Mj scott
Date: Sat, 06/04/2011 - 21:47
So they will continues with the activities.
Any thoughts or ideas?
how bad and expensive is bankruptcy.
no, they lied to you
The problem is that they talked about "verification". Under the FDCPA, they are REQUIRED to provide VALIDATION when you ask for it. Verification is what they do with the credit bureaus. When you dispute the debt, VALIDATION is what they must provide to you.
The Chaudry reference is often misused--it has nothing to do with what you are asking for and what they legally must provide. I would send them another certified letter and explain to them that this is not a request for "verification" but instead for VALIDATION, and according to section 809 of the FDCPA they MUST provide it.
Further, the FDCPA requirement is that validation is to be from the original creditor--in other words, they need to contact the original creditor, get the documentation from them, and then provide it to you. It cannot be a statement on the debt collector's letterhead saying "you owe us this much because we say so".
EDIT--Your request was not for the CA to keep their own detailed records, the law also does not make such a requirement. But the law DOES say that they must contact the original creditor and obtain the documentation from them, and then send that documentation to you. In the Chaudhry case, the debt collector did just that, and the court found that their actions were legal. the people that contacted you did not, they simply said "we dont have to" and they are wrong.
Bankruptcy is expensive. You have to pay lots of fees. The fees
Bankruptcy is expensive. You have to pay lots of fees. The fees of the bankruptcy lawyers are quite expensive. Bankruptcy will remain on your credit report for 7-10 years. It will also reduce your credit score by 200-250 points. So, think whether or not you can afford that. It may also be difficult for you to qualify for loans post bankruptcy.