Reponse from Debt Collector
Date: Fri, 11/12/2010 - 08:54
The FDCPA is not very clear on this. But, I think they should se
The FDCPA is not very clear on this. But, I think they should send you some document that has your creditors' sign and that the debt has been sold or assigned to the CA.
I received copies of my statements for about six months with my
I received copies of my statements for about six months with my DV. Nothing that stated the CA has the right to collect. They also the mail non-certified so as far as I am concerned, I received nothing. No calls or attempts to contact me from that point though, so I don't know what to think about this.
They are not required to send anything showing proof of right to
They are not required to send anything showing proof of right to collect. Nothing is mailed certified.
Who are they collecting for?
Nobody is required to send anybody anything. Of course they hav
Nobody is required to send anybody anything. Of course they have to show proof. No they are not required to send proof but if they expect you to pay then they are required to show proof. That's what DEBT VALIDATION MEANS. It means to prove a debt. If they send you nothing they proved nothing.:idea:
I wouldn't say NOTHING is mailed certified. If I was going to send a debt validation letter to somebody who says they are demanding I pay an alleged debt, I will send it to them with at least a verification of delivery or signature required. Reason being I don't trust bill collectors, especially junk debt buyers with anything because they are pathological liars who are happy to trick you into paying something they have no right to. Far as I'm concerned if they can't prove I owe it and that I owe it to THEM they get nothin.
Is this a citibank account? It sounds like it with the statemen
Is this a citibank account? It sounds like it with the statements being sent. This also sounds like an assigned account.
Beware that if this is a Citi, Cap One or AMEX account, they will sue if you get difficult with them., And they can and will validate in court.
Be sure you have all the facts about who is suing you. Consider
Be sure you have all the facts about who is suing you. Consider this for an example of what I mean:
Most Junk Debt Buyers can't validate anything. I was recently sued by Midland Funding for an alleged debt with Citibank which I never had. They had nothing to go on in court.
Anyway, it it can definitely make a difference if you are being sued on a purchased debt by a Junk Debt Buyer who rarely has proof of anything versus the original creditor who is far more likely to have a more complete record of the account. So for example in the case of Citibank: Is it a Citibank original account or is it a Citibank 3rd party debt collector law suit. Significant Difference, imo. :cool:
The fact that I never had a Citibank account made a difference too because any "proof" they had would have showed that I was not the holder of the account OR that perhaps it was an account created with a stolen identity.