New to this need help!
Date: Thu, 10/20/2011 - 16:46
Michael Scott, PC
Attorneys and Counselors at Law
1120 Metrocrest Dru, Ste. 100
Carrolltou, Texas 75006
October 12, 2011
Re: Capital One Bank (USA), N.A. Small Business Credit Account
Acct. No. 5178057304xxxxxxx
Dear Mr./Ms. Garces:
This letter is written in response to your request that we verify the above-referenced
debt. In response, we undertook to determine (1) that the debt upon which we sought to collect
remained a valid and continuing obligation, (2) that the amount which we were pursuing was the
correct amount of the debt, and (3) that Sergio Garces was the correct party responsible for
payment of the debt.
As you may or may not know, this is all that the law requires. More speciï¬cally, The
Federal Trade Commission stated that 15 U.S.C. 1692g(b) is " . . . intended to assist the
consumer when a debt collector inadvertently contacts the wrong consumer at the start of his
collection efforts." FTC Statements of General Policy or Interpretations of Staff Commentaiy
on the FDCPA, 53 Fed. Reg. 50097, 50108-09 (Dec. 13, 1988).
The Courts have adopted a similar interpretation, stating "[V]eriï¬cation of a debt involves nothing more than the debt
collector conï¬rming in writing that the amotmt being demanded is what the creditor is claiming
is owed; the debt collector is not required to keep detailed ï¬les of the alleged debt. . .
[V]eriï¬cation is only intended to "eliminate the . . . problem of debt collectors dunning the
wrong person or attempting to collect debts which the consumer already paid." Chaudhry v.
Gallerizzo, 174 F.3d 394, 406 (4th Cir. 1999), cert. denied, 528 U.S. 891 (1999).
Based upon our investigation, we have been able to answer these three inquiries in the
afï¬rmative. Therefore, this letter shall serve as written veriï¬cation of the debt and you are
hereby notiï¬ed that this ï¬rm is resuming its collection activities.
To begin with I never had a Small Business Credit Account it was just a regular credit card. I don't know what to do from here. I have read thats all they need to send to me to verify the debt. i need an opinion from someone who knows this. thanks
Did you apply for the card using a business name? Do you have c
Did you apply for the card using a business name? Do you have copies of statements that lists what type of account you had? Either way, small business accounts are usually personally guaranteed so it would be a debt you owe. Or are you disputing it?? Cap One does not sell their accounts...they simply assign them and they are very agressive and do sue on as a regular course of business.
Not that I remember last time I checked my credit report Cap 1 l
Not that I remember last time I checked my credit report Cap 1 listed it as an individual account not a small business account. I am disputing it since its not a valid claim IMO. Should i respond back?
They're correct regarding verification of debt. You need to requ
They're correct regarding verification of debt. You need to request that they VALIDATE the debt.
IMO, the difference lies in who gets the letter. The credit bureaus will "verify" a debt, meaning they make sure they have the right company/person, reported amount due and status.
Validation is something you request of a 3rd party collector. They are required to maintain records to prove a) you owe the debt and b) the amount they're trying to collect is accurate.
This is a form letter even if you request validation
I just got done dealing with them. They sent me the exact same letter. I sent them the rest of the case showing it's real context. I filed a good counterclaim against them, and got a request for a mutual dismissal with prejudice very quickly.
They know that this is not validation, but they don't know that you also know this. If it were me, I would call there bluff and watch them run away.
Where are you located, how much is the debt and who is Michael J Scott suing on behalf of?