Cache LLC-Responded to DV Letter-Is this enough info?
Date: Sat, 03/28/2009 - 13:31
I sent the the lawyers for Cache LLC a DV Letter and they responded with an original statement with the charge-off amount, an Affidavit of Claim & Certification of Debt from B of A which indicated the original contract is not available. Is is enough documentation to satisfy the Debt Validation Request or should I dispute this again with them? They have not sued yet but want me to contact them to arrange payment.
An affidavit is worthless until the person signing it shows up i
An affidavit is worthless until the person signing it shows up in court to testify as to the information contained in it. Without the original contract and only a charge off statement, they have no proof that the debt is valid.
Is the Charge-off statement on BofA letterhead or Cache's?
Cache should be able to obtain from BofA more records to prove the debt if it is a valid debt that they are attempting to collect.
Send them another letter stating that they have failed to validate the debt as required by law and that you are objecting to the affidavit and will challenge its validity in court.
