Hi I sent a Validation letter to a cc and received a letter from there attorney what should I do now?
You said that you got a letter from their lawyer, but you did not say what it said. Can you tell us what it says?
Yes I used the one from this group. It said the cc will be sending me the validation and they have turned the collection over to him.
The orginal ceditor was direct merchants that turned it over to Lake Valley Retrevials that turned it over to there lawyer.
This was the second time I sent the validation letter the first time they said they would send validation and had sent collection notices 8 times before I disputed the second time I received the letter from the lawyer, this is exzactly what it says. My name is Raymond A Marrero ESQ, I am legal counsel for LVR, INC Your correspondence has been fowarded to my office. On Monday 11-26-01, I shall contact our client for Documentation involving your account. I shall contact you once I have received the status of the order. Please address all future correspondence to my office. Should I send him the estopel?
The attorney's letter is a new chance to send another validaton letter to him. He is also a 3rd party collector and you send him a validation letter within 30 days of the receipt of his first letter to you. Be sure to keep his letter to you and check to see if it also has the mini-miranda notice on it. The little notice that says "this is an attempt to collect a debt" type of statement. If it is not there then the attorney has already violated FDCPA. So get him a validation letter too. Then he is stopped from proceeding until he proves the debt.
You're Funner Doc. I'm just playin' Doc.Young mp$40 (last PM)called me a "suspicious" (not Mysterious,sorry)Newbie> I liked the Let The Dogs Out part,("the watchdogs"). So here comes WAG(Great Post,imho),and I just couldn't resist "yelling" for you to "call the watch dogs"! Hmmmmmmm??? WAG ? As in "Wag The Dog ",or "Wag" - The Watch Dog ! Puzzlin' huh ??? Psssst....I'm just trying to throw them (the Dicks), I mean the Detective's off my trail No Offense Meant - Just Funnin' with the Suspicious Minds. KNDT (DT - Dallas,Texas---NOT---Oklahoma City,OK.)
Is the estoppel letter in the Sample Letters forum? If so, what is its name? Is the validation letter to which you referred there, too?
No The little notice that says "this is an attempt to collect a debt" type of statement. is not on the letter. The collection notice were sent before I sent the validation letters.
Before you go running off to the courthouse to file this lawsuilt, you might want to review 15 USC 1681s-2. For those of you that don't have it handy, this is the section of the FCRA that imposes duites on providers of infomation to CRA, and subsection (a)(2) sets forth a "duty to correct and update information" which might be relevant here (subsection (a)(3) also sets forth a "duty to provide notice of dispute," but it applies only when information is furnished, so if ist reported before the validation request, (a)(2) is probably the more relvant provision). Unfortunately, subsection (d) provides that "Subsection (a) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials indentified in that section.. Thus, unless you for for the FTC or a State attorney general, don't start spending your $1,000 (much less punitive damages) just yet.
No one said anything about all civil lawsuits by individuals pursuant to the FCRA and FDCPA. Obviously many are explicitly permitted by statute. We are talking about suits under the FCRA against a provider of credit information for failure to provide accurate information to a CRA pursuant to 1681s-2(a). Do you know of any such suits that have been successful? If so, please provide identifying information so that we can find them and cite them to other courts.
