I'd give it to them, then sent a 2nd validation request underlining that you want to know how you owe this debt and the amt they are claiming.

I did this, then in 30 days, I sent to CRA copies of letters and crrrr proof and told them ca wouldn't acknowledge. CRA deleted.

 

Did their reply comply with:
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. "

 

Or did they not provide what FDCPA requires them to send, but did they instead imply by what they sent that that was full compliance with FDCPA? File an FTC complaint, and send a copy of their affidavit and letter.

 

To the least sophisticated consumer, would their reply letter combined with the "affidavit" overshadow the legally required FDCPA disclosure of the consumer's right to dispute, and the consumer's right to have the CA stop collection when no validation is actually provided, deceptively creating the impression to the least sophisticated consumer that they do not have the rights under FDPCA that the law says they have?

You might give them some more rope by sending them a followup letter, CRRR, notifying them that the debt is in dispute, and summarizing the specific items you are requesting (original creditor, account number, date opened, date of original delinquency, amount at original delinquency, current amount due under terms of the original agreement, etc.), and that their prior reply did not provide that. Also note that they may not continue to collect until they validate.

They appear to be both claiming they have validated (yet they haven't provided sufficent validation information), while not validating, and claiming that their affidavit is a substitute for validation. Their "out" if it ever went to court might be either to claim the consumer never complained that their "validation" was insufficent, so it must have been sufficient, or that they did not actually continue collection activity. Their reply itself is continued collection activity.

 

Read this post about the Sherman bull$h*t Chaudhry affidavits:

http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=60582

 

Setting up a payment plan and making payments to a CA might establish an "account stated".

This is not the same as "Ha! Ha! You're stuck since you didn't get the mail we sent to someone else's address, and that was 6 months ago, so 30 days has passed, and you have no rights, whether this is your account or not." That is not "assent" between 2 parties.

 

Claiming "account stated" when there is no existing relationship (and therefore no "account stated"), should draw an FDCPA violation complaint for:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807

"�§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
...
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
...
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. "

 

Let's see...

A year ago I sent a JDB a bill for $1 million and they never disputed it. It was sent to them

c/o Occupant
1600 Pennsylvania Avenue NW
Washington DC

I guess it's time to sue them and my Account Stated claim will be upheld, right?

 

See how far you get collecting at that address.

 

That place keeps changing occupants every few years. They probably get lots of unforwarded mail to past occupants.