I received validation today- my original application with my signature. UGH.... What should I do now? Maybe write another letter for a complete accounting for the balance? Any suggestions would be greatly appreciated.
Yes that proves the account is yours, but does not prove what you owe. Send the estopple letter with a demand for full disclosure of the account showing the balance owed and amounts paid. -Peace, Dave
Also, as someone had previously posted, a signed application does not even necessarily mean it's your account. Just because you signed your application, does not mean you were approved, or that you even accepted the card. For example: A consumer fills out an app. for a Platinum card with Bank x. Bank declines the application. 6 months later, the consumer gets a collection notice for charges allegedly made to this account, and bank x has supplied the CA with consumers signature on application. Does this prove this consumer made these charges? Like Dave said, send the estoppel requesting a full disclosure of all statements, records, etc.
Good advice. Can they usually produce that sort of proof? What if the CA says that they've already sent proof and validation. Do I then send a letter to the CB demanding they remove it because the collection agency was unable to prove it?
I think someone posted a court ruling not long ago about this. I think the court ruled that a signed contract was not validation. I agree with Dave, ask for the accounting. Candi
I almost wondering if my original letter should have asked for this information? I basically indicated that I would like a copy of a signed document or contract bearing my signature as suggested and that is what they sent me. I just a bit confused. Sorry.
Your original letter was fine. Most CA's cannot even come up with a signature, so asking for what you originally asked for would normally stop them in their tracks. However, since they've taken it one step further, now so will you.
No you did not "shoot yourself in the foot". Luckily what is required for validation under the FDCPA, out-trumps your request for a signed document. Meaning, even though they gave you what you "asked for", they are still required to provide proper validation. So your original letter did not HURT you in any way save for "time". Simply send in another validation letter from the sample forum or the estopple letter with a demand for PROPER validation as you are entitled to under the FDCPA. This time include a statement to the effect that you are NOT simply requesting a signature, but proper validation in the form of proof that you owe this debt complete with balances and amounts paid on the account. -Peace, Dave
I'll give it a try and post my results here. I hope this works though. I would hate to have to pay them after all this. I know from the letter they sent me that they were very happy they produced the signed contract. Thank you very much for your input.
Ok, I'd send and ask for complete validation. I just received a copy of an admission form with my signature on it, and the CA said they were deleting anyway. I just checked my reports, and it is gone. I don't know whether they just didn't want me hassling them anymore, or if it was because the debt was assigned. I plan on paying it anyway, just didn't want it sitting on my credit report for the next 6 years. Someone correct me if I am wrong, but if the original contract doesn't state "and/or assigns" and the creditor assigns (not sells) the debt to a CA, they don't have a legal right to even be collecting on it? Gib
