Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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Old 01-04-2005, 02:22 PM
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Livefire Livefire is offline
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Capitol One/ Westmoreland saga

I would appreciate some input with this collection agency,

Back in early November, I received a letter from Cap One date 10/26/04 saying they had purchased a charged off debt from SBC/Ameritech for $598.00. On 11/03/04 I sent a letter off via certified amil asking to validation of the alleged debt which they received on 11/09/04.

On 11/18/04 I received a letter saying they had received my notice and would respond with the information. I didnt repsond to this letter as it was a non response to my inquiry.

I sent my estoppel letter dated 12/13/04 saying they were estopped due to non response, which they received on 12/17/04.

Today, on 01/04/05 I received a letter from Cap One dated 12/27/04. This letter had a copy of a Oct 2002 bill from SBC dated Oct 2002. Nothing else was enclosed. The letter says...We have enclosed the following documents which verify that this is your account. Funny thing is also the envelope had been tampered with (opened and resealed with scotch tape).

My question is, does this actually constitute validation per FDCPA and other case law?? As far as I understand the law they were in default after they received the estoppel letter. Do I have a leg to stand on with them being in default or am I screwed???

Any input from the board is welcome. How do I proceed from here?

Thanks,
Livefire
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Old 01-04-2005, 07:25 PM
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Cool Not validation

Nope, not validation. And if it is dated 2002, is it still a viable debt? And if they are a third party (they admitted they purchased the debt!) they need to prove that you have a contract with them authorizing their involvement in a 'private matter'. They need to provide 'proof of holder' I believe. Thank them for their try, but tell them they are unresponsive and untimely to your request. Just a couple thoughts.

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