Need help with next step

Date: Mon, 08/09/2010 - 17:18

Submitted by anonymous
on Mon, 08/09/2010 - 17:18

Posts: 202330 Credits: [Donate]

Total Replies: 3

I'm sorry for asking a question that has probably been asked a million times but here goes anyway. Just received photocopies of 2 years worth of statements for an alleged Providian/WAMU/Chase account. This was in response to my 3rd DV letter to Winn Law Group (first 2 DV's were to Reixinger & Assoc.). There is nothing with my signature on it; no accounting of how they got to the number they are trying to collect; and nothing to show they are legally entitled to collect on this account (I asked for all of that in every one of my DV ltrs).
They say they have provided verfication of my debt and now intend to "continue with collection activity."
I didn't ask for verification - I asked for validation in my ltrs.
Do I send a 4th DV ltr saying thanks but now I want to see: 1) something with my signature on it; 2) something signed by original creditor selling them the debt (or something to indicate they actually own and are authorized to collect the debt); and 3) the amt they say is owed and how they got there?
Btw- I'm in CA and so is Winn Law Group. Last pmt was about 2-09.
Should I gear up for being sued?

Don't pay them a dime if they don't comply with the Federal law

Don't pay them a dime if they don't comply with the Federal law (FDCPA rules). As per the FDCPA, a proper debt validation should include the name of the original creditor, a copy of a cardholder’s agreement bearing your signature, legal documents that prove AMS is the rightful owner, a detailed listing of items charged and an accounting of how they arrived at the figure claimed owed.

You can send a DV follow-up letter to Winns Law Group. You'll find a sample of the letter if you search this site.

lrhall41

Submitted by paulcahill80 on Tue, 08/10/2010 - 09:53

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I am sorry but I see nothing in section 809 of the FDCPA that re

I am sorry but I see nothing in section 809 of the FDCPA that reqires anything but basically how much and to whom! I do not see where it says anything about signed copies! Maybe I missed something! Also the poster did not say that this was a credit card! It may have been a personal loan or an overdraft! If it were an overdraft there would be no signature!
He really should be prepared to settle or get sued! Settling is a lot less! No court costs and minimal legal fees!
Just my opinion!

lrhall41

Submitted by Frogpatch on Tue, 08/10/2010 - 10:06

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You should not have to send 4 dv letters but I did once. Later

You should not have to send 4 dv letters but I did once. Later I was told by members of another board to send the following/final letter. "I dispute this debt and since you have not provided me with validation of debt I am closing my files". This was to Portfolio Recovery who bought my Cap1. I sent final letter 1 month ago and not word from them since.

lrhall41

Submitted by OZZIE69 on Tue, 08/10/2010 - 10:06

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