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 standards.

Sub: #1 posted on Mon, 06/23/2008 - 06:44

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