Mefisto04
Joined: 06 Jul 2009
Mefisto04's page
Posts: 3
463 Magic Points
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Subject: Not proper debt validation received - what should I do next?
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Tue Sep 01, 2009 1:08 am
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Just received debt validation letter, which looks not proper and valid to me.
This is what I received:
Dear…..
Global Acceptance Credit Company purchased and now owns the referenced account.
It was purchased by GACC on 2/3/2007
As per your request for verification of the account please see the information below:
Original Creditor: Capitol One
Description: Visa
Original Account Number: (16 digit number)
Account Data Open: 11/29/2001
Last Payment Date: 6/19/2003
Should you have questions regarding the above referenced account or would like to discussed any of the information, please call me at
Cordially,
Name
Research Department Manager
This is it. No any supporting documentation. Only this letter.
Is that valid and proper validation?
And what I should do next?
Please, advise. Any help will be greatly appreciated |
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swsabean
Joined: 12 Jul 2008
swsabean's page
Posts: 11
586 Magic Points
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Tue Sep 01, 2009 12:03 pm
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Hi Mefisto04.
I am in exactly the same situation. About a year ago, I sent a DV letter to a CA and received a response very similar to yours. Naturally, the question was, what recourse do I have? Can I sue the CA for violation of the FDCPA? I surely could use 1000 dollars in damages. What is the legal status of debt validation uder the FDCPA? I even started a thread on the topic in this forum.
First, the bad news. The threshold for debt validation under the FDCPA is very low. Much lower, in fact, than many people here seem to think it is. The FDCPA itself says nothing about what a proper debt validation should look like. Hence, it appears that the issue has been left to the courts. And we have decisions from the 2nd, 4th, 7th, and 9th Circuits that all make it plain that there is no requirement for an extensive laundry list of documentation to be provided. The 4th Circuit Court of Appeals had this to say about it:
"Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt."
I even consulted with an attorney specializing in federal litigation about this. He would not take the case because, in view of the already established precedents, he felt I had no case.
Dismal, I know. So what can we do?
Well, here's the good news. Even though I am not going to sue for violations of the FDCPA, the letter that the CA sent is useful. You see, the reason why the CA did not provide detailed information is because they do not have any. Therefore, they do not dare to sue me for the amount they claim is owed, because I will get a dismissal in a New York minute. Contract law 101: no contract, no debt. So, we have this deadlock situation and I will simply wait for the derogatory entries on my credit reports to someday expire. Meanwhile, I have filed complaints about this CA with various agencies: the FTC, ACA, and the state Attorney General for all the good it will do.
Your case appears to be even simpler. It looks like your alleged debt might be beyond the SOL. If so, then if the CA files suit, you put in a motion for dismissal on those grounds.
Hope this helps. |
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