How to respond to a letter
Date: Sun, 03/06/2011 - 10:22
The case of Graziano vs. Harrison 950 F.2d 107, 113 (3rd Circuit 1991) held that computer printouts, which inform the consumer of the amount of the debt, the date of the services provided, and the dates of which the debt was incurred were sufficient verification for the obligation.
Further, the Court of Appeals in the 4th Circuit has held “Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep details of the alleged debt. Chaundry vs. Gallerizzo 174 F. 3d 394 (4th Circuit 1999) at 406.
Since we have provided with you with the information required by the FDCPA, we consider this debt to be validates. We will continue to collect on this debt.
This information is from a debt collector.
This was the first communication from them since 2007. I had sent a validation letter every year, and had gotten no response. I was inquiring as each year they collect my state income tax refund. In this letter they attached a judgment from 2008, I never received it.. I would have attended. Of course now the account has increased by $2800 of interest. How do I respond to this letter? Thanks.
wait, cap one still owns the account? you're beat on validation.
wait, cap one still owns the account? you're beat on validation. next question should be why you dont know about the judgment...
Something else must be getting your tax returns....credit card d
Something else must be getting your tax returns....credit card debts are not eligible to go thru the tax offset program.
Correct....capital one as the original creditor is not obligated under the FDCPA.
Have you looked up the judgement??
Okay, so I probably should have started with this: Buckles and B
Okay, so I probably should have started with this:
Buckles and Buckles here in Michigan is the collection agency. I know that it is my debt, but after a divorce and being a single mom it's hard to manage. Am I better to send a settlement letter and offer payment agreement? I'm afraid that they will freeze my bank account, but I think they need to have a judgment to do it?
Also, do I just go the district court and ask to see the case #?
Thanks for the help.
You should be able to look it up online . DVing after a judgme
You should be able to look it up online .
DVing after a judgment is a waste of time.
Is this the first time you have ever heard of this judgment? If
Is this the first time you have ever heard of this judgment? If you were never served you should go to the courthouse and look at the case, particularly the method of service. Then you should file a motion to vacate since you were never served.
You should also check and see if the original creditor still owns the account and if they were the ones who sued you you can call up the card people and simply ask. I say this just to establish if the OC was the one who sued you or if the debt got sold and the CA sued you...BIG difference because if the debt was sold there is a chance the CA may not have the appropriate documentation to offer proof....just how old is the initial account anyway? When was the last time you made a payment on it?
If you can get the judgment vacated you can then DV the CA...BUT if they are acting on behalf of the OC they will be able to sue again and more than likely have all the documentation...but at least you can defend yourself in court and get a payment arrangement from the courts as the judge will take into consideration your financial situation.
Quote:
The case of Graziano vs. Harrison 950 F.2d 107, 113 (3rd Circuit 1991) held that computer printouts, which inform the consumer of the amount of the debt, the date of the services provided, and the dates of which the debt was incurred were sufficient verification for the obligation. |
WHAT computer printouts did they provide? Were they from Capital One, or the CA? The above quote is true in that the documentation is sufficient IF it came from the original creditor, NOT the collection agency! As for the other stuff such as a signed contract, well you can argue that in court you can demand that info during discovery and they have to provide it.
Quote:
Further, the Court of Appeals in the 4th Circuit has held “Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep details of the alleged debt. Chaundry vs. Gallerizzo 174 F. 3d 394 (4th Circuit 1999) at 406. |
This is just total bull pucky. I have to wonder about the CA because this is a typical bottom-feeder CA response and it is totally bogus...this case they reference is in fact a case where debt validation was already provided once and that more was not needed, PLUS it was a case over lawyer fees.
The last payment I made on the account was in June of 2007. The
The last payment I made on the account was in June of 2007. The credit line $2500. The only thing the CA included in the letter was one copy of the Capital One statement from Dec 2007, saying that I was 5 payment behind. That's it.
Let me ask another question, I've searched our court records here, and can not find any judgement or even the case number listed anywhere.
Also, just wondering when a CA files forms with the court, do they all say : this is communication from a debt collector"? It just seems a little weird to me, but what do I know...
SOL for Michigan is 6 years so it is still within SOL. Does the
SOL for Michigan is 6 years so it is still within SOL. Does the amount owed on the statement match what you recollect owing, or does it match what they say you owe? If it doesn't they HAVE to provide you with a copy of the signed contract/agreement that states they are allowed to charge interest and/or fees.
You couldn't find a copy of the case at all? What exactly did the judgment paper say? It should have listed the court the judgment was granted.
I have seen that statement on court documents before...I think it is there for them to try and cover their rear ends.
Have you spoken to capital one yet about the account in question? You need to find out if they still own the account and if they do, who is in charge of it at the moment.