Chase Ignores Validation Request - What Now?

[az123]

In February I sent (with delivery confirmation) a letter to Chase Bank demanding that they validate (not verify) within 90 days my alleged debt of about $7000. I said that they must do this per the FDCPA. Although the daily collection phone calls from Chase stopped immediately (I told them to stop calling), they have otherwise ignored my letter, and continue to send me bills and threatening letters. They have sent me nothing in the way of validation. They have not, as yet, sent this to a collection agency.

I am not sure what to do now. I am not sure if the FDCPA actually applies to Chase Bank, or if it applies only to collection agencies. I would appreciate any help.

[mrg]

Originally Posted by az123

In February I sent (with delivery confirmation) a letter to Chase Bank demanding that they validate (not verify) within 90 days my alleged debt of about $7000.

I said that they must do this per the FDCPA.

Although the daily collection phone calls from Chase stopped immediately (I told them to stop calling), they have otherwise ignored my letter, and continue to send me bills and threatening letters.

They have sent me nothing in the way of validation.

They have not, as yet, sent this to a collection agency.

I am not sure what to do now.

I am not sure if the FDCPA actually applies to Chase Bank, or if it applies only to collection agencies.

I would appreciate any help.

Do not throw anything away.

Save everything, I even save the envelopes and staple them to the back of the communication.

(I also noticed in court, that when the liar waved papers that I had mailed him, at his accomplice in the cassock, that the envelope was stapled to them.)

Put everything you wrote, and everything they wrote in a file.

I may be wrong, but at some point, (180 days?) a "bank" will have to turn it over to a debt collector.

If Chase is the "creditor"as defined in FDCPA, I do not think that parts (if not all) of FDCPA apply.

I could be wrong.

(See section 803 Definitions, (6), and (6), (A) - (F)

Do the correspondences you receive have any statement saying that it was a communication from a debt collecor and any information obtained will be used in the procees of the collection of a debt, or words to that effect?

Did the communications say that unless you dispute the validity within 30 days the debt will be assumed to be valid, or words to that effect?

Have the communications come from the same address?

Are they signed by a signer who has a real name and a real job title and can really be located at the "bank," and identified as an "officer or employee of [the] creditor while, in the name of the creditor [is] collecting debts for the creditor?"

Have you studied the FDCPA thoroughly?
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

I do not know if this will help, but it should get you thinking maybe.

[Shoonra]

If they should provide this information and didn't, you can always demand it when/if they haul you into court.

However, I do not recommend dragging this case out if you know that, yes, you did use the credit card to run up these bills. If that's the case, dragging the case out will only raise the expenses that you must pay.

[Livefire]

If Chase is the OC, not all of the provisions of the FDCPA apply to them.

[mrg]

BTW:

Shoonra
This message is hidden because Shoonra is on your ignore list.

Something to consider.
Caveat viator

[mnchicago]

If and when they do send you anything, tell them you
accept the amount owing for value. Then, request that
they validate the debt. Request that they send you a
copy of the contract signed by both parties.

Request that they send you an invoice, not a statement,
and signed by someone with corporate authority to do so.

Notoraize your letter.

Send it from a notary. Give them 30 days to respond,
and they have to respond to the notary, not you.

Now, you do not have to say you accept their debt for
value, if you do not want to. I have never done this
before, but I do not believe you have anything to lose,
at this point.

By saying you accept their debt for value, you are
agreeing to it, which is true anyway. As I understand it,
by you accepting it, you now become the holder in due
course, and they have to respond to you on your terms,
as holder of the debt.

By sending it notarized, and through a notary, you are
setting up for a notarial protest, which WILL hold up in
a court of law. There are a few more steps in this
procedure, should you decide to use it.

Again, I have not done this before. This is what I have
been reading about, of late. I do not have credit card
debt, so I can't use it. If I did, I would.

Also, if a frog had wings, it would fly. (That just goes
to show the validity of any "if" qualified statement.)

This is just to give you some options. It does not seem
to me that you are putting yourself in any legal jeopardy,
otherwise, I would not recommend it. Someone else may
have firsthand experience, or know differently.

At a minimum, I would make them send you a copy of a
signed contract by both parties, and a signed invoice
showing that you owe them what they claim you do.

That's as much as I know, at this point. Do your own
research, and make your own decisions.

[Judge Roy Bean]

Originally Posted by az123

In February I sent (with delivery confirmation) a letter to Chase Bank demanding that they validate (not verify) within 90 days my alleged debt of about $7000. I said that they must do this per the FDCPA. Although the daily collection phone calls from Chase stopped immediately (I told them to stop calling), they have otherwise ignored my letter, and continue to send me bills and threatening letters. They have sent me nothing in the way of validation. They have not, as yet, sent this to a collection agency.

I am not sure what to do now. I am not sure if the FDCPA actually applies to Chase Bank, or if it applies only to collection agencies. I would appreciate any help.

Are you disputing all, or just part of the $7,000? If there's a dispute about charges on an existing account, the only path is through arbitration.

If they close the account and hand it to an attorney or sell it to some other "debt collector," the FDCPA becomes much more relevant and civil action is the path.

[mnchicago]

JRB: ...the only path is through arbitration.


That ain't a path I would ever take.


Just my POV.