citibank, lawsuit
Date: Wed, 03/11/2009 - 06:32
law firm
address
Omaha NE 68137
Re: Acct Ref. # xxxxxxxxxxxxxx
To Whom It May Concern:
This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent
I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character
If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
It would be advisable that you assure that your records are in order before I am forced to take legal action.
Best Regards,
my name
On March 6th I received a certified letter which was a court summons. Any ideas of what I should do?
You sent a debt validation letter to Citibank??? Citibank would
You sent a debt validation letter to Citibank??? Citibank would be the OC and are not subject to the FDCPA. Plus almost all of the requests for information will be ignored.
it was to the law office that represented citibank and had the n
it was to the law office that represented citibank and had the notice required by law, of the 30 day dispute of validity. Does that make a difference?
Well you said you sent it to Citibank and Citibank signed for it
Well you said you sent it to Citibank and Citibank signed for it.
Does citibank still hold this debt or has it been sold off? Is the attorney representing citibank directly?
The only thing they have to send you is a copy of your signed cardholdlder agreeent. IMHO these cut and paste letters off the net should only be used as a guideline as most the requests in them are simply frivilous and do not have to be supplied. The letter probably cause the summons to be sent...seen it happen too many times.
They did not send anything to me other than a letter: This
They did not send anything to me other than a letter:
This office represents Cititbank South Dakota in the matter identified above. Pleae contact this office to discuss the account. You may speak with my legal assistant (phone number)
This letter is an attemp to collect a debt, and any....
signed by the name of the law firm
Notice Required by Federal Law
info
what is IMHO?, I just followed the advice of another forum
IMHO = in my humble opinion DV sample letters really should
IMHO = in my humble opinion
DV sample letters really should only be used as a guideline especially when dealing with contingency accounts. They have direct access to all the information and will probably show up in court with it.
I am working with RAM financial and they said I should sent an a
I am working with RAM financial and they said I should sent an answer to complaint letter via registered mail, I am waiting to hear if I should send just that letter or another letter along with it any ideas on that?
If you already got served a summons, you need to answer that. I
If you already got served a summons, you need to answer that. It is too late to do a traditional DV...what you will need to do is get your validating documentation in the discovery part. If they don't provide competent proof, then you motion to dismiss based on no proof of debt.
was the debt validation I sent not valid? Also what is the disc
was the debt validation I sent not valid? Also what is the discovery part? I am new at this.
if you send the DV after you got the summons, then no, it is not
if you send the DV after you got the summons, then no, it is not valid as it would have had to have been sent before a suit was filed.
Discovery is when you can demand strict proof from them and they of you. However, do not admit to the debt or do thier job for them. You will get a set of papers that are numbered questions, you answer them either by deny or 'have no sufficient documentation to agree or disagree'. You will form your questions just like them, and ask them for the contract, the last statement, proof they are legally able to collect, etc.
hof julie I linked your credit repair blog---------is paying yo
hof julie I linked your credit repair blog---------is paying your debts settling for less after not paying and then getting validation and settling and agreeing to pay less or is it paying what you originally purchased and agreed to pay?-----do you have to pay the original debt if you let it go far enough where they try collection or do you get away with paying less and getting it cleared up and then can clean up your credit report after you clear it up? I think a lot of people are wondering this and you have experience on this when you said in blog you have paid after you demand a debt validation but did you have to pay the whole amount you owed after it got to that point? thanks:-) (I have some debts that I would like to negiotiate and would like your advice)
I did not settle for less, I paid the full amount. The company
I did not settle for less, I paid the full amount. The company was forthright with me, no funny business at all. I Dved and they had no problem complying with it and provided the proper documentation and then we set up a payment plan and I got it in writing, I paid it off and that was that, it isn't even on my credit report.
I generally don't settle, because of the 1099-c and the fact it will just sit on my credit report as settled. I prefer to negotiate a pay for delete and pay the full amount. I don't mind paying because if it gets to that point they already complied with the DV and have properly validated the debt.
I absolutely refuse to pay for anything not validated and will take them to court if they don't remove it from the credit report....so far I have had to sue only one...the other couple complied and removed it from the CRAS.
can you negotiate a pay for delete once it has been sold to 2nd
can you negotiate a pay for delete once it has been sold to 2nd creditor? I have two that amounts are way more than original debt do I negoitate for original amount or try to pay for delete on amount new criditor is attempting to collect? I am so consfuse d
Is there SOMONE OUT THERE WHO has this problem I said above ?or
Is there SOMONE OUT THERE WHO has this problem I said above ?or can answer the question above? Golden please offer comment so I can understand what path to take next you are so smart I think your advice is the one I need hoping for your answer
Golden it was sent before I got the summons they were about 10 d
Golden it was sent before I got the summons they were about 10 days after the 30 day time frame, I have sent everything registered letter. I didn't get your reply before I sent the summons, I did admit to the card number but not the amount as I didn't get a debt validation letter. I sent the letter to the court clerk and lawyer via certifited and also sent a hardship letter with it incuding the information I had sent them a debt validation and did not recieve one (in hardship letter)
Guest: You can negotiate a pay for delete with whoever currentl
Guest: You can negotiate a pay for delete with whoever currently owns the account. If the amount is different from what you owed then you especially need to DV that company and make them prove how they came up with the amount and if it is even legal to charge whatever extras they charged. NEVER pay anything until they properly validate the account.
Once you get the validation (and depending on if the amount is correct or it got amended then you can negotiate with them either to settle (I don't like settling, but if you settle and the remainder is less then $600 you won't get the 1099) or to pay for delete.
mjanssen:
Well you can countersue them for violating your rights by continuing collection activity without validating the account. You shouldn't have admitted to the card number, the lawyer will be like a shark smelling blood. Don't admit to anything without proof. for example when asking if the card number is yours you should have answered with: unable to identify the card number without documentation.
I am not sure including the stuff about the DV letter makes a difference in the hardship letter and I think at this point even sending a hardship letter was jumping the gun a bit because it looks like you are admitting to the debt....you should have saved the hardship letter for if they won the case and then gave it too them.
Make sure you send your discovery to the lawyer and ask for everything under the sun. Also be sure to object to any affidavits they may produce as being hearsay. (you have the right to question the signer of the affidavit and besides, how could they have personal knowledge of your use of this card?)
THANKS ! GOLDEN--VERY HELPUL I HOPE I DON'T HAVE TO PAY FULL AMO
THANKS ! GOLDEN--VERY HELPUL I HOPE I DON'T HAVE TO PAY FULL AMOUNT I OWE THAT IS ALL I AM PRAYING FOR I SHOULDN'T HAVE TO PAY IT ALL IF I SPENT TOO MUCH AND NOW CANT PAY RIGHT? IF I OWED A CERAIN AMOUNT OF MONEY AND IT TOOK THEM THOUSANDS MORE TO TRY AND COLLECT THE MONEY I OWED I PRAY TO GOD I DO NOT HAVE TO PAY FOR THAT AS WELL THANK YOU GOLDEN AND GOD BLESS FOR YOUR VERY NICE ANSWER AFTER i ASKED!!!
Sick of Citibank And there gready B.S.
sue them that,s what I'm doing! It's about time people fought back! They added over $3000.00 on my card after identity theft. INSTEAD of helping me stop it or investigate the charges!
summons
i received a summons from an attorney for fia card services to requesting an answer or any other defense including counterclaim to the complaint filed against me in the circuit court county that i live in. I am to serve my answer or defense within 20 days after service. How exactly should i do this. I do acknowledge the debt (i turned it over to a debt consolidation). I am not sure how to "answer" appropriately.
Here is an informative site about the civil court process, and y
Here is an informative site about the civil court process, and your choices for defenses and responses:
"http://www.nedap.org/hotline/court.html"
It is for New York and so may vary in some detail with your state.