Capitol One/ Westmoreland Agency

[Livefire]

Greetings all and one!
Long time lurker first time poster here. On 10/26/04 I received a letter from the Westmoreland Agency (Cap One subsidiary) saying they had purchased an outstanding $598 debt from SBC Ameritech. No way I owe this because I paid SBC in full when I changed phone service providers. So I send them a letter via certified mail asking for validation of this debt ( provide me an orginal signed copy of the agreement, detailed accounting and such) They received the letter on 11/9/04 according to the green card. Their response dated 11/18/04 states that they received notice from me that I was "disputing" the debt and would inform me in writing of the results of their investigation. I didnt respond to this letter since it was a non-response and was planning on sending an estoppel letter on or about 12/09/04.

Yesterday (12/09/04) my friend pulled my credit file for me and lo and behold,
I see that Capital One has reported this account to all 3 bureaus! Now it seems to me that THEY are in violation of the FDCPA!!!! My understanding of the law is, is they cannot report or take collection actions on an ALLEGED debt that is being disputed (thats the wording of the law, not my choice of word!)

Needless to say, I'm chomping at the bit to send them a Notice/Opportunity To Cure letter to their legal department. Looks like Im gonna have a good time!!! oh yes I am! LOL Capital One and the Credit Bureaus are about to hear from me.


Well all you Sui Juris folks......The floor is open for comment, FIRE AWAY!!! Im looking forward to your input and Jerseee, it seems your VoD/CPN package is MIA in the download section, is there any other way to get it???

Have an Awesome Day!!!

[Jerseee]

Livefire,

Welcome to the forum!

First let me say that you should have congratulated Westmoreland on their purchase and gently reminded them that no one can purchase a debt and then try to collect on it. That's real close to RICO.

Second, you did well in demanding proof of the debt. Also, I would stay away from UCC stuff. Use the law not just code.

And you can contact Weis about the downloads area. I was wondering where that VOD went as well but, sometimes I think it is best since I just use letters now and not that whole package.

[Livefire]

Jerseee,

I like your subtle wit and sarcasm! LOL. You're right, they not only violated provision of the FDCPA and FCRA, they have also most likey committed a felony by using the USPS to commit fraud and extortion!! (by knowingly mailing me a fradulent document and using 3rd party agencies (credit bureaus) to cause damage to my commercial person. Just gotta prove collusion between Cap One and the bureaus for a RICO charge I suppose.

My next document to them will be a combined estoppel letter and a Notice and Demand. Maybe I should also draft a little presentment of my own...a dunning letter demanding deletion of the account AND a check in the amount of $1000 FRNs for statutory damages. I have ALL the evidence I need to validate thier indebtedness to me! *evil grin* They did, after write in the initial correspondence," We hope you will consider our offer."

Any suggestions or references to law sources or court cases from anyone is appreciated!

[Jerseee]

Thanks Live wire,

You gotta have fun or you're not doing it right. By Ice.