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Old 04-28-2008, 03:22 PM
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BOBT12 BOBT12 is offline
Come and Get Some!
 
Join Date: Apr 2005
Location: Pennsylvania republic
Posts: 1,424
A Rose by Any Other Name...

Quote:
Originally Posted by Masked Stranger
I received a response from them. Which means they have received my "do not call" request, which they keep doing.

They had enclosed 2 capital one statements. None of them shows the $722 balance that they wrote on the initial contact notice.

one shows $550, while the other shows $589.

I have not however received any proof that they own the account, or that they are authorized to collect upon it.

Anything I can do?

Would it be wise to send them a letter,saying they have violated the FDCPA (by calling me 4 times since I sent the letter out leaving me those annoying automated messages)
I think so.

Quote:
Originally Posted by Masked Stranger
and to forget about this account
Yes. And send them a copy of the dismissal.

Quote:
Originally Posted by Masked Stranger
or they can sue me for their $589 (which is what they have so far proved I owe)
Why should you invite them to sue?

Quote:
Originally Posted by Masked Stranger
and I will file counter suit
Yes, if they sue.

Quote:
Originally Posted by Masked Stranger
for $1000 for FDCPA violation?
You should sue, or file charges, if and when it suits you. Do not let the DC set the tone of this situation.

Quote:
Originally Posted by Masked Stranger
Also I have received the "notice of dismissal" for the account I did not have.
Great!

Quote:
Originally Posted by Masked Stranger
It does not say with or without prejudice. However it does state "neither the plaintiff(s) nor the defendant(s) has any right to appeal from this judgment of dismissal."
Send them a copy, certified, along with your letter telling them to back off.

Quote:
Originally Posted by Masked Stranger
Does that mean its with prejudice? And I no longer have to worry about that account?
Yes, it looks just as good to me.
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