CA Sends Copy of Signed Application

Good question??????

 

NOPE, they must provide FULL ACCOUNTING for this account AND proof of their authority to collect this debt.

 

Just went thru this myself and a signed application is NOT validation of the account.

 

So what action did you take? What can they do?

 

Lizardking - what if the original creditor sends the signed application?

What are the requirements of the FDCPA besides the signed application then?

 

What if I am looking to get this information from the oc? I have a situation where I believe them to be mis-reporting the accounts, but "I" don't have any documents from that far back (5 years). Does the fcra come into play here? Can I use validation? If not, then how can I get this information?

 

I would respond to them with estoppel letter.

I have applied for many things over the years and am certain there are at least a dozen "signed applications" in file cabinets somewhere with my signature.

That is NO proof of a debt, it is nothing but proof of an application - doesn't mean you were approved, and doesn't mean you used credit from the creditor.

 

CA Sends Copy of Signed Application

Trade4Livn | 38 posts since Aug 2001 64.12.103.47 | 05.20.2002 @ 16:35

Sent validation letter to a CA and heard nothing for over 30 days. Sent Estoppel and have not received green card back. Today a FedEx letter was on my doorstep with a letter from the CA saying that they were legally authorized representatives for the OC along with the signed copy of the original application. Is this sufficient validation or must they provide all of the information requested in the validation and estoppel letters?
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Re: CA Sends Copy of Signed Application
tea | 71 posts since Mar 2002 32.97.110.70 | 05.20.2002 @ 16:37
Good question??????
~Tea~
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The answer is no to both of you folks Questions?

 

Where can I find this case? Can you provide a link to it?

 

OKAY, LIZARDKING. . .THIS IS YET ANOTHER PERFECT EXAMPLE OF "WHY" WE NEED THAT "LAW" REFERENCE SECTION ON THIS BOARD. I THOUGHT THAT I HAD A COPY OF THIS, AS WELL. I HAVE ACCUMULATED SO MUCH "STUFF" IN MY RESEARCH THAT I HAVE TO HAVE A COMPLETE FILING CABINET DEDICATED TO CONSUMER LAW!!

SURE WOULD BE NICE IF WE HAD IT IN ONE PLACE ON THIS BOARD WHERE IT CAN BE EASILY ACCESSIBLE FOR ALL OF US CREDITNET JUNKIES AND "ONLY TOO HAPPY TO SUE YOU MEAN AND UGLY DEBT COLLECTOR FREAKS"!! :O)

KELLER

 

The link was posted on several concurrent threads. The Spears v. Brennan case is Indiana.

 

Here's a somewhat complete link to legal references you can use in lawsuits and disputing credit:

http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml

Also, I have a question: doesn't the FDCPA state that:

So, I'm confused here about what exactly a collection agency needs to send that is proof. So if this question has been answered here before, but it seems that whatever a CA provides to one of us, someone always says that isn't good enough.

 

All we can really go by to answer this question is court rulings on past cases and FTC staff opinion letters. That may be why the "ambiguity" is there.

-Peace, Dave

 

So we are using the ambiguity against them? Sound good to me. If there's no hard and fast rule, then it is all up to court opinon. Cool.

 

( edit )

 

I got a "page not found" for this link.

 

No I would not say that at all. I would leave as little ambiguity for the court to rule on, I would TRY and influence the court of similar cases and past rulings.

All laws are all up for interpretation (the judge job) and the past cases and FTC staff opinion letters only influence the judge to use that information (if coming from an equal or higher level court) to formulate their opinion of what interpretations they make of the laws.

So if a past case (such as the Wollman case) shows that a certain Judge of a certain court interpreted things one way....it would weigh heavily on the interpretations of a judge of a similar case in a similar or lower court jurisdiction. But it is still open for interpretation...all cases are NOT equal, some are only similar and used as precident.

Hope I am explaining myself correctly. Also, I am not a lawyer, so I have no formal education on the matter. These are just my understandings of how the court's decisions are formulated.

-Peace, Dave

 

Spears v. Brennan

http://www.ai.org/judiciary/opinions/archive/03260101.ewn.html