I sent an intent to sue to this CA almost a month ago. Before that I did the validation and estoppel. They have several violations which I oultlined in the sue letter. This is what I received today: "Dear Mr. ---- I am writing on behalf of Worldwide Asset Purchasing, LLC in respons to your letter dated October 23, 2002. You have raised a number of points and I will respond to the same in the order that they appear in Our record do not show that we received the letter you claim to have mailed on August 16, 2002 (thats the validation letter) but your October 23 letter states that your August 16 letter requested verification of the debt. Under Section 1692g(b) of the FDCPA however, this request would have been made well outside the time period within which our firm would have been required to provide the requested information. You also have written that our firm failed to notify you within five days of receiving your verification request and that we did not send the verification within thirty days. I am not aware of any such requirements, however. You have written that our office continued collection activity following your August 16 letter, but even if we had received the same, the FDCPA does not impose such a requirement because of when the letter was sent. Your letter of October 23 also references phone coversations with this office and we must disagree with your allegations Because it appears that you are not willing to make any additional payments on your account (they tricked me out of 2 payments like 4months ago) we will return your account to our client. Your October 23 letter makes reference to an attorney, but no attorney's name is provided and I have not been able to find any information in our records to how an attorney that represents you. If you have retained an attorney by the time you receive this letter, please ask him or her to contact me." This is sent by Stewart and Associates which is the CA that Worldwide Asset uses. The account is a Nextcard account charged off and bought by Worldwide Asset. So it is obvious to me that these idiots have no idea what validation is, nor do they have any clue that the letters were certified with return receipt. But what does this letter mean? Is it good or bad? Should I respond? Thanks
It's good. That they are returning the debt to the OC and not threatening you further means they are running away. It looks like you have them on a couple of things, and this letter is their first line attempt at forestalling further legal action on your part. Keep after these lying bums, and don't let them off the hook for violating your rights.
Well the original OC is Nextcard so they are not returning it to them. Nextcard is gone anyway. They are basically bringing it back to the debt's owner which is Worldwise Asset right now. These scumbags are nothing more than some pathetic wanna be collection agency. Worldwide asset cannot do collection activity, they only do settlements so they hire these punks. So should I write anything in response or just wait for the next CA to try to do anything.
Since you sent an intent to sue letter, I would not write them back. I would now sue them and see what they say to that!! I hope you have proof of the initial validation letter, if you do then you've got all they need since they tried to continue collection activity. Again, file your small claims suit and see the bastards in court! Tac
Mecro, For future reference, a ca is under no obligation to notify you within 5 days of receiving your validation request, and, there is no law stating they must validate within 30 days. In the future you should ask before sending out letters with incorrect info as it might come back to haunt you.
The problem here LKH is that the CA is saying they do not have to validate a debt after the initial 30 days which we all know is a pile of crap. Granted the 5 day notice was incorrect but the CA is either lying or is not aware of proper procedure on the rest.
Yeah the letters were sent CRRR so it's obvious the CA is lying, being that they signed the green cards. I dont even care about suing, I just dont want a judgement against me. If they are giving up on the collection and giving it back to Worldwide Asset, thats fine with me.
Fair enough, but what is your plan if Worldwide assigns this to another CA? Is the SOL drawing near, or is it a small amount of money? You said you were concerned about a judgment, so that suggests the debt is big enough that they will continue trying to collect.
