So did your GF have a
Cap1 acct? I ask because from looking at your original post:
Around the first of the year my girlfriend received a letter from
Suttell & Associates indicating that they were collecting ~$1000
relating a Capital One credit card. We were
unaware of any debt.
- Within 30 days she sent Suttell & Associates a debt validation
letter requesting validation of the debt.
- In response they sent her 2 credit card statements indicating a
balance due of ~$600 and behind 5 and 6 payments. I did notice on the 2 past due statements that
they were being sent to an old apartment number in the same apartment
complex (I suspect my girlfriend forgot to update her apartment number
when she changed apartments so never received the notices).
If she did have a Cap1 acct, how could she "forget"?
Anyway...she is being sued. She needs to worry more about preparing a
defense and less about fdcpa violations. If they did violate then she
can answer the suit with counterclaims but from your post, I don't see a
violation. Cap1 keeps excellent records and very rarely sells off bad
debt while still w/in SOL. If the statements they sent were on Cap1's
letterhead and not Suttell's, then their validation falls w/in FDCPA
By signing up a debt counseling session, your provided details (Name, Email ID and Phone No.) will be forwarded to the company advertising on the DebtCC. However, you have no obligation to use their services.
Some creditors and collection agencies refuse to lower the payoff amount, interest rate, and fees owed by the consumer.
Creditors/collection agencies can make collection calls and file lawsuits against the consumers represented by the debt relief companies.
Debt relief services may have a negative impact on the consumer's creditworthiness and his overall debt amount may increase due to the accumulation of extra fees.
The amount which the consumer saves with the use of debt relief services can be regarded as taxable income.