I was served in early August (by a fishy lawyer that has a very bad reputation), and I sent an answer as well as a request for debt validation. I denied I owed anything basically. It's been about a week since I sent my answer. Here's what the new document they just sent me says,
"We are in receipt of your letter in which you stated there is a dispute with the aforementioned account and your request for verification. Your account was originally opened with CITIBANK on May 24, 2005, and your last payment was received on August 2, 2006. Our client (My note: i am assuming by client they mean the debt collector that bought my debt, not citibank) has verified that the balance of $4,169.58 to be true, correct, and still owing at this time.
We are willing to accept a settlement of 4,000.00. Upon receipt, my client will be notified of the funds received and they will mark the account settled. It is our sincere hope that we will be able to work together for a speedy conclusion and ask that you please resolve this matter by September 27, 2008."
Ok, so here's the problem. The original amount on the court papers I was served said my account balance was 3675.98 including the original balance and around 800 dollars of interest. In the complaint, it says, "WHEREFORE, Plaintiff demands Judgement against Defendant in the principal sum of 2847.48, interest of 828.50, attorney fees of 392.60, and court costs of 101.00." So basically my new "balance" includes attorney fees and court fees even though we haven't gone to court?
They also didn't send me any proof of account or my signature on anything. I sent a letter asking specifically for a copy of the original signed contract, a copy of all bills and or statements (and receipts), a copy of any payment bearing my signature, and a copy of any collection letters/late notices. In the original court papers they sent the credit card contract terms, but nothing I signed. Just a copy with the term where I have to pay the laywer circled and starred.
So I get this letter with no new information, nothing in response to my requests, and a nice "settlement" which is more than my actual account balance. What do I do now? This to me is not something I expected, I expected, "Boogedy boogedy well now you have pissed us off and we're suing the crap out of you." not another "pay us in 30 days pretty please or we'll probably do something. we'll see."
So is it now a waiting game? Should I send another demand for verification? I sent the first one certified mail but stupidly lost the signed receipt I got back from their office.
omg!
The first thing I would do is get a lawyer that is not sleep walking all day! lol! This to me is crazy and your lawyer should have easy taken care of it for you ...! Plan and simple! Any one that can do math or read can see that the numbers don't match and that your lawyer is a retard or fraud!
I don't think that it is a proper reply to a debt validation letter. When you ask for debt validation, it means that the collection agency have to send you the proof that the debt has been sold off by the original creditor to the collection agency. They should properly validate the debt within 30 days from the date of receipt of your letter. In the meanwhile you should check your credit report to find out whether they have listed the amount in your credit report. If they have done so, you can dispute the listing with the bureaus. Now if you find that the collection agency is still harassing you for the debt without properly validating the debt, you can send a cease and desist letter to them.
I am in this same boat, I recieved a summons almost 2 years ago, still waiting on a court date. I have requested proper debt validation three times, like yours, certified, return reciept requested. Each time I named the attempt, 1st attempt, 2nd attempt, >>>>>>
Like you, they offered me a settlement amount and actually tried to get me into a judgement by consent. Like I would agree to that.
I wouldl send another debt validation requesting that they provide proof that they have a legal contract between you and the orignal creditor and the legal transfer of that debt to them for collection. I think you are right when they refer to their client so obscurly, that it is really the collection agency and not the original creditor.
Mine actually sent me a bogus affadavit, to which I responded that if this individual had first hand knowledge and is willing to put their name and swear to an affadavit, then I would have this individual subpeonaed to the proceedings.
It has been over two years or close to it, I think they thought if they paid the $30 to file the suit that I would buckle down and pay. I came to these forums and got educated real quick. If we ever do go to court I will present my requests for validation and then verbally request it in front of the judge. But I honestly don't think that mine is going to pursue this, I could be wrong but it has been almost two years. I had another that I did owe the original creditor and they did not play around, they took me to court with in the 30 day time frame, but then set up payment arrangements and dropped everything once the payments were done. So I have a pretty good idea how the process works, I think these other fools are calling my bluff.