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Winn and Sims Debt Verification Recieved

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PostPosted: Mon Aug 27, 2007 7:02 pm Subject: Winn and Sims Debt Verification Recieved

I received my request of debt verification, they sent an old bill from July 2006 showing an amount, account, my name, etc.. does this count as verification? Should I ask for more?

They said in the letter based upon the statement sent it is now our intention to continue with collection activity...

My Capitalone account was charged off in July 150+ Days past due, but thats the date on this so called billing statement. Can I have a billing statement from Capitalone if the account was charged off, and to add to this, i never received any billing statements from them once i was late?


Anyone know what I should do next?

d2dtk



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PostPosted: Mon Aug 27, 2007 8:10 pm Subject: reply

Hi, d2! Welcome to the forum! You have come to the right place for your questions. I, unfortunately, am not an expert on collections/credit. However, one of our forum members will come along and answer your questions. Just hang tight! We're here to help! Very Happy
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PostPosted: Mon Aug 27, 2007 8:11 pm Subject:

Thanks, it's been a couple months since I've dropped in.
d2dtk



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PostPosted: Mon Aug 27, 2007 8:12 pm Subject: reply

No problem, d2! You came back! You knew where to come! Wink I promise, one of the members who "knows their stuff" will be along to help!
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PostPosted: Tue Aug 28, 2007 5:02 am Subject:

Ask yourself these questions to validate your debt?
Did the statements originate from Capital One?
Is the amount being collected the exact same as what is on the statement?
If there are extra charges are they documented and shown on paper as being legal?

Something to remember is Cap 1 loves to sue and keeps very good records.

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PostPosted: Tue Aug 28, 2007 7:19 am Subject:

Hey cajun, I don't think it came from Capitalone becuase the date on it is when it was charged off, it also has finance charges, and purchase charges with no details about the charges.

My credit limit was $400, and my last statement i was paying on was in the $300+, and now its saying its up to $912. But on my credit report it says $912 written off on July 2006, and $1149 pastdue as of Aug 2007. So i'm kind of confused of what is due and why the difference. Also the "bill" they sent says that $912.93 is due on August 28, 2006. How would they be billing me if the debt was charged off and went to collections?

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PostPosted: Tue Aug 28, 2007 7:21 am Subject:

I'll upload the documents today some time to show everyone, maybe that will help.
d2dtk



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PostPosted: Tue Aug 28, 2007 10:29 am Subject:

There is difference between debt validation and debt verification. In Verification they only put your name, what's owed, etc. The Debt Validation letter askes them to prove they own the debt, how they came up with the interest. etc.

Probably how the balance came up was the collection agency adding their interest, or at least that's what happened with me.

If you have any other questions, please ask. And if you post your statement here, please be sure and block out any personal info for your safety!!..KAren Very Happy

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PostPosted: Wed Aug 29, 2007 8:54 pm Subject:

I haven't had time to get it scanned yet, but i will. I don't think they validated the account with a old statement. Is there something I should send to the company and demand validation again?
d2dtk



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PostPosted: Thu Aug 30, 2007 3:51 am Subject:

You can modify the original dv letter to your needs stating what you have received is inadequate.
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Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Thu Aug 30, 2007 9:14 am Subject:

Would they still have to investigate it or can they just ignore it?
d2dtk



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