I requested validation from W&A earlier in the year, and now the debt is with someone else who is trying to collect on it. If W&A never validated in the first place and now someone else is trying to collect on it...isn't that a violation since there was no validation when I had requested it?
There is a letter in the sample letter forum called subsequent CA strategy. But, the letter is only based on a theory . I've used it with success, so I have never "pushed" the issue.
nevermind, I found it! Thanks a bunch. It seems to apply just to my situation exactly. So this is in fact a violation then eh? Yippee
I didn't say it was a violation...I said it was a theory. Not validating and passing it on to another CA is not discussed in the FDCPA.
So..if this ever goes to court than it would set some sort of precedent for others to learn from? for some reason I'm rally hoping it does go to court.
I don't know whether it would be a violation per se, however per the FDCPA, if a CA does not validate in regards to a consumer rqst for it, they are not violating any laws by not validating as long as they do not continue ANY type of collection activity, including continuing reporting it to a CRA, and sending you invoices requestin pmt, phone calls etc. I don't know that selling it or placing it with another CA is construed as collection activity. My opinion would be know. You just have to start the validation game again with the new CA.
I think that if when i spoke to them on the phone (mentioning that they are litigators) and if they sent two letters (one mentioning settlement and the other demanding payment), than that is collection activity. I sent of the Debt Val/Violation letter today. We'll see what happens from here. Also, is there a way to find out who regulates finance companies of a state? This account was "sold" I believe to Great Seneca Financial Corp, and I'd like to follow up on them and who regualtes them. Would anyone know? A One last thing...if an alleged debt is in collections and has been charged off. Is it still subject to the terms of the original contract or is it now under state law as to the maximun interest that can be charged etc..?
I don't know that selling it or placing it with another CA is construed as collection activity. tonyd ============== This is not a collection attempt. Selling the debt to another CA is a sale to the buyer not a collection from the consumer. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
One last thing...if an alleged debt is in collections and has been charged off. 1*Is it still subject to the terms of the original contract or is it now under state law as to the maximun interest that can be charged etc..? ex0dus ============= 1*YES A charge off does not change the terms of a contract. THE END ** *** ** LB 59
