Hello all, I sent this verification letter out to Applied Card Bank And they responded with this: So based on this what should be my next course of action? I've searched for a follow-up letter to no avail. Thanks
Rule #1) Don't send a form letter without knowing exactly what the letter means, and how to respond to any possible response. http://consumers.creditnet.com/Discussions/showthread.php?t=31911 Butch offered the following advise as how he got started, he did nothing for at least three months, while he read, read, read, and read, then re-read, re-read, re-read, and re-read some more. (NOTE: It was only three months because he could eat, drink, and sleep this stuff.) In my case, I had started slow, then had a situation where I had no choice but to eat, drink, and sleep the FDCPA for a full month; actually I didn't sleep the stuff, I was logging about 20 hours a day in reading the FDCPA, and related stuff. First, original creditors are not required to provide documentation. They are required to respond to disputes under the FCBA, and the FCRA, but providing validation is not required for an original creditor. If they do, great, if you have the right case-law, you can calm the savage beast, and have them wanting to give you the documentation. Do a search for Johnson v. MBNA. It should pop out to you the right passages to include with a little reading. (Shorten your searching by searching for posts by me, first, then in general.) However, since you've threatened suit if they don't cure the situation, you may have postured it so that the only way you'll be able to make progress is by following through.
If they have sent it to a CA, then you can request validation, and the CA can't charge you for providing it. Your rights are strongest if you do so within 30 days of initial contact with the CA. If you are dealing with the OC, you are disputing with them as a data furnisher (or reporter of information to a CRA) and your dispute is covered by FACTA, which is part of FCRA. You do at least have some of the basic information on the account from the OC, including the date of last payment, should a CA be misreporting or reaging.
