Question? FDCPA Violation?

I sent a letter requesting VOD to a Collection Agency. In that Letter I also requested they cease and desist Collection Activity until they provide validation. I have since gotten 2 written communications from them one with a phony affidavit of debt, the next was from thier attorney represent them in regards to my dispute. I have requested VOD twice and asked to cease and desist twice and then I get a communication from their attorney asking me to contact them to solve this. The way I understand this is they may not contact me unless they are telling me they are discontinuing collection activity and pursuing legal avenues. The letter from thier attorney says nothing like that. So is that a FDCPA violation? The fact that they contacted me again without evidentiary VALIDATION after being told to cease and desist 2 times sent certified mail they have still not produced any validation. But they continue collection activity. This has been going on for three months now and so far has been shuffled through 4 different companies 3 of which are affiliated with each other. Balances on alleged debt are all over the board, very deceptive and misleading to say the least. Does anyone have any thoughts here?

[Judge Roy Bean]

Originally Posted by adconbill

I sent a letter requesting VOD to a Collection Agency. In that Letter I also requested they cease and desist Collection Activity until they provide validation. I have since gotten 2 written communications from them one with a phony affidavit of debt, the next was from thier attorney represent them in regards to my dispute.

They believe their affidavit was the validation.

Originally Posted by adconbill

I have requested VOD twice and asked to cease and desist twice and then I get a communication from their attorney asking me to contact them to solve this. The way I understand this is they may not contact me unless they are telling me they are discontinuing collection activity and pursuing legal avenues. The letter from thier attorney says nothing like that. So is that a FDCPA violation? The fact that they contacted me again without evidentiary VALIDATION after being told to cease and desist 2 times sent certified mail they have still not produced any validation. But they continue collection activity.

You can wait for them to sue you or you can sue them. If the "validation" of the debt is accepted as evidence, you'll need better evidence that it is bogus.

Originally Posted by adconbill

This has been going on for three months now and so far has been shuffled through 4 different companies 3 of which are affiliated with each other. Balances on alleged debt are all over the board, very deceptive and misleading to say the least. Does anyone have any thoughts here?

I would also suggest you visit the forums over at creditinfocenter.com - depending on the collector and debtor involved, you may get a better feel for how they operate.

[KITCHIE]

Their affidavit is NOT validation of debt. An affidavit as you well know must be written by someone with FIRST HAND KNOOWLEDGE. The affidavits from these clowns say they "have knowledge" Also they are to provide the account and general ledger, not a stupid print out.

You know all that...

Kitchie

[BOBT12]

Originally Posted by KITCHIE

Their affidavit is NOT validation of debt. An affidavit as you well know must be written by someone with FIRST HAND KNOOWLEDGE. The affidavits from these clowns say they "have knowledge" Also they are to provide the account and general ledger, not a stupid print out.

You know all that...

Kitchie

I think that you are correct KITCHIE. In fact, the affidavit must be signed under penalty of perjury. Thus, if one decides to sue the Credit Collector (CC), this may be a valid issue to bring up, since the third party CC will not have direct knowledge of the dept. Therefore, the CC, acting as a witness, is lying in order to get a favorable ruling/settlement.

Martha Steward may have been involved in such an issue? Not the credit issue, just the lying under penalty of perjury issue.

[masterduke]

Take Jaylon's lead and JRB's advice and SUE THE BASTARDS!!! Because if they already have some slimeball attorney trying to contact you then they will bust a move. The game is already in motion from that very first dunning letter. They are in the process of velcro-ing you with the usual "account/account stated" crap.